Part of 5. Topical Questions – in the Senedd at 3:18 pm on 27 March 2019.
Thank you for that concise answer, Minister, and I fully understand why you're responding to this question as opposed to the First Minister.
I would also like to put my apologies to Carl Sargeant and Jack Sargeant's family because obviously this Chamber did not get the answers that they required and the family felt that they had to go to court to get this judgment today. This is a damning judgment, to say the least. It says an unlawful act was undertaken—that's the judgment. It highlights three areas in particular. It says the Permanent Secretary did not have a free hand when setting up this inquiry, despite statement after statement, and I refer just to one on 18 September, where the then First Minister said
'I've not interfered with the protocol at all.'
That's on the record, that is, and there are many other statements like that.
The second conclusion of the judgment today says the Permanent Secretary did not carry out the preparations for the inquiry separately from the First Minister's office, despite the former First Minister clearly saying that it was an arm's-length inquiry that was undertaken by the Permanent Secretary and neither his office nor himself had any input into it at all.
And the third and final point is that the then First Minister still had control over the process; indeed, he effectively had the last say and control on the final form of the operational protocol. That is a damning judgment by any measure. I want to know exactly how the Welsh Government is going to take forward its response. I appreciate it's only a few hours old, this judgment, but we need a clear understanding of how we're going to get your response to this judgment. We need to understand what engagement you're going to have with the Sargeant family in particular, to make sure that there can be a resolution of these items so that the inquiry can proceed, and that it doesn't have to proceed through the courts, and the Government get dragged through the courts again. And thirdly, I want to see what action is going to be taken to make sure that there is clear separation between the Government and the independence of the civil service, because importantly here, the Permanent Secretary is the guardian of that independence, and this judgment clearly indicates that there has been a compromise of that independence. And I believe you can give us some assurance today on how you're going to respond to us, but we need that timeline so that this isn't just left on the shelf. As I said, this is a damning judgment, and the family deserve far better from us an institution and you as a Government.