The High Court’s decision regarding the inquiry into the dismissal of Carl Sargeant

Part of 5. Topical Questions – in the Senedd at 3:21 pm on 27 March 2019.

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Photo of Adam Price Adam Price Plaid Cymru 3:21, 27 March 2019

The Trefnydd has said that the Government thanks the court for the clarity that it's now offering, but that statement—to me, at least—seems a little unclear, so can she say unequivocally whether the Government accepts the findings of the court in full, and therefore is waiving any right to appeal that it has? And if you could also clarify, because in the decision it refers to submissions now being sought from counsel in the case as to the next steps, as to the precise nature of the relief being ordered. Who is going to be instructing the counsel in that case? Is it the former First Minister or is it the current First Minister?

Now, Lord Justice Haddon-Cave and Mr Justice Swift made clear, as we've just heard from Andrew R.T. Davies, in their ruling the former First Minister breached his promise of independence in a number of regards: in giving the Permanent Secretary a prior remit, unpublished, in private, on 9 November, and that the operating protocol that the Trefnydd referred to was shaped and finalised by the former First Minister in consultation with his counsel. Can the Trefnydd say if any members of the current Government were aware that a prior remit had been given to the Permanent Secretary, and that the former First Minister continued to influence the operating protocol of the inquiry, which the court has concluded was in direct contradiction of the press statement made by the Government on 10 November? If the answer to this question is that others were aware, can she say when they became aware and under what circumstances?

Now, in relation to the four aspects of the operational protocol that the former First Minister insisted upon against the wishes of the Sargeant family, unlawfully given the professed independence of the inquiry, does the Government intend to accede to any or all of the Sargeant family's requests for changes in the way the inquiry is conducted, or, conversely, does the Government intend to plough on regardless in the way the former First Minister directed? Does the Trefnydd accept that a finding by the High Court that the Welsh Government acted unlawfully in a matter that, understandably, given the tragic nature of these events, has generated huge public interest is a very serious blow indeed to the reputation of the Government for honesty and integrity? If so, will she commit to embracing a new commitment to transparency in this case? In particular, is she willing and able to tell us how much financial support has been provided to the former First Minister and former special advisers in the various legal actions that have been brought in relation to this case? 

And finally, can we please ask for the leak inquiry, referred to in the judgment, the publication of which was opposed by the defendants in this action, finally to be made public?