Senedd Watch - March 2014

• The second Silk Commission report, published on March 3^rd, recommended devolution of policing, youth justice, teachers' pay, some transport powers/budgets and raising the limit for Welsh Government energy project consent from 50MW to 350MW. The report also recommended a reserved powers model and an increase in the number of AMs to 80. The report rejected devolution of broadcasting, but called for a review of devolution of the criminal justice system between 2018-2025.
• An academic study found 4 in 5 workplaces in Wales were dominated by one gender, with 91% of skilled trades occupied by men. The Electoral Reform Society also backed calls to increase women's representation on local councils, setting parties a target of 40% of winnable seats having women candidates at the 2017 local elections.
• Health Minister, Mark Drakeford (Lab, Cardiff West), announced changes to how mortality statistics are recorded following concerns about mortality rates at Welsh hospitals. Shadow Health Minister, Darren Millar (Con, Clwyd West), said the answer was to, “look at the problems, not blame the data”.
• The National Assembly granted Kirsty Williams AM (Lib Dem, Brecon & Radnor) leave to introduce a Minimum Nurse Staffing Levels Bill. She said the Mid Staffordshire scandal in England highlighted how low nurse-patient ratios were a threat to patient safety and care, and her law will, “ensure that we have safe staffing levels in our hospitals".
• Welsh exports rose by 11.2% in 2013 to stand at £14.8billion, significantly outperforming than the rest of the UK (+0.4%). The First Minister said it, "demonstrated the overwhelming success of our approach". Plaid Cymru Shadow Economy Minister, Rhun ap Iorwerth AM (Plaid, Ynys Môn), said his party would establish an Overseas Trade Initiative to further improve export performances.
• The National Assembly's Public Accounts Committee published a critical report into Welsh NHS Finances, calling for greater transparency and more flexible financial planning. The NHS Finance Act 2014 – which comes into force in April – will give Local Health Boards three years to plan their budgets instead of one.
• The Assembly's Constitutional and Legislative Affairs Committee inquiry into Welsh roles in EU decision-making called for a focused EU strategy, and a review of "soft diplomacy" used in Brussels. Committee Chair David Melding AM (Con, South Wales Central) said, "it was more difficult to make yourself heard in debates which affect your interests" within the EU.
• Education Minister, Huw Lewis (Lab, Merthyr Tydfil & Rhymney), launched an immediate investigation after GCSE English language results in January 2014 were lower than expected, following course changes as a result of a marking row in summer 2012.
• On March 12^th, the minister announced Glasgow University's Prof. Graham Donaldson had been appointed to undertake a "comprehensive, wide ranging and independent" review of the curriculum and assessments in Wales.
• On March 18^th, the WJEC announced they would re-mark 300+ papers, but said an internal review found marking was "consistent" with "no sizable disparities".
• Plaid Cymru held their Spring Conference in Cardiff, where leader Leanne Wood told voters to "reject Europhobia" in the forthcoming European Parliament elections, saying UKIP's politics "had no place in our country, not now, not ever". Plaid floated policies such as a £300million full-time childcare scheme and also ruling out lowering the top rate on income tax should tax-varying powers be devolved.
• Dafydd Elis-Thomas AM (Plaid, Dwyfor Meirionnydd) was sacked from his roles as transport spokesperson and chair of the National Assembly's Environment Committee on March 13^th, after describing Plaid's attack on UKIP as "facile" and criticising the wording of a press release.
• Local Government Minister, Lesley Griffiths (Lab, Wrexham), told BBC Wales that the public should have access to information on senior executive pay in local government, following a series of critical reports from the Wales Audit Office and scandals. New guidance will be issued to local authorities in April.
• The National Assembly's Communities, Equalities and Local Government Committee inquiry into sports participation said more needed to be done to overcome barriers amongst women, girls, the deprived and ethnic minorities. It also called for better statistics gathering and a Welsh Government review into their free swimming scheme.
• The Welsh Conservatives launched a year-long consultation on changes to higher education, including proposals for two-year bachelor degrees, which is said would enable students to enter the workplace faster and cut student debts.
• Bethan Jenkins AM (Plaid, South Wales West) launched a consultation on the Financial Education & Inclusion Bill, revealing that financial education provision varied wildly in Welsh schools, ranging from 270 hours to "nothing". The Welsh Government said they had reinforced financial education in the school curriculum, believing legislation was unnecessary.
• A row broke out between the Welsh and UK Governments on electrification of railways in south Wales, after the First Minister suggested Westminster would pay for rail electrification, while the UK Government insisted costs would be eventually borne by the Welsh Government - despite rail infrastructure being non-devolved.
• The National Assembly approved the Social Services and Well-being Bill at Report Stage on March 18^th by 53 votes to 5. The Welsh Liberal Democrats voted against due to concerns about the legislative process. Deputy Minister for Social Services & Children, Gwenda Thomas (Lab, Neath), said it will, "make a real difference to the lives of those who need care and support".
• Plaid Cymru accused Labour of " blatant hypocrisy" for rejecting their amendment to outlaw zero hour contracts for social care workers, despite Labour's public criticism of the contracts in other walks of life.
• Unemployment in Wales saw another large fall – by 12,000 – in the three months to January 2014, with the unemployment rate at 6.7% compared to 7.2% for the UK as a whole.
• The UK Chancellor announced the budget on March 18^th, with changes to pension and saving rules, compensation payments for energy-intensive businesses – like Port Talbot steelworks – and an announcement that the Wales Bill on financial devolution would be introduced. The Welsh Government's budget will be increased by £36million over the next two years.
• The Welsh Government announced £8million in loans towards two housing schemes in Tonyrefail and Newport, which are said to be worth £225million to the Welsh economy and could create up to 2,300 jobs. Business Minister, Edwina Hart (Lab, Gower), said the schemes will, "help transform brownfield sites into thriving communities".
• The Wales Audit Office questioned the benefits of a £90million Welsh Government project to move civil service jobs out of Cardiff, saying the benefits were "uncertain". However, the project was said to have delivered "all its objectives" overall.
• The National Assembly approved the Education Bill on March 25^th by 37 votes to 4 with 11 abstentions. The Education Act will harmonise term dates and create a new professional body to oversee teaching in Wales. In a significant change to the original Bill, special needs education provisions were removed and will instead be included in separate legislation.
• Ambulance responses within target times saw a sharp drop in February 2014, falling 5.5% to 52.8%. Welsh Lib Dem leader, Kirsty Williams, described it as a "national disgrace", saying ambulance services "had reached crisis point". The Welsh Government announced they would change the targets in order to show clinical benefit, not pure response times.
• The Assembly's Children & Young People Committee inquiry into childhood obesity said children were having to wait until adulthood to receive obesity treatment. They also called for better monitoring of government health programmes and outcomes. In 2011, around 35% of under-16s in Wales were either overweight or obese.
• BBC Wales reported concerns from within Natural Resources Wales (NRW) that they were put under pressure by the Welsh Government not to object to developments – pointing towards the Circuit of Wales development in Blaenau Gwent, where NRW opposition was withdrawn. Natural Resources and Food Minister, Alun Davies (Lab, Blaenau Gwent), said the body was "independent" and had "achieved a lot" since it was established in 2013.
• Opposition politicians criticised Welsh Labour after AMs blocked Ann Clwyd MP (Lab, Cynon Valley) – a vocal critic of the Welsh NHS - from giving evidence to the Health Committee. It follows a row over the care her late husband received at University Hospital Cardiff, the First Minister telling the Senedd she had "produced no evidence" of poor care.
• At Welsh Labour's spring conference in Llandudno, the party said they would offer "Scottish-style" taxation powers and a reserved powers model if they win the 2015 UK Election. The First Minister admitted his government "could do better" on the NHS, but said his party was, "on the frontline in the Tory war on Wales".

Projects announced in March include : An extra £4.2million towards flood repairs after winter storms, a £21million extension of the Sêr Cymru science investment scheme, a £1.8million fund towards physical literacy in schools, £1.7million towards credit unions, a pilot scheme for a project to provide training places for youngsters in workless households which could eventually help up to 5,000 individuals, and a £15million package to cut business rates.

Read More

Towards a Cornish Assembly?

Cornish nationalist party, Mebyon Kernow, recently launched a
consultation on the format of Cornish devolution.
(Pic : Western Morning News)

While most of the constitutional focus in Wales has been on Silk II, and constitutional focus across the UK on the Scottish independence referendum, the fifth nation of the UK has thrown its own hat into the ring.

Cornish nationalist party, Mebyon Kernow (MK), launched a consultation document on proposals for a devolved Cornish Assembly on March 5^th – St Piran's Day. It's available here (pdf).

Fifty thousand Cornishmen will know the reason why

As I've covered before (The Case for Cornwall), Cornwall meets most of the standard requirements and historical precedents to be considered a nation rather than an English region or county. Back in 2001, more than 50,000 signed a declaration calling for Cornish devolution. It was Liberal Democrat policy, with the closest Cornwall coming to devolution being a backbench Government of Cornwall Bill (pdf) introduced by Dan Rogerson MP (Lib Dem, North Cornwall) in 2009.

As I post this, the Lib Dems have made it official party policy again.

Many of the problems facing Cornwall are very similar to those facing
us in Wales  - especially in terms of economic development
and demographic change.
(Pic : BBC)

With the UK constitution now in flux, MK believes "there needs to be a mature, respectful and wide-ranging debate about the future of the whole of the UK and how it is governed." A constitutional convention then - something our First Minister and others in the National Assembly would no doubt agree with.

If it's agreed that Cornwall should see devolution, and a detailed proposal fleshed out, MK supports holding a referendum.

Many of the challenges facing Cornwall are all to familiar to us in Wales : an ageing population caused, in part, by in-migration of retirees; high house prices in rural areas, a relatively weak economy (Cornish GDP per capita was 61.2% of the UK average in 2012, compared to 72.3% for Wales) and "peripheral neglect" by being so far from Westminster.

Except, of course, Wales, Northern Ireland and Scotland have their own devolved legislatures to deal with some of these issues to varying degrees of success (or failure).

MK believe a Cornish Assembly would "be in a strong position to built a more prosperous economy....support Cornwall's traditional and emerging industries, build on Cornwall's sense of place, it's unique brand, and maritime potential".

Chuckles' "Prince of Wales" title is exactly that - a title and nothing more.
His role in Cornwall, however, is significantly more hands on
- perhaps to Cornwall's detriment.
(Pic : The Telegraph)

The party also believe that Cornwall suffers from a "democratic deficit" as they only have 123 councillors serving a population of 534,000 in a single unitary authority. Devon has two and a half times the population but four times the councillors, while Somerset has 1.7 times the population and 3.5 times the number of councillors.

A National Assembly would also reinforce Cornwall's national status, with 73,200 people describing themselves as Cornish in the 2011 census, despite it not being on the official census form, working out at around 14% of the population. Also, 46% of children in the 2013 school census described themselves as Cornish (more from Cornish Republican).There's a very specific bone of contention too involving the Windsor clan. Chuck Windsor (and presumably in the short to medium term, Billy Windsor) enjoys near-feudal rights as Duke of Cornwall. MK believe devolution will make it easier to hold a full inquiry into "Cornwall's ambiguous constitutional relationship with the Crown and contradictions between this....and administrative arrangements".

What would a National Assembly of Cornwall look like?

Mebyon Kernow propose something for Cornwall near enough identical
to what we have in Wales, with some key differences - in particular the voting system.
(Pic : cornwallvsf.org)

• Devolved powers – Effectively the same powers as the Welsh Assembly (agriculture, tourism, health, education, culture, housing, local government etc.) - including primary law-making powers from the start. They also want the power to vary income tax, perhaps in light of what's on the table for Wales and Scotland.
• The Cornish Assembly – 40 Assembly Members (AMs) elected in multi-member constituencies by Single Transferable Vote (STV). This works out as roughly 1 AM per 13,350 people. The exact arrangements and constituencies will be decided by a special commission. Cornish AMs would sit in committees and work in a similar way to our AMs. Although there's nothing in the proposal about where a Cornish Assembly would be based, you would presume it would be at the existing Cornwall Council buildings in Truro without the need for a new building.
• Cornish Government – Made up of between 4 and 6 ministers with "a small number of junior ministers". It would be headed by a First Minister along the same lines as the Welsh Government and supported by a civil service.
• Finance – Cornwall would be funded via a Welsh-style block grant via a needs-based settlement, which MK estimate at being in the region of £4billion. They also want control of EU Structural Funding (Objective One), which Cornwall receives in the same way as West Wales & The Valleys, except it's administered from London and Bristol.
• Local Government Reorganisation – The single local authority covering Cornwall would be rescinded and replaced with four new councils, each with 35-45 councillors, set out by legislation. These councillors would also be elected by STV. Some decisions could be devolved further down to community and parish councils.
• External Relations – Cornwall should have representation on the British-Irish Council, and should have its own MEP, with offices in Brussels. Cornwall should also have its own Commonwealth Games team and the Cornish should be protected via the Convention for National Minorities in the same way as the Welsh and Scottish.

Devolution : Go for it, but don't repeat our mistakes

If a Cornish Assembly were formed,  these signs might have
more than a little bit a truth in them for once.
(Pic : libdemvoice.org)

Wales stands testament to the fact that while devolution does bring a means to make sometimes significant policy changes, it doesn't guarantee success, and is far from a "magic bullet" in itself.

Believe it or not, Mebyon Kernow have been "inspired" by some of the achievements of our National Assembly over the past 15 years (and the Scottish Parliament), picking out :

• Scrapping prescription charges and hospital car parking charges.
• Protection from the "creeping privatisation of the NHS in England".
• Statutory waste and recycling targets with an aim of "zero waste".
• Allowing suspension of "right to buy" in areas facing housing pressures.

So there are plenty of things the Cornish can learn from devolution elsewhere in the UK, but there are also plenty of mistakes they would do well not to repeat. I would pick out mismanagement of EU funds as the biggest lesson Cornwall could learn from Wales, as well as timidity in policy making and having too small a legislature to allow effective criticism of the executive.

Politically-speaking, a Cornish Assembly could throw up some interesting things.

If you want to compare it to Wales, it's likely the Lib Dems and Labour would swap positions, with Cornwall becoming a Lib Dem hegemony and Labour being a minor party that would struggle to get more than 3/4 seats in a 40-seat legislature. It would make the machinations of an STV system interesting for psephologists I suppose – and it's sensible that Mebyon Kernow have proposed that system from the start.

As to how to get in the position of being able to hold a referendum, MK would have to secure their "Gwynfor moment". By that I mean winning, or seriously challenging for, a Westminster seat. Then the party would probably have to become a major force on Cornwall Council, being in a position to form a government or some sort of coalition with the Lib Dems in order to get Cornish devolution on the Westminster agenda.

Read More

Silk II : The Wrath of Paul

On Monday, the second and final part of a wide-ranging review into Welsh devolution was published by the Silk Commission – available here (pdf).

The first part looked at fiscal powers, culminating in the current Wales Bill. This second part, however, looked at the National Assembly itself and its devolved powers, as well as other issues like the Welsh civil service and cross-border cooperation.

It was difficult to decide how to approach this, so I decided to split it into one chunk looking at devolved powers, another at key powers taken off the table and another looking at changes to "the machinery of government" (civil service, the Assembly etc).

What further devolved powers does Silk II propose?

The headline proposals are to devolve policing and youth justice, though
without wider criminal justice powers at present.
(Pic : BBC Wales)

Policing – The headline recommendation, which includes crime prevention and community safety. Devolving the police would mean the National Assembly would have legislative competence for the "governance and administration" of the police in Wales – the only emergency service not currently devolved. Things like the National Crime Agency would remain non-devolved. In terms of funding, the current Home Office grant would transfer to Wales, with an estimate £2-3million bill to set up a specialist Welsh Government policing team. Policing should be devolved by 2017.

Youth Justice - This covers the "treatment and rehabilitation" of those aged 10-17 who commit criminal offences. Many of the factors here are intertwined with devolved and local government services like education, social services, training and health. So it's recommended administration of youth justice services be devolved by 2017, which would cost around £300,000.

Transport – There's a package of powers here, the big ones being devolution of Network Rail funding and the Wales & Borders rail franchise, which is what the Welsh Government and Enterprise and Business Committee have long called for. Also included is ports development, which is important for the economy. Elsewhere in public transport, there are proposals to devolve Traffic Commissioner functions as well as regulation of bus and taxi services. In terms of road transport, there's a recommendation to devolve speed limits and drink-drive limits – in line with what's happened in Scotland.

Energy Project Consent – Because the energy needs of Wales (a net-exporter of electricity) would be out of kilter with wider UK needs, the full devolution of energy consent was rejected – however the limit for the Welsh Government to consent to energy projects would be raised to 350MW from the current 50MW (more from A Welshman's Blog).

Water (Partial) – Powers over sewerage should be devolved, and the boundary for legislative competence should be aligned with the national borders, with a formal inter-government protocol on cross-border water issues.

Local government elections – Including their administration and rules of conduct. Technically speaking, the local government electoral system is devolved, but I imagine this recommendation includes that too.

Teachers' pay – In line with Scotland and Northern Ireland, however pensions devolution has been rejected as it would discourage cross-border movement of teachers between England and Wales. The Scottish and Northern Irish education systems are a bit more independent than the Welsh system anyway.

What devolved powers did Silk II reject?

The Commission rejected the devolution of broadcasting, but included
measures that will give the National Assembly an enhanced role.
(Pic :outcasting.org)

Criminal Justice (for now) – This includes the court system, prisons, legal aid, sentencing guidelines, public prosecution and probation services. The costs of creating a Welsh judiciary are much, much smaller than I was expecting - £2million – but the additional cost of a Welsh court system would be £10million. The Commission say the Assembly should instead start off with powers that impact the "day to day lives" of people (policing). So it's rejected now, along with prisons, but something that "should be contemplated in future", with a full review into devolution of criminal justice taking place between 2018-2025.

Further economic powers – The report rejects further devolution of economic powers. Amongst those proposed were DWP work programmes, consumer protection, regulation and inward investment. Instead, the report says there should be better cross-border coordination in policies which overlap (like training programmes).

The Crown Estate – Instead of transferring responsibility for the Crown Estate to Wales, its recommended Wales have similar status to Scotland, with an appointed Crown Estate Commissioner and Crown Estate office.

Broadcasting – As expected, and as I predicted back in September last year, devolution of broadcasting has been rejected due to opposition from both Welsh and UK governments. However, the National Assembly "should take an enhanced role in broadcasting" with a devolved governance body (Welsh BBC Trust), public funding for S4C should be devolved (which doesn't matter as it's moving to whole scale licence fee funding) and appointment of S4C Authority members should require Welsh Government approval. Ofcom should also have a board member with "specific responsibilities for Wales".

Social security – "Social welfare" is devolved to the National Assembly, that includes things like social services and child protection. Social security – aka. the benefits system – isn't, and isn't even devolved in Scotland or Northern Ireland. 46-51% of people polled believed the National Assembly should control the benefits system, however it's rejected because it's an important part of the social and economic union, and the Welsh Government were concerned about exposure to budgetary risks.

What does Silk II outline for the machinery of government?

In addition to reserved powers, by 2021 will this
be home to an 80-member Welsh Parliament?
(Pic : National Assembly of Wales)

Reserved powers – Arguments in favour of a reserved powers model are :

• Certainty in what powers the Assembly has, meaning they can "legislate with confidence".
• Schedule 7 of the Government of Wales Act 2006 is "unclear", because the whole thing has to be consulted before laws are made, while it's obvious in a reserved powers model which powers are explicitly off the table.
• It would "be more stable over time", meaning no challenges to Welsh laws as we've seen in (currently) three cases. A reserved powers model would also reduce the risk of such litigation.
• It would "bring greater consistency" with the rest of the UK, as a reserved powers model is used in Scotland and Northern Ireland.
• It would enable the devolution settlement itself to be redrawn along "clearer and more logical principles" and it would be simpler.

Inter-governmental relations – Welsh and UK governments should share good practice, with a statutory code provided in a new Government of Wales Act. A Welsh-UK Government intergovernmental committee should be established with a new arbitration system for disagreements between the two governments.

The National Assembly itself – Some proposed solutions to the "scrutiny gap" and demands on AMs time have included "smarter working" (which I've covered before) adding co-opted unelected members to Assembly committees (as in local government) or the creation of a second chamber. However, the Commission say it's "convinced the Assembly requires more backbench members....to scrutinise policy and legislation more thoroughly." They therefore propose an increase in the number of AMs from 60 to 80 at a cost of approximately £5.3million. Don't cheer all at once.

Also, the (pseudo-colonial) right for the Welsh Secretary to participate in National Assembly sessions would be removed. The Assembly should also be able to regulate its own financial procedures with the door left open on a possible name change to "Welsh Parliament" – though I don't see the point, personally.

The National Assembly should also be recognised as "permanent" as long as it's the will of the  people of Wales.

The Civil Service & Civil Society – There are no proposals to "devolve" the civil service, and the Commission believe that the Welsh Government should continue to be staffed as part of the "Whitehall" civil service. UK Government departments should also be "clearer about the extent of their responsibilities for the different parts of the UK."

Timescales & The Referendum Question

The proposals will not only mean an increase in responsibilities,
but also an increase in the devolved budget.
(Pic : BBC Wales)

The big thing to note is that the Commission rejects holding a referendum on these extra powers (other than the proposed income tax powers as outlined in the Wales Bill). Instead, it should be a matter left for individual party manifestos in the 2015 UK Election and 2016 Welsh General Election.

I'm not entirely sure I agree with that, for reasons I outlined in Marching out of lockstep.

Some of the proposals can be introduced without legislation, mainly those powers relating to improved inter-governmental working, or things that can be transferred by Orders in Council.

The other powers, and a reserved powers model, would require a new Government of Wales Act. A Bill would be published in autumn 2016 and enacted by summer 2017. If the Bill passes, then the National Assembly would have a reserved powers model following the 2021 Welsh General Election.

Full devolution of rail and policing would result in the devolved budget increasing by £500million, and full devolution of criminal justice would increase that to £800million. If you include the £300million "fair funding" then I guess that takes it to £1.1billion.

Conclusion : A golden mean?

The shelves must be creaking under the weight all these reports...and the dust.

(Pic : Click on Wales)

I'll come back to the political reaction when this is inevitably debated in the Senedd over the next couple of weeks/months.

Silk II has been argued in a logical, pragmatic manner. It's much better than Silk I and undoes a lot of the mess Peter Hain left in 2006. However, at the same time there's also very little on the table. The powers are similar to those devolved to Scotland under the Scotland Act 2012. Copy and paste, almost.

The question there is if Scotland votes no in September, and as a result acquires further devolved powers or devo-max, Wales will be left behind yet again when - based on this report - Wales is tantalisingly close to achieving parity with Scotland (if criminal justice powers were devolved in future).

A lot of the things have been mentioned so many times before – like devolution of the Wales & Borders franchise, policing, youth justice, reserved powers and teachers' pay – that it's a bit of a damp squib, albeit welcome.

It would've been exciting, and really made a difference to the National Assembly's standing, if we got criminal justice powers alongside that, but we'll have to wait until the 2020s if it's to happen. It's sensible for it to be reviewed thoroughly, but it seems like a largely unnecessary delay.

Having control over policing without criminal justice powers is a bit like like having control of the ambulance service without running hospitals.

Returning to the Assembly itself, it'll be hard to justify 80 AMs until after the devolution of criminal justice powers because those powers really will increase the workload for AMs above and beyond what they currently have. The current 60 should be able to cope with these powers (like policing, teachers pay etc.) as long as they find ways to – as the report puts it, and as myself and others have put it before – "work smarter".

So I'd say I'm neither blown away nor disappointed - it's pretty sensible on the whole. However, as history has shown us, the final versions of visions of grand commissions often end up watered-down. This is going to have to remain a whole package, as I don't think there's any room for compromise here that won't undermine its intent.

Read More

Never Mind The Bollocks....

Before addressing Silk II, it's worth registering my irritation, anger even,
at Plaid Cymru's backfired attempt to "discipline" Michael Haggett.
(Pic : Syniadau)

All Plaid Cymru had to do was shut up.

They got their man in the Senedd. Beds had been made, and Plaid's anti-nuclear lobby have been tucked in so hard they've been suffocated - whether they realise it or not.

The party top brass weren't satisfied with one of the best constituency performances in Plaid's recent history, embarrassing Labour in the process. They had to celebrate the triumph by flaying those of little faith - Syniadau's Michael Haggett (MH) in their sights.

MH : Deserved Criticism

After the by-election, I said some of MH's language and timing was "brazen", and that Plaid Cymru had a right to be angry "for that reason, but that reason alone". MH had to answer for it.

The sole justification (for a complaint) would be his, "it would be tragedy for Plaid if Rhun (ap Iorwerth) was elected" comment. You wouldn't expect a member to, effectively, hope their party loses an election, regardless of their opinion of the candidate. All parties would treat that seriously, and people have been expelled for less.

Those who volunteered time or money on Anglesey last July have a right to be angry, and perhaps MH owed them an apology. The initial punishment (a written warning with an expulsion suspended for 12 months) even seemed proportionate.

However, you would've expected Plaid to let it go, because any disciplinary actions would've had to have revisited public statements on nuclear energy - except it didn't because the process was an absolute train crash.

If Plaid had disciplined MH fair and square, I wouldn't be posting this. But the whole thing was rendered an injustice by the hamfisted way Plaid got to that position, raising serious questions about how the party is run behind the scenes.

Speaking Truth to Power

Being accused of lying is hardly the most stinging insult towards a politician (however unpleasant) as it's an unofficial part of the job. MH's criticism of Plaid's nuclear policy and its misrepresentation by senior figures in the party stands up - regardless of the tone of his arguments.

Llyr Gruffydd AM (Plaid, North Wales) produced an excellent energy policy paper a few weeks ago, but it was hard to take seriously because – once again – Plaid tiptoed around a controversy for the sake of being everything to everyone. Their "We don't support nuclear power, except...." stance is farcical.

There are plenty of "pragmatic" realpolitik policies Plaid Cymru oppose or oppose when they want to - fracking, opencast mining, large-scale onshore wind farms, moving Trident to Wales, the monarchy, closing small schools, the "bedroom tax", GMOs, toxic waste dumps, drones.... the list goes on.

Based on the Anglesey precedent, if someone proposed a nuclear-powered Aberthaw B or Trawsfynydd B promising thousands of jobs, what would Plaid's position be? Will it be "We don't support nuclear power, except...." all over again? You can't tell.

An issue of little importance? Absolutely not.When it comes to independence - Plaid's "long term aim" - you have to place yourself 20, 30, 40 years into the future, weighing up all variables including nuclear energy. It doesn't matter if it has minute support or not, if it's a "long term aim" of a political party they have to future proof policy with that in mind.

Plaid secured a crushing by-election victory, the price being the "The Party of Wales" backing the construction of a 21^st Century Caernarfon Castle.

I don't have an issue with nuclear power on safety, technological or environmental grounds (unlike MH), even whilst living in the shadow of Hinkley Point. My objections are mostly economic. Even if decommissioning liabilities were shared, it's a long-term bill and liability we don't need.

Wales doesn't need a nuclear power station based on our energy requirements and potential for renewables; the UK does. Construction will likely be undertaken by experienced contractors – not locals, that's why there's talk of lots of temporary housing on Anglesey - while the number of operational and long-term jobs are partly related to decommissioning Wylfa A.
Losing Anglesey Aluminium completely will be the bigger blow to the Anglesey and Welsh economies in the long run. Producing aluminium - a hard product - is worth more in terms of domestic productivity than utilities ever will be.

Even if Wylfa B was going to be steam-rollered through by Westminster, supporting nuclear power in Wales is logically incompatible with both Welsh nationalism and sustainable development – the latter of which Labour continuously pays lip service to as well.

A valid complaint heard in a Kangaroo Court

Maintaining discipline amongst a 7,000+ member organisation is always going to be a tough, thankless task.

Elin Jones AM (Plaid, Ceredigion) can't be criticised for making a complaint. There's nothing wrong with a party disciplining its members as long as the process is fair, objective and the same rules apply to everyone regardless of rank.

The disclosed emails and documents are unequivocal - Plaid bollocksed it up.

At the start, you would've expected an enquiry into MH's comments – which could've then led to a formal disciplinary procedure.

The first question would be, "Have senior members of Plaid Cymru publicly misrepresented the party's nuclear energy policy?" If the answer's yes - and it is yes - then MH is entitled to question the party or candidate's stance. Case closed. His only responsibility would be to express that reasonably, and you can certainly argue he didn't. But the truth is the truth.

If Plaid don't like that, they'll need to change their policies. That's supposed to be the job of the membership, making Plaid "different" from other parties, isn't it?

Instead, key decisions were taken behind closed doors without input from MH (including taking part in the initial investigation), Plaid's Standing Orders relating to discipline weren't followed correctly, records weren't properly kept and even basic things like dates were wrong.

MH was trying to answer a case without knowing : who would be adjudicating, the precise grounds for the complaint so he could properly defend himself, whether there was any potential conflict of interest amongst members of the relevant panels and timetables.

The initial investigation report - seemingly the sole evidence by which the final judgement was based upon - reads as biased in the absence of evidence from MH.

Regardless of your opinion on the rights and wrongs here, condemning someone without giving them an opportunity to defend themselves properly isn't just immoral it's disgusting.

MH was pedantic, but in quasi-judicial proceedings it's absolutely essential rules, regulations and orders are followed to the letter. That didn't happen, and should render judgements null and void.

I'm astonished Plaid had the cheek to restart the process after a successful appeal. An appeal where Michael ripped their position apart. If people don't know what "Kafkaesque" means, MH has provided an excellent example.

If a private company or public body were acting this way there would've been grounds for an employment tribunal. I'm sure Plaid at all levels would vigorously "defend the rights" of those on the receiving end of such disgraceful treatment. The placards would be out in force.

Except for their own.

Respect cuts both ways

When bloggers do something wrong, we should be called out on it. To repeat myself, some of the things MH wrote were unacceptable, and the punishment (had the processes been followed properly) was fair.

But an injustice or attack against one is an attack on all.

Although there are plenty of people and processes that come to the aid of those of higher standing in Welsh politics and society - even when they spout utter bollocks - there's nothing for those of us at the other end of the scale except each other. Call that solidarity if you want.

Yeah, the blogosphere's small, geeky, not very important nor influential. Some commentators (bloggers or those who interact with us) verge on being cartoon characters, whether they're the most strident hard-nationalist or the most uber-Brit anti-devolutionista.

It's fallen out of fashion amongst "Assembly insiders" so it's not seen in the same light it was five or six years ago. However, like it or not it's part and parcel of how Welsh politics is covered - which is in a bad enough state as it is. Summarising party policies or things like the Assembly in detail - for those who are interested but who don't want to read the official stuff themselves - is the sort of thing you don't get here because Wales lacks broadsheet newspapers.

It takes hard work and dedication to get where I am, let alone Syniadau, which for a Welsh politics site has been a phenomenal success. Often - if you're a nationalist - that means being an active member of, or agreeing with, Plaid Cymru. Sometimes it means disagreeing, and hopefully providing constructive criticism or sparking debate.

OK, Michael didn't live up to the "constructive" part, but I would've expected a member of the rank and file with a large audience of readers to have been on the list of people to engage with constructively, not treated as a nuisance.

It's in stark contrast to Scotland's "Fifth Estate". Plaid would fall over themselves to have a Wings over Scotland or Bella Caledonia. It's likely "cybernats" are playing a crucial role in the independence referendum.

Elin Jones speaks for Plaid on internet campaigning as she's the party's Director of Communications. It would've been nice to have known of Plaid's low opinion of blogs sooner, because it would've saved me hours of voluntary work – including more recently, this, this and this - and from a non-member.

To give you a rough idea of how much that's "worth" - nothing to Plaid Cymru it seems - if there were a market for it and it were carried out by journalists, the going freelance NUJ rate is ~£100-200 per 1,000 words online.

Blogs appear out of thin air, but you can't pull posts out of your backside. It can become an unpaid part-time job, and if you're a party member you're effectively volunteering all year round - not just at election time - the number of hours it amounts to bordering on insane. Except, it's never been considered voluntary work in MH's case, has it?

Your public statements are widely-read but don't carry weight.  It's also a risk, with particular problems in Wales - the abuse, balancing things so you don't annoy the wrong person (ha!), litigious local authorities etc. If you get your stuff wrong you publicly humiliate yourself, because you're doing something in your free time without paid researchers and assistants to draft and fact check things for you.

Open debate should be Plaid Cymru's greatest strength, but if criticism is shouted down and critics hounded out, all you're left with is a parade of delusional feel-good fluff with no substance. The party marches off a cliff, high as a kite, because they believe stuffing more letter boxes in safe seats and dishing out more keyrings than they used to means they're heading for government.
MH was abrasive, but honest opinion and advice is absolutely essential to any political party that has ambitions of power, as integrity and fixing policy holes gets them into office. Muddled policies don't. The arsekissers, ladder-climbers and yes-(wo)men will be the first to jump ship when the going gets tough, taking canvassers, memberships and donations with them.

You could say MH is a self-important loose cannon who should know his place.

You can also say he's been a foundation stone of Plaid's online campaigning for five years, with articles - the vast majority fervently in support of the party's policies - collectively read more than a million times. You would've thought that counts for something in terms of "voluntary work" or "party loyalty", and might buy you enough grounds to be treated with a modicum of common decency when you breach discipline.

Even if the complaint was valid, Michael earned the right to be judged properly and to be heard out. People might rightly question his loyalty to the party, but the party showed no loyalty to him in kind.Plaid should take great care in ensuring that, in future, decentralised socialism doesn't translate into meaning the same old centralised bullshit.

Read More

Bandits control the Wild West

Carmarthenshire folk don't take kindly to varmint auditors.
(Pic : via angelfire)

We've already seen Pembrokeshire Council's (PCC) Indians protect their chiefs - another round of that next week - but Carmarthenshire's cowboys and cowgirls (CCC) had an opportunity to restore natural order to their territory earlier this week.

The council instead hanged the sheriff by choosing to "note" – effectively reject - the Wales Audit Office (WAO) report into unlawful indemnity funding, whilst accepting they made mistakes on that and the pension payments – with nobody taking responsibility, naturally.

The broad message coming out of the meeting was identical to that of Pembrokeshire - "We haven't done anything wrong, but we won't do it again."

Y Byd ar Bedwar

Ahead of the meeting, S4C's Y Byd ar Bedwar provided a decent summing up of the issues in Pembrokeshire and Carmarthenshire (available here with English subtitles), with contributions from Carmarthen Planning's Jacqui Thompson and Y Cneifiwr. Both Mark James and Bryn Parry-Jones had an opportunity to put their side of the story across but turned it down.

Former Chair of CCC, Cllr. Sian Thomas (Plaid, Penygroes), said she "could see the erosion of democracy within the county council". Although it was her job to ensure councillors could have their say, she feared she would be corrected or overruled by the executive.

To put that in context, imagine if the head of the Welsh Government civil service attended meetings of the National Assembly, was looking over the shoulder of the Presiding Officer, telling her who should and shouldn't speak, for how long and on what basis.

Although it's standard practice for senior officers to attend council meetings, that's how bad things have been in Carmarthenshire for many years. But don't worry, because they're the best local authority in Wales.

"At the end-a the day...."

Outfits from Debenhams....
(Pic : lightmasterstudios.co.uk)

This was my first experience of Carmarthenshire Council live. You can watch it for yourself here.

After a failed attempt by Cllr. Emlyn Dole (Plaid, Llannon) to – under CCC's constitution – remove Tim Kerr QC from proceedings, it moved on to statements on behalf of the WAO and Tim Kerr himself.

The auditor, Anthony Barrett, said "the law is very clear" that no funding can be provided for a counterclaim, there were failures in governance and procedure, and he called on CCC to withdraw the indemnity.

Tim Kerr QC – not as cheery as he was in Pembrokeshire, this was Serious Tim – repeated the assertions in his November 2013 legal advice (covered here).

That being :

• the WAO doesn't have an authoritative voice in law.
• the Welsh Governments 2006 Order didn't remove powers to indemnify officers under Section 111 of the Local Government Act 1972.
• CCC wasn't "a litigious council" because they were sued.
• there were no procedural flaws.

Cllr. Darren Price (Plaid, Gorslas) said officers failed to be cautious, adding that the public would expect someone earning £200k to fund legal proceedings themselves. He said guidance clearly prevents individuals undertaking legal proceedings,and that by ignoring it, CCC were questioning the legitimacy of Welsh Government. He posed the question - "Was it really worth it?"

Cllr. Sian Caiach (People First, Hengoed) argued that officers had been used as a proxy to undertake a libel case on behalf of the council through a legal loophole. This action undermined both free speech and the authority of the Welsh Government.

Council Leader, Kevin Madge (Lab, Garnant), tried to make a statement, but proceedings were interrupted as CCC invited Sunn O))) to perform an impromptu concert.

                              

After some bowel-loosening drone metal, he continued, saying he wanted to set up cross-party group to overview governance, led by the WLGA (aka. "Form a committee" - Welsh solution to everything).

Kevin was "appalled and disgusted by some of the things said about Mark James", and it was right - as an employer - to support him as part of their duty of care. The court judgement backed that decision, and only the courts can determine the interpretation of law with regard the legality of the indemnity.

Then the leader of the "Independents" - Cllr. Meryl Gravell (Ind, Trimsaran) – admonished the "disgraceful content on blogs", saying five defamatory blogs constituted "exceptional circumstances" (when it was later confirmed that "exceptional circumstances" has no clear cut definition and evolved from case law). She wagged fingers at people around the chamber, saying that it was all those who committed the grievous crime of speaking to the media who brought the council into disrepute.

Later, Cllr. Giles Morgan (Ind, Swiss Valley) – Martin Bell minus ethics – described the Thompson case as a "crusade against council officers", saying people who talk about the council as if they're down the pub are "reprehensible" (unless they're actually down the pub, I presume - or is that where CCCs lawyers are heading next?).

Though Giles did accept that Mark James should've left the meeting. Which....would render the process unlawful on its own. Which means having to accept the WAO report.

An impassioned speech from Cllr. Glynog Davies (Plaid, Quarter Bach) said the "plain English" guidance cautioned against awarding the indemnity and bans using funds to undertake a claim. The Executive Board say they didn't get independent legal advice because of their "knowledge of the blogger", and he asked whether the decision was morally correct?  Cllr. Linda Evans (Plaid, Llanfihangel-ar-Arth) asked if advice from the barrister representing Mark James – Adam Speker – counted as "independent advice"?

The answer to both questions was, of course, "yes".

CCC moved to "note" the report, suspend part of constitution relating to indemnity funding, and called for Welsh Government to clarify the law. As a result, there's an outside chance the WAO could take the council to the High Court.

The pensions and no-confidence debates were staid. However, it was broadly accepted CCC got things wrong - even by Meryl Gravell.

Cllr. Anthony Jones (Lab, Llandybie) said senior executive pay was "out of kilter" and immoral, calling for the Welsh Government to intervene and issue clear guidance. It's worth pointing out that the National Assembly's Public Accounts Committee are undertaking an inquiry into senior management pay.

Kevin Madge's broad defence was, "I was doing it all in good faith."

The no-confidence debate had something to do with bungalows and Debenhams. Also, it included one of the most bizarre statements I've ever heard - that Carmarthenshire was "unscathed by the recession". This report from the Wales Rural Obervatory (pdf) – sorry, Jac – indicates otherwise, with Carmarthenshire suffering relatively badly compared to other rural authorities.

Although the mother hens of the Independents looked as though they were "Waiting until Great Birham Wood to high Dunsinane Hill shall come against him", Kevin Madge et. al - as expected - saw off the no-confidence vote comfortably.

Plaid left with their tail tucked between their legs having "stood up for taxpayers", Labour-"Independents" rallied behind themselves, but ultimately CCC remains led by someone who can't command gravitas however decent, if misguided, a bloke he comes across as.

"Where seldom is heard a discouraging word"....

Mark James wasn't there in person, but he was in spirit.
(Pic : via photobucket)

Considering the finer points of law and statute, it's clear neither CCC or PCC did anything that was explicitly prohibited. Neither did Caerphilly Council either.

When you weigh up the sums of money involved, the lack of any reimbursement, disregard for normal procedure, the bloody mindedness of both authorities in the face of public criticism and most importantly of all - basic morality - they're guilty as sin. That often counts for more.

The reason Carmarthenshire has gone so far down this road is because small mistakes haven't been acknowledged properly or corrected, officers and senior councillors come to think they're always in the right, then the mistakes get bigger and bigger and bigger - what Pat Dodd Racher described on West Wales News Review as "a bubble of self-congratulation".

CCC had a golden opportunity to start its healing process by taking full accountability for what they did, but they fluffed the test.

If those at the top had done the decent thing and resigned, still co-operating with any cross-party investigation into procedures at the council, that would've been praiseworthy and honourable.

Instead, far from drawing a line under the matter, I suspect they've just made things worse.

If Gloucestershire Police and CPS decide there's a criminal case to go forward, CCC have just done something monumentally stupid. I'd also be surprised if Carmarthenshire survives local government reorganisation now, because they've publicly undermined the Welsh Government's authority.

We're talking about one of the largest local authorities in Wales effectively slipping into administrative anarchy by forming their own interpretation of Welsh Government guidance and orders, even when it's been made crystal clear that what CCC has done was contrary to them.

They've made AMs and MPs from all parties look like chumps. They blatantly disrespected Anthony Barrett and the Wales Audit Office. They've spat in Lesley Griffiths' coffee, farted in Carl Sargeant's face and kicked Carwyn Jones in the balls. They've made the National Assembly look like muscleless wonders and left a flaming bag of dog poo on the steps of Cathays Park.

The Welsh Government can either restore good order themselves by sending in more sheriffs, or they can let it go, giving other local authorities in Wales a green light to try the same thing in future.

Read More