Please read this earlier post for background; Those unlawful libel clauses - a call to arms
I understand that a meeting of the council's Constitutional Review Working Group (CRWG) was held earlier today. On the agenda was an Item on those infamous and unlawful libel indemnity clauses in the council's constitution.
The matter had been raised, I understand, by the leader of the Labour group Rob James who was pushing for some sort of decision as to what the administration intended to do, it was his express intention for them to be removed completely, rather than remain as 'suspended' for yet another four years.
It seems that the Plaid and Independent majority on the group, including Emlyn Dole, out-manoeuvred the three Labour members and resolved to write to the Wales Audit Office to ask if they could, legally, reinstate the clauses, on the basis that they consider them to be lawful.
If this is indeed the case, and I have asked Plaid politicians Jonathan Edwards MP and Adam Price AM to confirm Plaid's stance, then it is astonishing.
In 2014 the same Plaid councillors voted to accept the Wales Audit Office libel indemnity report which declared that it was unlawful for officers to be publicly funded to bring defamation claims, and, in fact, legislation expressly prohibited it anyway. At that time it was the Labour and Independents who voted just to 'note' the report and suspend the clauses.
All to save the skin of Mark James and Legal Linda who have refused to accept the findings.
They have claimed that the provision is lawful under case law and the vague powers under the Local Government Act of 1972.
Neither the case law, which in fact does not support such action, nor the LGA 1972 override the express prohibition in the Indemnities Order of 2006.
The about-turn of Plaid 'in-power', particularly Emlyn Dole is shocking and prior to today he has informed me that he now considers the clauses to be lawful. Anyone would think he owed his position to the, erm, generosity of Mark James...
I have written many times about these clauses and the sinister, chilling effect that the provision has on critics and the press alike. I will not repeat it all again here. A senior officer can still sue of course, like anyone else, but must use their own money, apart from in Carmarthenshire.
I find it remarkable that Plaid Cymru are apparently considering such an illiberal, unlawful and anti-democratic step.
If they are seriously going to try and do this then of course there is a lengthy process to follow. The response from the Wales Audit Office will eventually turn up on the agenda of a CRWG meeting, a recommendation will then be made which will, in turn, go to full council. It will run and run.
CRWG could have voted today to remove them completely and recommended this to the next meeting of full council.
It seems they did the exact opposite.
Carmarthenshire Council remains the only council in the UK to have this notorious provision in its constitution, it should be an embarrassment to them all. The failure to remove the clauses, and now, apparently, to seek reinstatement, shows the length they will go to protect the illegal actions of the chief executive and Monitoring Officer.
I understand that a meeting of the council's Constitutional Review Working Group (CRWG) was held earlier today. On the agenda was an Item on those infamous and unlawful libel indemnity clauses in the council's constitution.
The matter had been raised, I understand, by the leader of the Labour group Rob James who was pushing for some sort of decision as to what the administration intended to do, it was his express intention for them to be removed completely, rather than remain as 'suspended' for yet another four years.
It seems that the Plaid and Independent majority on the group, including Emlyn Dole, out-manoeuvred the three Labour members and resolved to write to the Wales Audit Office to ask if they could, legally, reinstate the clauses, on the basis that they consider them to be lawful.
If this is indeed the case, and I have asked Plaid politicians Jonathan Edwards MP and Adam Price AM to confirm Plaid's stance, then it is astonishing.
In 2014 the same Plaid councillors voted to accept the Wales Audit Office libel indemnity report which declared that it was unlawful for officers to be publicly funded to bring defamation claims, and, in fact, legislation expressly prohibited it anyway. At that time it was the Labour and Independents who voted just to 'note' the report and suspend the clauses.
All to save the skin of Mark James and Legal Linda who have refused to accept the findings.
They have claimed that the provision is lawful under case law and the vague powers under the Local Government Act of 1972.
Neither the case law, which in fact does not support such action, nor the LGA 1972 override the express prohibition in the Indemnities Order of 2006.
The about-turn of Plaid 'in-power', particularly Emlyn Dole is shocking and prior to today he has informed me that he now considers the clauses to be lawful. Anyone would think he owed his position to the, erm, generosity of Mark James...
I have written many times about these clauses and the sinister, chilling effect that the provision has on critics and the press alike. I will not repeat it all again here. A senior officer can still sue of course, like anyone else, but must use their own money, apart from in Carmarthenshire.
I find it remarkable that Plaid Cymru are apparently considering such an illiberal, unlawful and anti-democratic step.
If they are seriously going to try and do this then of course there is a lengthy process to follow. The response from the Wales Audit Office will eventually turn up on the agenda of a CRWG meeting, a recommendation will then be made which will, in turn, go to full council. It will run and run.
CRWG could have voted today to remove them completely and recommended this to the next meeting of full council.
It seems they did the exact opposite.
Carmarthenshire Council remains the only council in the UK to have this notorious provision in its constitution, it should be an embarrassment to them all. The failure to remove the clauses, and now, apparently, to seek reinstatement, shows the length they will go to protect the illegal actions of the chief executive and Monitoring Officer.
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