Lining the pockets of lawyers... Only in Wales?

The Welsh Assembly Government spent more than £3.8m on external legal advice in one year, according to figures revealed yesterday.

The biggest spending department on advice in 2008 was health and social services, which was responsible for £1,812,366, followed by economy and transport with £1,132,049.

Conservative Assembly leader Nick Bourne said he was “staggered” by the costs.

A further £319,086 was spent on hospitality – £210,844 by economy and transport.

In addition, furniture costs reached £690,497 – of which £685,636 was spent by central administration.

Mr Bourne said:

I am staggered that the Assembly Government has spent vast sums of taxpayers’ money on legal advice, hospitality and furniture.

It is particularly concerning that [the] Assembly Government incurred a total of £3,881,206 on external legal advice when they already have a sizeable team of legal advisers on the books.

With Wales in the grip of the recession and when people were expected to tighten their belts, it is also worrying that the Assembly Government seemed to think it appropriate to splash out hundreds of thousands of pounds on wining and dining.

Kirsty Williams, leader of the Welsh Liberal Democrats, said:

It is absolutely astounding that the Labour-Plaid government spent nearly £4m on external legal advice last year.

At the time, the Government’s chief legal adviser was Carwyn Jones, a fully-qualified barrister who is now the First Minister of Wales.

Matthew Elliott, chief executive of the TaxPayers’ Alliance, said:

This is an astonishing bill, particularly at a time when the public
finances are severely overstretched.

The [Assembly Government] already employs internal legal advisers, which
makes it even worse that they have duplicated that cost by bringing people in
from outside as well.

An Assembly Government spokesperson said:

Our internal legal service is primarily focused on advising ministers on
the discharge of their statutory functions and on the delivery – including
drafting – of the legislative programme.

External legal advice is used to support the Assembly Government in
non-core legal areas, including commercial, property, corporate finance and
employment law.

Clearly, as a sizeable landowner, or when engaged in commercial
negotiations, it is essential that we receive suitable legal support to ensure
the best outcome for the Welsh taxpayer.

In addition, we do not employ an in-house litigation team, and therefore
need to ensure effective legal representation on issues arising from our
responsibilities as a highways authority, or to assist in the legal affairs of
the NHS – for example, when dealing with clinical negligence cases.

We have very strict rules in place to ensure such expenditure is kept to a
minimum and only incurred where absolutely necessary and with proper authorisation.

COUGH!!!

You couldn't make it up: it burgers belief

A man has spoken of his relief after a charge of criminal damage to two beef burgers was dropped by magistrates.

Stephen Morgan, of Loughor, Swansea, was first arrested for robbery after complaining about the late arrival of two burgers with a pizza order.

His solicitor said Mr Morgan faced 20 hours of police questioning which led to a charge of criminal damage and later claims of breach of the peace.

Security worker Mr Morgan, said: "I'm just glad sanity has prevailed."

His solicitor branded the episode "a waste of public money" after a brief hearing in court.

Series of Events

1. He ordered the beef burgers, worth £5, as part of a takeaway supper from a pizza outlet on 10 October.


2. When the order, from Pepino's Pizza parlour in nearby Gorseinon, arrived without the burgers, Mr Morgan complained.


3. He was told that the missing meal would be sent right over but when they failed to arrive he asked for a refund which he says the company agreed to.


4. However, the burgers arrived shortly after but Mr Morgan, who had already eaten, immediately rejected them.


5. Instead he insisted on £15 compensation for his trouble, which he was paid, and the burgers were discarded.


6. A four-man police team arrived several hours later and arrested him for robbery. He was then led from his home in handcuffs.
   

His solicitor, David Singh, said the case, which he said "must have cost a couple of thousand pounds at least" should never have come to court.

He said: "He was arrested by four policeman at home and then spent 20 hours in custody being questioned and giving statements.

"There was a brief hearing last week when the case was reviewed and that was re-reviewed at the weekend by lawyers before the case against him was dropped.

"It started off with him being arrested for robbery, from robbery he was charged with criminal damage then they tried to allege a breach of the peace, now it's zero.

Mr Singh said the company's compensation policy of giving the food for free meant the burgers by that time belonged to his client.

Mr Morgan said: "I have just started a security business training dogs for the police and the army out in Afghanistan.

"I have had a lot of backing and government contracts and if I had got a criminal record I would have lost my licence to operate.

"It's just a relief it is all over."

Nobody from Pepino's Pizza was available for comment.

But a spokesman for the company had previously told the South Wales Evening Post that customers who got the wrong food got their money back, and free food.

"We have a good reputation. Out of 2,000 people who eat here, 1,999 are happy," he added.

When Sugar doesn't taste so sweet

Tim Montgomerie posts on a sour Sugar:

Alan Sugar is a prat. He's a dipstick. He's a wally. (As well as not having an enormous intellect).

Roger Alton, Matthew d’Ancona, Liz Anderson, Martin Bright, Jeremy Clarke, Nick Cohen, Nicholas Coleridge, Lloyd Evans, James Forsyth, Julia Hobsbawm, Rachel Johnson, Dylan Jones, Mary Killen, India Knight, Rod Liddle, John Micklethwait, Fraser Nelson, Matthew Parris, Stephen Pollard, Hugo Rifkind, Andrew Roberts, Alan Rusbridger, Sebastian Shakespeare, Paul Staines, Sarah Standing, Mary Wakefield and Toby Young have written this letter to The Spectator in protest at Lord Sugar's threat to sue The Daily Mail's Quentin Letts for calling him a ‘telly peer’ who ‘doesn’t seem to have an enormous intellect’.

One of the letter's signatories, Matthew Parris, has gone further still in today's Times:

"This is outrageous. What a prat. What a dipstick. What a wally. Alan Sugar is threatening to sue my former fellow-sketchwriter, Quentin Letts. A letter to The
Spectator this week, to which I have just added my name, protests that the libel
lawyers Herbert Smith have written to Mr Letts complaining that on LBC radio he
called their client a telly peer who doesn’t seem to have an enormous intellect; and that a writ will follow unless he pays Lord Sugar’s legal costs to date, donates an undisclosed sum to charity and gives a written undertaking never to criticise their client again. Find me a bucket, I feel sick. This from a delicate flower who has made his media career verbally humiliating people."

Matthew Parris at his best. Read his full column here.

Complex office relationships

An acquaintance passed an internal journal to me pointing out this piece of legal advice from a submitted question [true story]. Makes you think!

Q. My manager has just told me I am to lose my job. I think this may be because I have been having an affair with one of my colleagues (although this has now ended). Please can you explain my rights?

A. If your employer sacks you because of the affair and you have worked for them at least a year, you may be able to raise a compliant of unfair dismissal with an employment tribunal.

If your affair was with a member of the opposite sex and only one of you is being asked to leave, you may also have grounds for a sex discrimination claim. This can be brought regardless of how long you have worked for your employer.

You may also make a claim if your affair was with a member of the same sex and there is evidence your dismissal was related to your sexual orientation.

If the relationship ended badly make sure bad feelings do not spill over into your working relationship, otherwise you could find yourself accused of sexual harassment or discrimination. This is a particular risk if you are in a position of seniority over your colleague. Either way, your employer will have to follow a proper disciplinary procedure, giving you a right to appeal, before they can dismiss you.

[Pippa Wagstaff is currently on a blogging break]

Anniversary

Today is my blogging anniversary or birthday

12 months
330 posts
368 labels

63,102 hits
2,556 Facebook friends before disablement
5 awards
3 bans

5 offers of coffee by the bay
2 threats of legal action

1 offer of dinner
1 offer of marriage

and countless cases of abuse and sexual harassment

Whoever said blogging is dull?

National Assembly for Wales Survey Results

I must say that I was alarmed (not) by the Assembly's positive spin in their statement "One of the most comprehensive surveys undertaken in Wales to gauge public understanding of the Principality’s political landscape has shown that 70% of people want Wales to have either full or partial devolution."

Lib Dem Commissioner in the Assembly, Peter Black AM has provided us with a full account:

The Assembly Commission has just published the results of the most comprehensive survey undertaken in Wales to gauge public understanding of the nation’s political landscape.

The survey was commissioned by the National Assembly for Wales and carried out by Aberystwyth University's Institute of Welsh Politics in collaboration with GfKNOP. It involved questioning over 2,500 people in June and July 2008.

When questioned, the majority of respondents (39%) wanted Wales to remain part of the UK but to have its own elected Parliament with full law-making and taxation powers. 31% of the people questioned wanted the Assembly to retain its current level of powers and 10% wanted Wales to become a fully independent nation.

Of the remaining respondents, 15% wanted to return to the pre-devolution status and 6% expressed a ‘don’t know’ opinion.The survey indicated that this preferred constitutional status was based on a robust level of political understanding among respondents. When asked to identify the scope of the National Assembly for Wales’ law-making powers, 77% correctly identified that it “has powers to make laws in a number of areas, and these can be expanded with the agreement of the UK parliament’.

The survey also indicated that there is an increasing homogenisation of opinion and understanding across Wales. Previous surveys had seen variations in levels of support across various regions. However, the National Assembly for Wales survey indicated that there was more consistency in people’s aspirations towards devolution across the country, and aligned to this was a greater consistency in levels of understanding. (There was a modest regional difference in understanding across Wales on the Welsh Assembly’s law-making powers, with 72% of people in North Wales giving the correct answer, compared to 83% in South East Wales.)

However, the survey also indicated that many Welsh citizens are unclear about the distinction between the National Assembly for Wales and the Welsh Assembly Government, with 52% admitting that they know only “a little” about the National Assembly for Wales.

I was particularly intriqued by the question which sought to determine how people get their information about the Assembly and Welsh politics. In percentage terms this is summarised as follows:

TV News (87%)
Friends, family and word of mouth (66%)
Local newspapers (64%)
British newspapers (56%)
National Welsh newspapers, Western Mail and Daily Post (39%)
BBC Radio, such as Radio 4 and 5Live (42%)
The Internet (37%)
Radio Wales/Radio Cymru (36%)
Commercial Radio News (23%)

Note the relatively high score for the internet. The breakdown of which daily newspapers the respondents rely on for news is also interesting:

Daily Mail (named by 12.8% of all survey respondents)
Daily Mirror (9.5%)
The Sun (9.1%)
Western Mail (6.3%)
South Wales Echo (5.0%)
Daily Telegraph (4.8%)
The Times (4.3%)
Daily Express (4.2%)
Daily Post (3.6%)
South Wales Evening Post (3.5%)
The Guardian (3.2%)
South Wales Argus (2.8%)
The Independent (2.0%)
Daily Star (1.7%)
Evening Leader (1.5%)
Wrexham Evening Leader (0.9%)

The Western Mail confirms its position as the pre-dominant Welsh newspaper even if its circulation is lower than more local offerings such as the South Wales Echo and the Evening Post. Top of the heap though is the Daily Mail. What is that all about?

Welsh 'laws': Quality, not quantity needed

Both the BBC and the Wales Online have run stories today about the concerns of Welsh MPs when it comes to legislative proposals from the National Assembly.

The Welsh Affairs select committee say 11 proposed legislative competence orders (LCOs) risk swamping the system, when they expected only four or five.

The assembly's limited powers for more laws, under review by Welsh Secretary Paul Murphy, must win the MPs' backing.

It warns of a “logjam” and says the Assembly and the Wales Office should aim to produce “a reasonable number of high-quality Orders each year rather than allowing volume to swamp the system here and in the Assembly as seems to be happening at the moment”.

It seems the underlying message is QUALITY not QUANTITY when it comes to the Assembly's proposals.

Christopher Glamorganshire: What a price to pay for freedom of speech

I'm running late with this story. You mustn't blame me as I'm busy packing for the big move this weekend and have taken a back seat from blogging for a short while - still managing the odd post as I review the papers.

It seems that 'Christopher Glamorganshire' was sacked from the Welsh Assembly Government civil service for blogging. I'm not familiar with the blog but have seen a link to 'Glamorganshire' on the blogs of many others. Sadly, it no longer allows you access.

A few months ago there was a rumour about a Welsh Civil Servant having been sacked, and comments of that nature were even made on this blog. I've noticed that there seems to be a healthy community spirit in the blogging community and a number of compliments have been made today, with the following among them:

• "funny", "well written", "not at all offensive"
• "Of course there are issues of confidentiality and lines that must not be crossed, but I can't remember a post by Christopher that was either revealing or controversial, certainly nothing that would appear to justify his dismissal from public service"
• “Clearly, if his contract of employment said he was not allowed to blog, he doesn’t have much of a case. But if it is simply a question of supposedly contravening the code, I think sacking him is very harsh and heavy handed.”

It seems that either these known and respected Welsh bloggers are wrong in their assessment of 'Glamorganshire' or the Welsh Assembly Government has grossly overreacted, leaving the individual to resort to an Employment Tribunal in order to obtain justice.

This all seems unfair to me, but best of luck to you 'Christopher'. Like any large organisation, the Assembly Government will - without a shadow of doubt - put their whole legal team behind the case, and solicitors are costly, so I fear that you'll need more than fair play, luck, and common sense on your side.

Here is the full article from today's Western Mail:

AN Assembly Government civil servant who was sacked for running a political blog is taking his case to an Employment Tribunal.

Last night a former AM who himself is a regular blogger said he found the decision to dismiss the civil servant “heavy handed”.

The former Assembly Government employee, whose real name has not been disclosed but who ran a blog called Christopher Glamorganshire, provided what readers saw as a neutral running commentary on last year’s coalition negotiations involving Labour and Plaid Cymru.

An Assembly Government spokesman said:

This issue regards a former Welsh Assembly Government employee who was dismissed for activities related to the Glamorganshire Blog that contravened the Civil Service Code. The case went to the Civil Service Appeals Board, which we won, and it is listed for Employment Tribunal in Cardiff later this year.

It is understood the elements of the Civil Service Code regarded by the Assembly Government as relevant to the case come under sections headed “integrity” and “rights and responsibilities”.

Under integrity, the relevant clauses read: “You must always act in a way that is professional and that deserves and retains the confidence of all those with whom you have dealings,” and: “You must not misuse your official position, for example by using information acquired in the course of your official duties to further your private interests or those of others.”

Under rights and responsibilities, the clause considered to have been broken states: “This Code is part of the contractual relationship between you and your employer. It sets out the high standards of behaviour expected of you which follow from your position in public and national life as a civil servant. You can take pride in living up to these values.”

Last night former Conservative AM Glyn Davies, a regular blogger, said:

The Christopher Glamorganshire blog was on my list of ‘my favourites’. It seemed to me to be written in a sensible and rational manner. Clearly, if his contract of employment said he was not allowed to blog, he doesn’t have much of a case.

But if it is simply a question of supposedly contravening the code, I think sacking him is very harsh and heavy handed.

This all smacks of the heavy hand of the state.

Homegrown NHS law and badge recognition

Would be silly of me to let this day end without mentioning a further landmark in the future of Wales

The first piece of Welsh legislation in modern times is poised to become law.

Under the Government of Wales Act, the Welsh assembly gained powers to make legislation in some areas without permission from Westminster.

The NHS Redress Measure is set to be approved by the Queen, making it easier and quicker to claim compensation after negligent treatment by the Welsh NHS.

The legislation will also carry the Welsh coat of arms, or Royal Badge of Wales, for the first time.
This will be the first measure, or Welsh law, to complete the process. The Royal Badge of Wales will also appear on all future Welsh laws. It is based on the arms of the native princes of Wales, dating back to the 13th Century, and designed by the Garter King of Arms, Peter Gwynne-Jones.

U-turn on NHS violence law

The Ministry of Justice has reversed a decision to exclude Wales from a new law offering hospital workers extra legal protection against violence.

Welsh Assembly Government ministers had initially said there was no need for the law in Wales. The assembly government had told the Ministry of Justice it would set up its own policies to protect staff, although it does not have the power to change criminal law. But this prompted an outcry from Labour MPs and crossbench peer Baroness Finlay of Llandaff.

The assembly government will have a say in how the new law works in Welsh hospitals. Full story HERE.

National Assembly needs to do its homework

Wearing his other hat as part-time Secretary of State for Wales, Peter Hain MP, was in the chamber of the Senedd yesterday afternoon to address the Assembly on the Queen's Speech.

Mr Hain rejected claims Westminster was blocking some proposals, but said it should be able to "probe their basis".

Addressing the assembly on the Queen's Speech, he also insisted it would be "disastrous" to lose a referendum on law-making powers for Wales.

Mr Hain said he backed the Labour-Plaid coalition but building consensus on powers would "take time". Plans for a referendum on assembly powers are central to the One Wales deal which formed the basis of the coalition between the two parties after the election.

Calling for a "mature relationship between Wales and Westminster", Mr Hain said:

Parliament cannot rubber stamp or let anything through 'on the nod'... We have no desire to meddle in future policy developments, which are the prerogative of the Welsh Assembly Government and the assembly... But it is an important principle that Parliament and Whitehall departments are allowed to probe the basis of legislative requests, and that in doing so are not presented as 'unreasonable' or 'obstructive.

This must have felt like a personal message for Children, Education, Lifelong Learning & Skills Minister, Jane Hutt AM, who was Minister for Business 2005-07, and should know better. This left me with the thought that there was an underlying message of, "DO YOUR HOMEWORK"

Fundamental flaws found in drawing up a new law

Fundamental flaws have been identified with one of the Welsh Assembly Government's first attempts at drawing up a new law as reported by the BBC.

Under the 2006 Government of Wales Act, Wales-only legislation can be created in certain devolved areas. But a scrutiny committee has found a number of problems with proposals for legislation to improve travel to schools and further education. These include a basic lack of powers over key issues, such as seat belts. The Enterprise and Learning Committee's scrutiny report found the new law, known as an assembly measure, would be powerless with regard to vehicle standards, seating arrangements or seatbelts. The committee also found inadequacies over codes of conduct.

In order to plug the gap the Assembly Government will present more detailed proposals in the new year. But if it fails to request enough powers to plug the gap, the committee has said it may consider bringing forward its own request for extra powers from Westminster. It wants the Assembly Government to give further consideration to the code of conduct, including to the issue of who will be covered by it. The committee also wants the assembly government to give further consideration to the possibility of staggering the opening and closing times of schools.

In recent months I've been notified of the first recruitment of legal trainees for solicitor's Training Contracts, having been advertised by the Welsh Assembly Government on its website. With an emphasis on providing opportunities for trainees, the real need lies in a demand for more experienced staff. As I've been led to understand, the Legal Services Department of the Assembly Government is vast in numbers and should be equipped to tackle any legal proposal before a problem arises at committee level. If it feels that they haven't got the manpower or expertise, they've the backing of the UK Government Legal Service (GLS) with their expert knowledge in drafting legislation for Westminster. At this stage of devolution there's no time to be too proud in asking for assistance.

On 22 October 2007 the Welsh Assembly Government made an announcement that Professor Thomas Glyn Watkin had been appointed as the First Welsh Legislative Counsel. Professor Watkin is an eminent man and as I understand, made sacrifices to become Counsel. The Welsh Assembly Government are very fortunate to have him in their employment, and on talking to someone in the Legal Services Department, I've been informed that he was actually appointed in April 2007 and has a token number of staff to call upon.

This just doesn't bode well for the future and will inevitably slow up procedure if it continues.