copies Welsh MPs at Westminster, Welsh Assembly Members and Ceredigion Council members
Dear Carwyn Jones,
I shall be providing this email to the office of James Hamilton as an illustration that the Ministerial Code is not being applied by the Welsh Government.
I wrote to you on 04/02/2018 with respect to complaints on 09/10/2017, 06/11/2017 and 22/11/2017 regarding Ken Skates breaking Ministerial Code. I have now received a reply on 05/02/2018 to 11 questions I posed to Ken Skates in my complaint of 22/11/2017. The reply of 05/02/2018 contains further lies and therefore needs examination under the Ministerial Code.
The Ministerial Code contains the following statements on Minister’s actions
Action (1) “”Ministers should require civil servants to be as helpful as possible in providing accurate, truthful and full information on their behalf””
Action (2) “”Ministers should be as open as possible with the public, refusing to provide information only when disclosure would not be in the public interest “”
Action (3) “”Holders of public office should be willing to challenge poor behaviour wherever it occurs.””
Action (4) “”Where Ministers have to take decisions on their own portfolios which might have a particular impact on their own constituencies or electoral regions, they must take particular care to avoid any possible conflict of interest””
On 22/11/2017 I complained to the First Minister of a breach of the Ministerial Code by Ken Skates in a statement he had made on 17/11/2017 and I asked 11 questions regarding the statement. Ken Skates chose to treat my complaint of 22/11/2017 as a Freedom of Information Request and therefore the First Minister and Ken Skates did not investigate the complaint I made and did not carry out Action (3) required by the Ministerial Code.
Ken Skates gave the 11 questions to David Hall , the Trawscymru Network Manager , who in his acknowledgment and his reply of 05/02/2018 did not provide accurate, truthful and full information and lied in his reply. David Hall ignored 6 questions in his acknowledgement, and answered 3 of the remaining 5 questions in his reply Two of the three questions that he did answer contained lies, thereby failing to carry out Actions (1),(2) and (3). (see attached email).
Lies, incorrect and misleading statements and refusal to provide information indicate that the Ministerial Code is not being applied by Ken Skates. Could you please therefore add this to the evidence that I have already given to you on 06/11/2017 , 22/11/2017 and 04/02/2018 regarding breaches of the Ministerial Code.
Ken Skates has also not met action (4). He has allowed changes to the T2 timetable , which have been hugely damaging to the T1/T2 North/South route and this route is now completely dysfunctional . The damage to the T1/T2 route has been done purely for the benefit of passengers on the T3 from Wrexham to Barmouth , of which the major proportion are constituents of Ken Skates Assembly Constituency of South Clwyd , which the T3 route follows. The Welsh Government Transport strategy document specifically states the objective of improving journey times on the T1/T2 Carmarthen to Bangor route. The First Minister should be asking Ken Skates why his officials are not following the Welsh Government Transport Strategy.as the Welsh Government Transport strategy has been completely ignored for the benefit of passengers from Wrexham and South Clwyd and journey times on the T1/T2 route are now longer by as much as 2 hours as a result of the introduction of the T3. The Bevan Foundation Review of the Trawscymru network , which concluded that the T1/T2 Carmarthen to Bangor route was strategically more important than the T3 Wrexham to Barmouth route, has also been ignored, as has the recommendation of the same review to route the T3 from Wrexham to Aberystwyth instead of Barmouth . Ken Skates has allowed his officials to lie, provide misleading statements and withhold information in order to avoid carrying out a review of a T3 route from Wrexham to Aberystwyth and thereby preserve the benefits his constituents now enjoy . The changes to the T2 timetable , which Ken Skates allowed to be introduced on 15/1/2018 to specifically give better connectivity with the T3 from Wrexham to Barmouth , indicate that Ken Skates has no intention of carrying out the recommendation of the Bevan Foundation Report to route the T3 from Wrexham to Aberystwyth instead of Barmouth.
Yours Sincerely
Dr John McTighe
—-Original message—- From : john.mct@btinternet.com Date : 11/02/2018 – 09:42 (GMTST) To : correspondence.ken.skates@gov.wales, Ken.Skates@assembly.wales Cc : lilian.greenwood.mp@parliament.uk, admin@cpt-uk.org, victoria.winckler@bevanfoundation.org, unley@parliament.sa.gov.au, Nick.Jones@otc.gsi.gov.uk, Huw.Thomas@wales.gsi.gov.uk, graham.stringer.mp@parliament.uk, daniel@danielzeichner.co.uk, luke.pollard.mp@parliament.uk, advice@transportfocus.org.uk, stuart.cole@southwales.ac.uk, paul.girvan.mp@parliament.uk, laura.smith.mp@parliament.uk, huw.merriman.mp@parliament.uk, FOI.EconomyandInfrastructure@gov.wales, iain.stewart.mp@parliament.uk, chris.grayling.mp@parliament.uk, martin.vickers.mp@parliament.uk, jill.seymour@europarl.europa.eu, ronnie.cowan.mp@parliament.uk, terry.lake@ciltuk.org.uk, wales@labour.org.uk, casework@ico.org.uk, steve.double.mp@parliament.uk Subject : Ministerial Code and T3 from Wrexham to Aberystwyth and Lack of connectivity T1/T2 Carmarthen to Bangor in Aberystwyth
Information Commissioner Case Reference FS50719028.
Dear Ken Skates,
I wrote to you on 06/02/2018 regarding a reply I had received from David Hall, the Trawscymru Network Manager on 05/02/2018 to 5 of the 11 questions I asked you on 22/11/2017 (ATISN 11754) . I asked you on 06/02/2018 to reply to the other 6 of the 11 questions which are the subject of the Information Commissioner’s investigation Case Reference FS50719028. The Information Commissioner has indicated that my dissatisfaction at not receiving a response to those 6 missing questions should be taken as a request for a review of the handling of that request. I have now examined the 5 responses contained in David Hall’s reply of 05/02/2018 and in view of the lies contained in those responses I will request that the First Minister considers this as a breach of the Ministerial Code, as it was first intended when I asked those 11 questions on 22/11/2017 .
The 11 questions were placed on 22/11/2017 with yourself and the First Minister with respect to a breach of the Ministerial Code. You and the First Minister chose to not investigate a breach of the Ministerial Code and passed the 11 questions to David Hall , the Trawscymru Network Manager to answer as a Freedom of Information Request (ie do whatever he likes – refuse to acknowledge 6 questions, amend questions , tell a few more lies and ignore 2 of the 5 questions he agreed to reply to). I have already given details to yourself and the First Minister regarding 8 other lies, which have not been investigated, in my complaints of 06/11/2017 and 22/11/2017 addressed to yourself and the First Minister.
Details of the 5 responses contained in David Hall’s reply of 05/02/2018 (dhall20122017 is attached) and the lies contained in those 5 responses are shown in Addendum 1.
Three of the County Councils, quoted by David Hall as involved in discussions, say they have NOT been involved in discussions regarding a T3 route from Wrexham to Aberystwyth (See Addendum 2 to Addendum 4 for Gwynedd , Powys and Ceredigion Councils). Neither the Welsh Government nor the County Councils can provide any evidence that discussions did take place. The Trawscymru Network Manager cannot provide the conclusions from any discussions nor can he give the reason that the recommendation to route the T3 to Aberystwyth was not pursued and ignores the request to say which Councils were provided with the conclusions and reason for not pursuing the option. . I would therefore say that the statement you made on 17/11/2017 in KS/03829/17 regarding discussions on the T3 route to Aberystwyth is a complete fabrication . You should therefore investigate this with David Hall , withdraw the statement of 17/11/2017 , and provide an apology to those people who have been misled. .
I would also point out that David Hall , (3 weeks before your incorrect , misleading statement of 17/11/2017), admitted that no discussions had taken place on the T3 route to Aberystwyth. (see Addendum 5). On 27/10/2017 David Hall said “”Whilst Dr Winckler’s report does indeed make a recommendation for further work to be done in advance of the introduction of the proposed T3 service on the feasibility of its operation to Aberystwyth rather than Barmouth, I can advise that no such feasibility study was undertaken. On 20/12/2017 David Hall then says exactly the opposite “”I can advise that we discussed the feasibility of altering the route of the TrawsCymru T3 bus service on several occasions in 2014 with local authorities””. However all those Local Authorities David Hall quotes have denied in September/early October 2017 that any such discussions took place. David Hall has lied to you.
The sooner you step in the better it will be for everybody . Arrange for a truthful reply to all 11 questions. Arrange for a reply to the missing 6 questions in ATISN 11754. Stop your officials lying. Stop your officials providing misleading statements. Arrange for restoration of the connectivity on the T1 /T2 Carmarthen to Bangor route in Aberystwyth, in line with the Bevan Foundation Review conclusion of the strategic importance of the T1/T2 route and the recommendations of the current Welsh Transport Strategy document which has a key action to improve the T1/T2 service. Arrange for the recent changes to the T2 services of 15/01/2018 (to give better connectivity with the T3 from Wrexham) to be withdrawn immediately and replaced with a thorough review of the Bevan Foundation recommendation to route the T3 to Aberystwyth rather than Barmouth. Arrange for a clear statement on the “”high level”” review of the T3 Wrexham to Aberystwyth route, and that review should now be classed as urgent as the T1/T2 route is now completely dysfunctional . The “clear statement” should say when the review of the T3 route to Aberystwyth will be completed, who will be involved , which routes will be considered and when it will report / where it will be published. The route Wrexham / Welshpool / Newtown/ Machynleth / Aberystwyth would provide a strategic route with possible connections with the T4 to Cardiff (in Newtown) and T1 to Carmarthen / T5 to Cardigan (in Aberystwyth), The 15 minute delays to the T2 in Dolgellau to wait for the T3 from Wrexham and South Clwyd could then be transferred back to where they belong in Aberystwyth and will restore connectivity on the North-South T1/T2 route.
Today is TimetoTalk Day – a chance for everyone to be more open. Talking and listening can change lives
It is not acceptable that the Trawscymru network is ruined for the residents of North West, West and South West Wales on the T2/T1 route from Carmarthen to Bangor purely for the benefit of the residents of Wrexham and South Clwyd using the T3 to Barmouth . The current T3 route from Wrexham to Barmouth is not a strategic route. Barmouth is not a strategic final destination and the current T3 route is a service which provides residents of Wrexham and South Clwyd with a day trip to the seaside (see Barmouth Wales – Free bus to the beach! From this weekend … )
Yours Sincerely Dr John McTighe
Addendum 1 Request for Information–ATISN 11754
Question 1.On what date(s) in 2014 was routing the T3 from Wrexham to Aberystwyth discussed as stated in the Cabinet Secretary for Economy and Transport’s letter reference KS/03829/17.
Reply from David Hall on 20/12/2017.
“”I can advise that we discussed the feasibility of altering the route of the TrawsCymru T3 bus service on several occasions in 2014 with local authorities, leading up to the tendering of the service by Gwynedd Council in November 2014. The only recorded minute we hold on T3 routing decisions relates to a meeting held on 21 January 2014. We do not hold on record all of the dates in 2014 on which routing the T3 from Wrexham to Aberystwyth was discussed. Officials and local authorities are in regular and frequent discussions , both via telephone and at meetings, on a number of matters , some of which will have included discussions regarding the particular service you are enquiring about. By their very nature, not all of those discussions are minuted nor are the dates of those discussions recorded. I can advise, however, that the discussions will have occurred before Cyngor Gwynedd went out to tender for the T2 and T3 services.””
My Comment The Bevan Foundation independent review of the Trawscymru Network was published in August 2013 and the T3 service from Wrexham to Barmouth was introduced over a year later on 2nd November 2014. The Bevan Foundation Review made a recommendation that, before the new T3 service was introduced, the feasibility of routing the T3 from Wrexham to Aberystwyth instead of Barmouth should be examined. It beggars belief that there is no record of that recommendation being carried out. I do not believe for one minute that something as complex as this , which would have involved multiple Local Authorities and multiple bus service operators, would have gone unrecorded . It would have required at least one meeting on that subject alone to agree a route. The regular meetings referred to in the reply would have contained “”routing the T3 from Wrexham to Aberystwyth”” on their agenda.
I believe the above reply from David Hall is a series of lies to add to all his other lies. (See also my comments on the reply to Question 3)
Question 2. The name/job title of the Welsh Government official(s) who were involved in discussions regarding routing the T3 from Wrexham to Aberystwyth
Reply from David Hall on 20/12/2017
“”The TrawsCymru Network Manager and the Deputy Director of Network Management at the Welsh Government””
My Comment. I have placed a Freedom of Information Request to the Deputy Director of Network Management at the Welsh Government asking for information on her involvement in the discussions. Since I have previous experience of an internal review carried out by the Deputy Director of Network Management, (where my Freedom of Information request was completely altered to support lies from David Hall) , I do not expect any clear answers to my questions.
Question 3. The name/job title/organisation of the officials from external organisations to the Welsh Government (Local Authorities and Bus Service Providers) who were involved in discussions regarding routing the T3 from Wrexham to Aberystwyth.
Reply from David Hall on 20/12/2017
“”Public Transport Co-ordinating Officers from Cyngor Gwynedd, Ceredigion County Council, Denbighshire County Council, Powys County Council and Wrexham County Borough Council BC.””
My Comment Three of the Councils, which David Hall indicated he had held discussions with, have said they did not have discussions to route the T3 from Wrexham to Aberystwyth (See Addendum 2 to Addendum 4) . The three Councils who were not involved in discussions included Gwynedd Council (who manage the T3 contract on behalf of the Welsh Government) and Ceredigion Council (where Aberystwyth would have been the final destination of the T3 if the Bevan Foundation Review recommendation had been under discussion). Gwynedd Council also claimed they had no information on the Bevan Foundation Review and were not aware of the conclusion regarding the strategic importance of the T2/T1 North/South route Bangor to Carmarthen and the recommendation to route the T3 from Wrexham to Aberystwyth. Ceredigion Council have also said that, although Aberystwyth is the final destination of the T2 service from Bangor to Carmarthen, they have not been consulted on changes to the T2 timetable for the benefit of the T3 Wrexham to Barmouth service , which have led to loss of connectivity with other long distance Trawscymru services in Aberystwyth.
It would therefore appear that David Hall’s reply to Question 3 is a lie.
Question 4. The conclusions that resulted from discussions regarding routing the T3 from Wrexham to Aberystwyth and the reason that, as stated in the Cabinet Secretary’s letter reference KS/03829/17, “a decision was taken to not pursue this option”
Reply from David Hall on 20/12/2017
“”The information we hold on record for your fourth request is given below:
It was agreed that the specification of the service would include the following:
Journey every two hours (Weekdays and Saturday daytimes) between Wrexham and Barmouth;
Evening frequency to remain unchanged;
Sunday frequency to remain unchanged;
Route of service to remain unchanged;
Service to connect with the T2 service at Dolgellau;
Reduced fares for young people aged 16-18; and
Requirement for operator to provide a single double deck vehicle on known days / periods of peak demand.””
My Comment The question has not been answered by David Hall on 20/12/2017. The answer given does not mention the conclusions from the discussions regarding routing the T3 from Wrexham to Aberystwyth and does not give the reason it was not pursued
Question 5. The name/job title/organisation of the officials in those partner organisations who were informed of the conclusions and decision to not pursue routing the T3 from Wrexham to Aberystwyth
Question ignored by David Hall on 20/12/2017
Addendum 2 GWEYNEDD COUNCIL Freedom of Information T409 18/09/2017 – 15:51
Could you please tell me whether Gwynedd Council hold a copy of the Bevan Foundation report on the Trawscymru Network produced in 2013 ? No information held.
Could you please tell me whether Gwynedd Council were aware of the conclusion in the Bevan report that “” there was a stronger strategic case for the long-distance, north-south corridor T2/T1 (Bangor /Carmarthen) compared to the T3 (Wrexham / Barmouth) ? No information held.
Could you please tell me whether Gwynedd Council were aware of the recommendation in the Bevan report “” that further work be done in advance of the introduction of the proposed T3 service on the feasibility of its operation to Aberystwyth rather than Barmouth. “”? No information held.
Could you please tell me whether Gwynedd Council representatives took part in a feasibility study in advance of the introduction of the proposed T3 service on its operation to Aberystwyth rather than Barmouth. ? If so could you give the name and job title of those who took part.? No information held.
Could you please tell me whether Gwynedd Council and its officials hold any documentation relating to discussions/feasibilty studies regarding routing the T3 to Aberystwyth instead of Barmouth eg memos, meeting minutes, meeting notes, data gathering exercises, reports etc?. No information held.
Addendum 3 POWYS COUNCIL Response – F2017-0963 – TRAWSCYMRU Network 02/10/2017 – 10:16
Could you please tell me whether Powys Council hold a copy of the Bevan Foundation report on the Trawscymru Network produced in 2013 ? Yes
Could you please tell me whether Powys Council were aware of the conclusion in the Bevan report that “” there was a stronger strategic case for the long-distance, north-south corridor T2/T1 (Bangor /Carmarthen) compared to the T3 (Wrexham / Barmouth) ? Yes
Could you please tell me whether Powys Council were aware of the recommendation in the Bevan report “” that further work be done in advance of the introduction of the proposed T3 service from Wrexham on the feasibility of its operation to Aberystwyth rather than Barmouth. “”?Yes
Could you please tell me whether Powys Council representatives took part in a feasibility study in advance of the introduction of the proposed T3 service from Wrexham on its operation to Aberystwyth rather than Barmouth. ? If so could you give the name and job title of those who took part.? No Information Held
Could you please tell me whether Powys Council and its officials hold any documentation relating to discussions/feasibilty studies regarding routing the T3 from Wrexham to Aberystwyth instead of Barmouth eg memos, meeting minutes, meeting notes, data gathering exercises, reports etc?. No Information Held
Could you please tell me whether Powys Council representatives took part in discussions for the T3 service from Wrexham to operate to Aberystwyth via Welshpool/Newtown ? If so could you give the name and job title of those who took part.? No Information Held
Could you please tell me whether Powys Council and its officials hold any documentation relating to discussions/feasibilty studies regarding routing the T3 service from Wrexham to operate to Aberystwyth via Welshpool/Newtown eg memos, meeting minutes, meeting notes, data gathering exercises, reports etc?. No Information Held
Addendum 4 CEREDIGION COUNCIL FOI Trawscymru bus network (ID 12246) 04/10/2017 – 13:46
Could you please tell me whether Ceredigion Council hold a copy of the Bevan Foundation report on the Trawscymru Network produced in 2013 ?
Yes it does
Could you please tell me whether Ceredigion Council were aware of the conclusion in the report that “” there was a stronger strategic case for the long-distance, north-south corridor T2/T1 (Bangor /Carmarthen) compared to the T3 (Wrexham / Barmouth) ?
Ceredigion County Council is aware of the content of the report.
Could you please tell me whether Ceredigion Council were aware of the recommendation in the report “” that further work be done in advance of the introduction of the proposed T3 service on the feasibility of its operation to Aberystwyth rather than Barmouth. “”?
Ceredigion County Council is aware of the content of the report.
Could you please tell me whether Ceredigion Council representatives took part in a feasibility study in advance of the introduction of the proposed T3 service on its operation to Aberystwyth rather than Barmouth. ? If so could you give the name and job title of those who took part.?
Representatives from Ceredigion County Council did not partake in any formal discussions or studies undertaken in respect of this matter and therefore does not hold any documents of the type referred.
Could you please tell me whether Ceredigion Council and its officials hold any documentation relating to discussions/feasibilty studies regarding routing the T3 to Aberystwyth instead of Barmouth eg memos, meeting minutes, meeting notes, data gathering exercises, reports etc?.
Please see above.
Could you please tell me whether Ceredigion Council and its officials were involved in discussions which resulted in the T3 services from Wrexham to Barmouth(non strategic) being given preference in Dolgellau over T2 services on the strategic North/South route thereby destroying connectivity with London trains in Machynleth and T1/T5 services going South from Aberystwyth.
No they were not.
Could you please tell me whether Ceredigion Council and its officials hold any documentation on discussions which resulted in the T3 services from Wrexham to Barmouth(non strategic) being given preference in Dolgellau over T2 services on the strategic North/South route thereby destroying connectivity with London trains in Machynleth and T1/T5 services going South from Aberystwyth eg memos, meeting minutes, meeting notes, data gathering exercises, reports etc?..
No they do not.
Could you please tell me whether Ceredigion Council and its officials were involved in discussions which resulted in the Southbound T2 departure in Dolgellau being changed from 17.30 to 17.35 to wait for T3 services from Wrexham and the subsequent change to the T2 arrival time in Aberystwyth from 18.35 to 18.40 and the subsequent designation of the T2 arrival at 18.40 as a non connecting service with the T1 18.40 departure from Aberystwyth to Carmarthen. ? Could you please tell me whether Ceredigion Council and its officials hold any documentation relating to discussions/feasibilty studies regarding the above eg memos, meeting minutes, meeting notes, data gathering exercises, reports etc?.
No they were not and do not
Could you please tell me whether Ceredigion Council and its officials were involved in discussions on the introduction of the Gwynedd Council Quality Partnership agreement to further delay the Southbound T2s beyond their departure time in Dolgellau by an extra 10 minutes to wait for T3 services from Wrexham.? Could you please tell me whether Ceredigion Council and its officials hold any documentation relating to discussions/feasibilty studies regarding the above eg memos, meeting minutes, meeting notes, data gathering excercises, reports etc?.
No they were not and do not.
Addendum 5 (Freedom of Information Request Question 5 to Ken Skates 07/09/2017
Ken Skates incorrect statements to the Assembly on the Trawscymru bus network (WAQ74049) 07/09/2017 – 11:21
“”Could you please tell me on what date the recommendation on operating the T3 Trawscymru service from Wrexham to Aberystwyth instead of from Wrexham to Barmouth was turned down , and who within the Welsh Government made the decision . Where was the decision publicised and which County Councils were informed of the decision.?””
The reply from David Hall on 27/10/2017 after 36 working days ATISN 11622 – Trawscymru 27/10/2017 – 15:32
“”Whilst Dr Winckler’s report does indeed make a recommendation for further work to be done in advance of the introduction of the proposed T3 service on the feasibility of its operation to Aberystwyth rather than Barmouth, I can advise that no such feasibility study was undertaken. We do not, therefore, hold any recorded information in relation to your requests about the suggested feasibility study and the route””
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