FORMER-FIRST minister Carwyn Jones acted unlawfully in setting up and independent inquiry into the death of former Welsh Government minister Carl Sargeant, the High Court has ruled.
Mr Sargeant was found dead at his home in north Wales in November 2017, four days after he was sacked as a minister after allegations of misconduct around women.
Following criticism of his conduct in the days immediately before and after Mr Sargeant's death, then-first minister Carwyn Jones set up an independent inquiry into the matter.
READ MORE:
Date set for when inquest into death of former Welsh Government minister Carl Sargeant will resume
Former first minister ‘puppet master’ in Carl Sargeant investigation, court told
But now Mr Sargeant's widow Bernie has won a legal challenge against the way the inquiry was set up.
Mrs Sargeant had argued a statement made by Mr Jones three days following her husband's death had suggested the inquiry and its procedures would be set up and decided by the Welsh Government's permanent secretary Shan Morgan, independently of the first minister's office.
However, High Court judges have now found Ms Morgan had been given a fixed remit for the inquiry by Mr Jones.
As a result, some elements of the inquiry, including that oral evidence is heard in private and the Sargeant family's lawyers not being allowed to question witnesses, will be reviewed.
Carl Sargeant's widow Bernie and their son Jack, who was elected to succeed his father as Alyn and Deeside AM
In its ruling, the High Court says: “It is clear, however, that the first minister and his officials acted in breach of the representations made in the press statement in three principal respects.
"First, the permanent secretary did not have a free hand - she was already subject to an unpublished ‘remit’ from the first minister.
"Second, the permanent secretary did not carry out the preparations for the inquiry ‘separately from the first minister’s office’: during March to May 2018 she discussed the investigator and family’s proposed amendments with the first minister and sought his approval and authorisation for any changes.
"Third, the first minister continued to have control of the process - indeed, he effectively had the last say and controlled the final form of OP [Operational Protocol].”
They added: “It would – in layman’s terms – be unfair for the first minister both to retain the political capital of the announcement that the work necessary to establish the investigation would be undertaken independently from his office, and to retain the power to decide what the arrangements for the investigation should be.
"In our view, because of the November 10, 2017 press statement, it was also unlawful for him to do this.
"On this ground alone, we allow the claimant’s application for judicial review.
“There was a simple step which the first minister could have taken before he signed off on the final form of the OP on July 9, 2018: he could have informed the claimant that he had already given the permanent secretary a ‘remit’ as to the terms of the OP and he would, in fact, be the final decision-maker on the final form of the OP.
"The claimant could then have made informed objections and representations appropriately.”
Ex-first minister Carwyn Jones speaking following Carl Sargeant's death
Neil Hudgell of Hudgell Solicitors, representing Mrs Sargeant, said: “The Sargeant family were completely unaware of the actions of the first minister behind the scenes, despite his assurances of independence.
"It is hugely regrettable that they have had to take matters before the High Court to shine a light on what have proven to be empty words from the former first minister.
"Today’s ruling does at least address some of the long-held concerns they had about the independence of the inquiry.
“I hope that the Welsh Government and the inquiry chair will now move swiftly to meaningfully consult with the Sargeant family about a revised Operational Protocol.
"However, I would remind everyone that there are no victors in this process.
"The Sargeant family are still without a much-loved husband, father, son and brother.”
A Welsh Government spokeswoman said: “We thank the court for providing clarity on what has been a complex process. We will now consider the next steps in light of today’s judgement.”
Mr Sargeant's son Jack was elected to succeed him as Alyn and Deeside AM in a by-election in February 2018.
An inquest into his death has opened, but was adjourned after it was found some evidence was contradictory. It is expected to resume in July.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here