1. Questions to the First Minister – in the Senedd on 17 April 2018.
6. How is the First Minister ensuring the transparency and accountability of information held by the Welsh Government? OAQ51975
The Welsh Government has followed the principles of openness in Government for many years. We comply with relevant legislation such as the Public Records Act 1958, data protection and freedom of information. We're also active in terms of both the open data agenda and the wider open Government agenda.
As a result of your altercation with Adam Price during FMQs on 30 January, I realised that if your Government was seeking correspondence details between Adam Price and Hywel Dda university health board, then you may have asked the same questions about me. Indeed, for all I know, you may be collating information about all opposition Members' correspondence with public sector bodies. And so, I put a subject access request into your Government on 31 January; 37 days later, I was asked for clarification, which I gave; and on 15 March, I was asked for further clarification—to what is essentially a very simple question, First Minister—and this I gave. I have heard nothing. Meanwhile, a local journalist put an FOI into the health board and got this answer:
'Hywel Dda university health board confirms that the information request from the Welsh Government made on 26 January 2018 was initially regarding Adam Price AM. However, upon acknowledgement of the information sent by the UHB on the same date, Welsh Government requested further information about the engagement activities regarding other MPs and AMs.'
So, a local journalist finds out from the health board that my communications have been shared with the Welsh Government, but the Welsh Government seem unable to give that information to me themselves, despite me being entitled to ask this. [Interruption.]
I can't hear Angela Burns because her fellow Members are shouting across her. Angela Burns.
Thank you. My point, Presiding Officer, is a local journalist can do an FOI on the health board and get the exact same information that I put a subject access request into your Government for at the end of January, and I still have absolutely nothing. So, an Assembly Member can't get their information from you, a journo can from the health board. Your Government is not transparent, is not accountable, and it makes me ask, 'What are you hiding?'
First of all, an FOI request is entirely separate to a Data Protection Act 1998 application, because subject access requests are far broader. They're bound to be. I have to say, Darren Millar sits there pompously, shouting 'disgrace', what does he think happens in Westminster? This is exactly what happens in Westminster. Theresa May, when she receives briefings, is—[Interruption.]
Please allow the First Minister to respond to the question.
Theresa May and other Ministers—. Theresa May and other Ministers receive briefing on a Member's interest in a question. That's normal. Plaid Cymru Ministers, as Simon Thomas will be able to tell you, did exactly the same when they were in Government. There's nothing sinister about it. When a Member asks a question, it is quite normal for research to be done on what the Member has said about it, and perhaps what correspondence there is in order for Ministers to answer the question properly. That's all that ever happens. It's exactly the same situation that has existed for many years—all the time since 1999, including for members of Plaid Cymru. There's nothing wrong with it, and this is the way things are done in Westminster. What are the Conservatives—? I know they haven't been in Government, but what do they think happens when an MP asks a question of a Minister? It is standard briefing for a Minister to be told what the MP has said in the past about it, and what correspondence there might be in order for the Minister to be fully informed. That's the way things have always operated both here and in Westminster. There's nothing sinister about it; in fact, it shows respect for the Members.
Comments by a former Cabinet Minister in your own Government today clearly suggest that what happened in my case was not a one-off aberration, as you previously argued, but part of a wider pattern—a smear machine whereby Government resources are being systematically misused to silence and intimidate critics, including people within your own party. And I have to say that, together with the news today of an attempt to intimidate this Parliament with legal action, clearly suggests a picture of a leadership culture within Welsh Government that is dedicated to crushing opposition, whatever the personal cost, and whatever the political cost in terms of public trust in our democratic institutions. My question is a very simple one, but perhaps it's best directed to the people behind you: at what point do we say enough is enough?
Well, I prefer to stay with the people of Wales. I didn't disappear to America; I stayed and I fought my case with the people of Wales. Why doesn't he speak to Simon Thomas, who will tell him—? [Interruption.]
You attack me personally on a question about personal attacks.
The First Minister—
You're attacking me again.
The First Minister is attempting to answer the question.
Ad hominem attacks.
The First Minister is attempting to answer the question. Please allow him to finish. [Interruption.] Allow him to finish, please.
Adam Price stood in this Chamber and just attacked me personally; he complains when he gets it back, but it's not one law for one and one law for the other. If he speaks to Simon Thomas, he will explain to him that this is quite normal—. [Interruption.] There is no control, Llywydd.
There is at least one party in this room that is being very quiet and listening to the First Minister. I want all political parties to allow the First Minister to finish his questions and answers.
The idea that Members are subject to a smear machine is complete and utter nonsense. [Interruption.] Well, look, if a Member stands up in the Chamber and attacks the First Minister, surely—.
Just let's get through this. Allow the First Minister to finish.
If a Member stands up in the Chamber and questions and attacks another Member, that Member is entitled to respond. There are no special cases in this Chamber. Surely, it's part of the debate within this Chamber. What I can assure Members on is that there's no smear machine—that is absolute nonsense, wholly untrue and has no basis in fact.
It is true to say, as I've said before, that where Members ask a question, then requests are made in terms of what a Member has said and what correspondence might be available in order to be able to assist the Minister with an answer. Plaid Cymru Ministers did exactly the same thing when they were in Government, and why? Well, it shows respects to Members. Surely, Ministers shouldn't go into questions without knowing anything about what the Member has said about a particular issue.