Today Minister for Natural Resources, Alun Davies AM was
fired, following a request to civil servants to disclose and find out
confidential information in relation to opposition Assembly Members and their
families, which sought to breach the protections of the Data Protection Act,
which protects every citizen against information being shared with those not
authorised to see it.
Despite firing the Minister, serious questions remain
concerning the actions of First Minister Carwyn Jones.
(1)
Carwyn Jones
has repeatedly refused to disclose which breaches of the Ministerial Code he
considered were breached by Alun Davies, and why it was that they were not
sackable breaches.
(2)
It is clear that the First Minister himself was
misled by the Minister when Alun Davies asked his private secretary to make the
FM “aware that I have sought advice on this Ministerial Code on two occasions
with reference to this issue since being appointed to my current role in March”
– However the Minister did not apparently tell the FM that he had ignored and
directly contravened the advice that he had been given. (see para 68 of the
report). The FM must have been aware of
this when he received a copy of Sir Derek Jones’ report, but concluded that he
could stand by a Minister who had actively misled him.
(3)
Why have Welsh Government continued to refuse to
disclose the Circuit of Wales due diligence report.?
(4)
Furthermore, why has the First Minister not
disclosed the further information requested in my email of the 2nd
July, which I will include below. The
ONLY inference, is that other Ministers could also be tainted by the
scandal and are being sheltered by the FM whilst he makes inquiries.
below is the text of the letter sent to Carywn Jones on the 2nd July 2014 - the day Alun Davies decided to request information to smear opposition members.
Dear Carwyn
I am grateful that you
placed on the record in Plenary that the correspondence requested in my email
to you dated 13th June 2014 would be disclosed to me at the
same time that the report was placed in the library. The information
requested was as follows
(a) Copies of all correspondence from Alun
Davies to the Chief Executive, board members or other employees of NRW
concerning the Circuit of Wales whether in his capacity as Minister or
AM. I have seen Annex 3 and don’t require disclosure of that material,
which was already in the public domain. However I would welcome
confirmation that no additional correspondence exists and that full disclosure
has been made of all emails, notes of meetings and contact.
(b) All correspondence between Alun Davies and
the Ministers responsible for Planning and the Economy on the circuit of Wales
again whether in his capacity as Minister or local Assembly Member. Any
meetings to discuss finance to the Circuit of Wales attended by the Minister
for Natural Resources.
In addition I request
disclosure of the following items referred to in the report of the Permanent
Secretary under the FOI Act provisions, although I would suggest that
transparency and openness require these to be disclosed prior to the debate
currently tabled.
(c) Further to the publication of the report I
request disclosure of the full advice provided to the Minister by his officials
refered to in Paragraph 36 of the report and a full copy of the Cabinet Division
advice dated 28th March 2012.
(d) Copies of the relevant extracts of the
Ministerial Code provided to Alun Davies by his Private Secretary in March
2013.
(e) Details as to whether the Minister had
notified his ministerial staff of the meeting on the 18th
June. Confirmation as to whether his specialist advisor was present at
that meeting or any member of his constituency staff. Confirmation as to
whom authorised that no minutes be made or taken both by NRW and by the
Minister. Confirmation as to whether the meeting was entered into his
Ministerial diary.
(f) A full copy of the email sent by the First
Minister’s office on the 2nd August 2013. A full copy of the
response made by the Private Secretary to Alun Davies following the email of
the 2nd August as detailed in Paragraph 68.
(g) Details as to whom prepared the proposed
statement by the minister on the 13th August. A copy of the proposed
but unreleased statement. Full copies of all notes or correspondence from
the Minister to his officials seeking guidance as referred to in paragraph 69
of the report and a full copy of all advice from his ministerial advisors –
whether in note, written or other form.
Kind regards"
The failure of the First Minister to put this information in the public domain, particularly where it seems that Alun Davies actively misled the First Minister in the item requested in paragraph (f) requested above.
The failure to disclose this infomation immediately, puts other Ministers as being at risk from this scandal, particularly those who had meetings or discussions over providing further finance to the project, and it is surprising that the FM has not sought to release the information quickly and effectively, as issues around the Circuit of Wales will not be going away.
