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The budget, libel indemnities and pantomimes

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Budget

The council’s latest budget consultation is currently circulating in cyberspace with the response deadline for next Tuesday. This time it’s all been a bit rushed, the fault of the Welsh Labour government, or the UK government, or pandemics and brexit, anything other than Carmarthenshire Council of course. 

They did have time, however, to put a couple of patronising videos together, including one explaining the difference between the revenue and the capital budget, though not one to explain why they were in £432m in debt, costing £20m a year in interest, due to rise exponentially as Emlyn Dole ploughs on relentlessly with the Wellness Fantasy.

Filling in the survey requires extensive deciphering of the proposals, sifting through the mystifying assortment of rationalisations, remodelling, right-sizing and reviewing, collectively known as 'cuts'. Then you are asked to give your view, on all of it....or none of it, because you’ve probably given up by now.

Budgets are always an opportunity to score a few points, from both sides of the divide. Previously, keen observers and bloggers could spot the few, obviously unpopular red herrings popped into the ‘proposals’ which would be miraculously, and loudly dropped by the Exec Board in a press release a week before the Council approved the budget. 

Pretending they were going to close the respite centres for profoundly disabled children came up a few years running, a particularly cruel game. They could then claim to have ‘listened’, despite the obvious fact that it was all staged.

This year’s syrupy nonsense was the 'massive' reduction in the council tax rise of slightly less than half a percent, from 4.9 to 4.48. This magnanimous proposal was stage managed for Emlyn who then proceeded to say, in the inevitable press release,  "The coronavirus pandemic has wreaked personal and financial havoc on our county, and the good people of Carmarthenshire have paid a huge price...I propose reducing the proposed Council Tax increase to 4.48 per cent to give the people of Carmarthenshire the support that they so rightly deserve"
Big help Emlyn. 

In Rhondda Cynon Taf the increase is 2.65%, Bridgend 3.9% and Neath Port Talbot 3.75%.
As for Covid related costs, the Welsh Government has reimbursed this council £18m, around 96%, so far.
Meanwhile, Carmarthenshire's council/social housing rents will increase by 1.5%.

Of course Emlyn 'two barns' Dole has experienced less in the way of financial havoc, boosting his monthly £4120.83 with penny pinching claims for fuel, and hosting punters from across a Covid riddled UK to bathe in his luxury hot tub. Ewww.
Emlyn’s involvement in the Mark James Wellness scandal has yet to be determined. And the roles of James' seconds in command, Wendy Walters and Linda Rees Jones come to that.
Such a tangled web.

Incidentally, calls from the Llanelli Chamber of Commerce for local firms to be given the chance to operate the site, rather than one big company have been deflected by Dole who said the tender process is about to start (he means 'start again' given that the last tender process is still being investigated by the organised crime squad) and commercial confidentiality must be observed. In other words, sod off. 

Despite £12.5m of proposed cuts on the horizon for the next couple of years, over a million quid is being spent sprucing up County Hall, including new carpets, (they did get very lumpy during the James regime) and a new ‘head of regeneration’ is being appointed at £96k per annum. This unnecessary example of a non-job for the boys/girls is just about covered by slashing a proposed £100k from the children and educational psychology service.

The Labour opposition are busy needling Emlyn and co over the million quid to be ‘saved’, vaguely, from schools. Many of which are struggling with finances. As I mentioned back in November, two are up for closure, including Mynyddygarreg near Kidwelly, a proposal which is drawing considerable opposition, and calls to extend the consultation period. It's seen as little unfair to consult when people are somewhat distracted by a global pandemic. More cash is set to be ‘saved’, and jobs lost, by, for instance, centralising school kitchens.

One problem is the language of smoke and mirrors adopted so seamlessly by Plaid, and officers alike. It was sad and pathetic to see Plaid Executive Member Dai Jenkins tell Labour Leader Rob James, unconvincingly, that no they weren’t closing schools, they were, erm, ‘rationalising’ them. What nonsense.
The Director of Education, Gareth Morgans, took the award for ridiculous corporate crapspeak though by admitting they were looking at the ‘primary school footprint’ and ‘investing in a system that’s probably more sustainable in the future’. Cuts and closures are fine as long as you can shoe horn in the word ‘sustainable’. And ‘footprint’. At £130,000 a year, he should be an expert at that.

Anyway the annual budget saga will run its course over the next few weeks.

Unlawful libel indemnities

One huge potential price for the good people of Carmarthenshire which bothers neither Emlyn nor the Director of Corporate Services, Chris Moore is preserving the ability to sue the public if they say something out of turn. As I mentioned here, last October the unlawful clause was merely shifted from one part of the constitution to another.

As I have also mentioned Mark James, Legal Linda, and Emlyn Dole have insisted that this power was not only lawful but quite necessary. Desperate to defend the indefensible. Ms Rees Jones had told me this repeatedly and pleaded with the Auditor General to give his blessing to reinstatement. Emlyn even wanted the provision to be extended to cover himself. The Auditor General was having none of it. Neither was I.

The Executive now has the power to use public money to sue on behalf of a senior officer. Interestingly the ‘new clause’ mentions the libel indemnity provision without specifying if it is for making a claim or defending one. The latter is allowed under certain circumstances, the former is not. Anyone can sue, of course, but with their own money, not the tax payers.

I wrote to the Audit Office back in November about this shifting, sinister clause, and had a reply earlier this week, reproduced in full below (with my emphasis). 
Despite the very careful wording it is clear that the AG has not changed his view. Far from it. If the council interpret the clause as a green light to sue (which is the intention), there will be trouble.

Whether any of them would be daft enough to sue, Mark James style, again, is doubtful and it’s remarkable that head of legal Linda Rees Jones, who has been spouting deliberately misleading and illegal ‘advice’, to councillors and courts for years, is still in post. Mark James left her to it, of course, and ran off with the loot.

Dear Mrs Thompson,

The Auditor General, Adrian Crompton, has asked me to thank you for your email of 10 November 2020 concerning Carmarthenshire Council’s inclusion of provision in its constitution in respect of indemnities for libel actions. We appreciate you drawing this to our attention.

We have given this situation careful consideration and note that the new provision in 3.1 of the constitution does not explicitly concern indemnities for officers making claims or counterclaims for libel. While, in isolation, the provision could be read as enabling the indemnification of an officer making such a claim or counterclaim (as opposed to indemnification for defence of libel claims), such an interpretation would, in our view, not be correct. We consider that the Local Authorities (Indemnities for Members and Officers) (Wales) Order 2006 still renders providing indemnity for making a claim or counterclaim for libel unlawful.

Please note that it is not within our functions to provide you with legal advice. The views above do not constitute legal advice, and you should not seek to rely on them as such advice.

The Auditor General has already written to the Council requesting that it informs him of any intention to indemnify an officer making a claim or counterclaim for libel. He has reminded the Council of his power to apply for judicial review in respect of a decision which could reasonably be believed to have an effect on the accounts of the Council. I and other members of the audit team are also keeping the situation under review.

Yours sincerely,

Ann-Marie Harkin

Cyfarwyddwr || Director

          Audit Wales 

 

Pantomime

I was amused to see that the council are asking for views over a name change for The Miners Theatre in Ammanford. With little else, clearly, to occupy their minds they want it to be one word, like the other two theatres, the Lyric, or Ffwrnes so are suggesting 'Glowyr', which means miners.

My amusement was not with that, but because it reminded me of a public vote some years back to pick a name (out of a shortlist) for Ffwrnes. It emerged, after the new name was announced, that it was not the actual vote winner but, in fact, the one preferred by county hall.

As a diligent blogger I recounted this silly farce, suggesting that the Council top brass should put on a pantomime at the said theatre. I politely suggested that Meryl Gravell would make an ideal Widow Twanky, and Mark James would be perfect as Pinocchio, and hoped, as Returning Officer he would take the results of a vote a little more seriously.

Moving forward a year or so and Mark James was suddenly offended, and dear old Pinocchio appeared in his libel counterclaim.

His lawyers claimed that my remark had the innuendo meaning that he was untrustworthy in his role as election Retuning Officer and couldn’t be trusted to give out the correct result.

Unfortunately that blogpost had to be consigned to legally enforced oblivion.

Although I can’t comment, legally, on his integrity as returning officer, I can vouch for the fact he’s a dishonest crook and a born liar.

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