Case against 32 councillors following ill-fated eGovernment project is dropped
A CASE against 32 Swansea councillors has been dropped on a legal technicality.
Wales's public service watchdog had been investigating the actions of opposition councillors who walked out of a heated meeting over the authority's ill-fated eGovernment project almost two years ago.
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However, despite evidence that some members might have acted improperly, the Public Service Ombudsman has confirmed he has discontinued the probe against the 32 Labour and Tory councillors.
The case has been dropped by Ombudsman Peter Tyndall after it became clear that the council's former monitoring officer, David Daycock, did not give members the correct advice.
Satisfied
In a letter to council leader Chris Holley, who made the original complaint against the 32, Mr Tyndall said: "I should make it clear that I do not condone the actions of the 32 members. I take the view that properly given advice should always be considered very carefully by members.
"However, I am now satisfied that the advice given to the 32 members by the monitoring officer in this instance was wrong in law and therefore cannot be considered to be 'relevant advice' as required by the Code (of Conduct)."
The July 2008 meeting proved controversial when Labour and the Conservatives insisted the financial aspects of the deal between the council and its IT partner CapGemini should be discussed in public.
When the Lib Dem-led administration objected, and advice was given by Mr Daycock, who retired from Swansea Council last month, to exclude the public, opposition members called a vote against excluding the public, only to be defeated.
Councillors David Phillips and Rene Kinzett — leaders of the Labour and Conservative groups respectively — then led their party members out of the council chamber, refusing to take part in a private debate. Councillor Holley then reported the 32 councillors to the Ombudsman for an alleged breach of the Code of Conduct.
Initially the Ombudsman's director of investigations, Andrew Walsh, recommended that the complaint was not investigated but, following further correspondence with Councillor Holley and Mr Daycock, the investigation continued. Mr Tyndall said that, following a lengthy investigation, he believed there had been a breach of the code.
He said: "I reached this view as I was not persuaded that members had given proper regard to the monitoring officer's advice."
However, in April this year, legal counsel representing the Labour members informed the Ombudsman that he believed Mr Daycock had not given the correct advice.
The response indicated that "the monitoring officer's advice was wrong in law and could not be considered 'relevant advice'."
However, while the case has been discontinued, Mr Tyndall said there were still areas of concern over the councillors' conduct.
Agreement
In his letter to Councillor Holley, Mr Tyndall stated that he had been told that the councillors had not made a prior agreement either to vote against the motion, or to leave the chamber.
However, Mr Tyndall said: "During this phase of the investigation, we obtained minutes from one of the political groups' pre-council meetings which showed that a decision had been taken to vote against the motion and then to leave the chamber."
He said "the decision taken by the 32 members to vote in the way they did could have put the council at serious financial risk had they won the vote, and, arguably, in doing so, could be said to have brought the officer of member into disrepute."
Speaking to the Post, Mr Tyndall added: "If the advice had been properly given, the same events would have happened, but the outcome would have been different."
The Post was unable to contact the parties involved due to an embargo set by the Ombudsman's office.
alex.brown@swwmedia.co.uk
15 Comments
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by dai evans, swansea
Friday, May 14 2010, 3:50PM
“This eGovernment project has certainly been a disaster for Swansea especially again for the council-tax payers--I am afraid as leader Cllr Holley must take a large potion of the blame, still he keeps wasting our finances by again bring in the ombusdsman, who must think he is part of Holley's cabinet,the amount of work he is receiving.
This continous wastage of our City finances must stop. Holley must stand down though who would replace him, there is no one because he has trained them all so well to become nothing other than puppets.
Must Swansea suffer this lot until election 2012?.”
by Frank, Ystumllwynarth
Friday, May 14 2010, 12:38PM
“@Manon, Swansea.
I concur.
@Mike Hedges.
I do not live in Mawr and I do not understand how you think that my previous posting is misleading. Are you confusing me with someone else?”
by Manon, Swansea
Friday, May 14 2010, 12:15PM
“RE: observer, swansea
You said "David Daycock was a much admired Legal Officer by most at Swansea" - where in Swansea have you been living. When it came to giving legal advice David Daycock was criticised by Swansea Councillors from all parties, the Ombudsman, the Adjudication Panel for Wales and members of the public - so for you "observer" to make such a farcical statement - you must either be a LIB DEM or one of Holley's cronies. Councillor Holley and his cronies allowed David Daycock to leave with his pension even though he was under investigation. Apparently David Daycock knew to much about this Lib Dem administration - that is why Councillor Holley and cronies allowed him to leave with full pockets. Shame on them all.”
by mike hedges, morriston
Friday, May 14 2010, 10:09AM
“Frank from Mawr is misleading people. Advice did not have to be provided without prior notice. Advice would have been investigated and given when the report went out. As for failing on a technicality, that the advice was wrong is not a technicality but the most important fact.”
by Frank, Ystumllwynarth
Friday, May 14 2010, 12:05AM
“@observer, mawr.
Do you honestly think that Mr. Daycock did not foresee that there would be problems with this issue? The original complaint was returned with a recommendation that no further proceedings should take place. However, following lengthy correspondence between the ombudsman's office and Mr. Daycock, a full investigation began. Hardly a case of thinking on one's feet is it?”
by observer, swansea
Thursday, May 13 2010, 10:39PM
“Typically the hyenas move in after the kill to pick over the bones. David Daycock was a much admired Legal Officer by most at Swansea and he had to think and give "Counsel" to Council on his feet running. Most Barristers who give Counsel are given time and space to ponder and check case law etc. Mr Daycock had to think instantly on his feet facing a bunch of 32 hostile people. Also, what's this got to do with Chris Holley he only took the alleged flawed advice. Read the article carefully critics - the 32 are by no means exonerated.”
by Manon, Swansea
Thursday, May 13 2010, 9:55PM
“What a farce. The incompetent Councillor Chris Holley and Peter Tyndall the Ombudsman should be surcharged for the cost of this ludicrous investigation. Also Chris Holley and Peter Tyndall should be made to resign or sacked for wasting hundreds of thousands of tax payers money.
Apparently the job description relating to a council leader or an Ombudsman states that you have to be either incompetent or an imbecile - in the case of Holley and Tyndall they fulfill both requirements.”
by Paul Lloyd, Winch Wen
Thursday, May 13 2010, 7:50PM
“Not a good week for Holley's Wallies. First his Lib-Dem party goes into government with the Tory Party, then they get the news that they were wrong to report the opposition councillors to the ombudsman. I hope he personally gives an apology to everyone for the distress he caused.”
by Ray Welsby, Clase Morriston
Thursday, May 13 2010, 6:06PM
“Having now read this article,what a complete waste of time,how much money as Cllr,Holley and the former Mr, Daycock and his legal team cost the council taxpayer of Swansea?.Ifeel that the ombudsman should now investigate Cllr, Holley and his coalition group for preventing the taxpayers of Swasea knowing how they are wasting our money on Cllr, Holleys follies.”
by Steve, Neath
Thursday, May 13 2010, 5:45PM
“Now that the Lib Dems have shown their true colours (blue) it's not just the Swansea public that will have to pay for their incompetence but every other tax payer in the UK. I hope all those who voted for them will reflect and regret what they have done.”