CARWYN ‘MUST NOT BE HIS OWN JUDGE AND JURY’:
FIRST Minister Carwyn Jones is facing demands that he must not be his own “judge and jury” when it comes to deciding whether or not he broke the ministerial code and misled the Assembly.
Welsh Conservatives want a “special inquiry” into his “knowledge and handling of alleged bullying within his own office”.
The party also wants him to follow the 2012 example of former Scottish First Minister Alex Salmond and appoint an independent figure to examine whether he has broken the code.
Plaid Cymru argues it is “not right” for Mr Jones to be “judge and jury when it comes to claims made against him” and argues that an “independent adjudicator” is needed.
The Welsh Labour leader has been under mounting pressure in the wake of the death of Communities and Children Secretary Carl Sargeant. Mr Jones sacked him from the cabinet this month on the grounds that allegations had been received about his personal conduct.
Former Education Minister Leighton Andrews responded to Mr Sargeant’s passing by saying there had been a “toxic” atmosphere on the Assembly’s ministerial floor featuring “minor bullying, mind-games, power-games”. He was backed up by former Welsh Government special adviser Steve Jones.
The Conservatives want an emergency meeting of the cross-party First Minister Scrutiny Committee to investigate whether or not he misled AMs about bullying.
In 2014, Clwyd West Conservative AM Darren Millar asked Mr Jones if he had “ever received any reports or been made aware of any allegations of bullying by special and/or specialist advisers”.
Mr Jones stated in response in a written answer dated November 11: “No allegations have been made.”
Calling for the First Minister Scrutiny Committee to convene at the earliest opportunity to conduct an inquiry, Conservative Assembly leader Andrew RT Davies said: “The First Minister has now had innumerable opportunities to set the record straight over what he knew... His silence on this issue shows a con- tempt for Assembly Members, the Welsh public, and democracy.
“Misleading Assembly Members is an offence worthy of dismissal under the Ministerial Code but as the sole arbiter of this code it is unlikely the First Minister will dismiss himself. Welsh Conservatives are therefore moved to invite Members from across party divides to back our calls to bring the First Minister before a panel of Assembly Members to properly explain himself and, if necessary, take steps to hold his actions to account.
“A healthy democracy cannot tolerate leaders who run from scrutiny.”
A Welsh Government spokesman said: “The First Minister has been absolutely clear that he stands by his 2014 response and that any other issues raised directly with him at that time were dealt with appropriately. Should anyone wish to make a formal complaint, either historic or current, they are encouraged to do so through the offices of the Permanent Secretary or First Minister.”
When Mr Jones was asked yesterday whether he had misled the Assembly, he said: “Absolutely not.”
And when asked if he had acted within the ministerial code, he said: “Absolutely, at all times.”
Former Rhondda AM Mr Andrews described in his online article how he had raised concerns with the First Minister but the precise dates and details of the complaints have not been made public.
Rhun ap Iorwerth, Plaid Cymru’s chief whip, said: “[There] is a strong case for strengthening the ministerial code. At present, the code is effectively regulated by the First Minister himself.
“It is therefore simply not right for him to be judge and jury when it comes to claims made against him. That is why Plaid Cymru wants to see the appointment of an independent adjudicator to examine alleged breaches of the ministerial code.
“This is a call we first made back in 2014... The pursuit of justice is paramount.
“A system along these lines is already in operation in Scotland where the previous Scottish First Minister faced robust and independent scrutiny. As part of these proposals, Plaid Cymru also believes that the ministerial code itself should be laid before the Assembly and scrutinised to ensure that it remains fit for purpose.
“Our goal is to create a healthier Welsh democracy, treating all ministers in an equal way without fear of favour.”
Peter Black, who was a Liberal Democrat AM from 1999 to 2016 and served on the Assembly Commission, the body responsible for running the institution, was adamant that Mr Jones should not be responsible for deciding whether or not he had breached the code.
He said: “When we had a Liberal Democrat group in the Assembly we took the view that the ministerial code should be administered separately from the First Minister, either by the Standards Commissioner himself or by somebody independent because we felt it wasn’t right that whenever a complaint came in about the minister, or even the First Minister, that it was the First Minister who adjudicated on that...
“Absolutely, in this particular case the First Minister should be referring [himself ] to someone independent and I think he should be ensuring that any future complaint against ministers under the ministerial code should be dealt with by the Standards Commissioner or some other independent body.”
The ministerial code sets out the central role for the First Minister in determining whether someone has broken it.
It states: “Ministers only remain in office for so long as they retain the confidence of the First Minister. The First Minister is the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences of a breach of those standards.”