Findings of a Welsh Assembly Public Accounts Committee report highlight the same poor behaviour employed in decisions on Trawscymru bus services

Reply-To: john.mct@

INFORMATION COMMISSIONER CASE REFERENCE NUMBER FS50734061

copies   Information Commissioner, Welsh MPs at Westminster,  Welsh

Assembly Members and Ceredigion Council members

Dear Committee Member,

I read with great interest the highly critical report by the Welsh Assembly Public Accounts Committee dated 22 May 2018 and titled “”The Welsh Government’s initial funding of the Circuit of Wales project””.  As a member of the public who has been attempting for over 2 years to deal with the Department for Economy and Infrastructure on the subject of Trawscymru Bus Services, I can recognise many of the conclusions your report arrived at and two of the recommendations made in the report are particularly relevant to my dealings with that same Department..  .

In those two years I have been lied to by a Government Official,  had the text of freedom of Information requests altered, had questions ignored, received misleading statements, been branded as “vexatious” by a Senior Government Official and my complaints about Government Officials have been ignored by the Cabinet Secretary for Economy and Infrastructure.  In February 2018 the Director of Transport in the Department for Economy and Infrastructure branded me as “vexatious and banned me from any further correspondence with the Welsh Government following my questions on (1) a promised review of a Trawscymru T3 service from Wrexham to Aberystwyth (2) a new proposed Trawscymru service from Chirk to Bangor and (3) the T2/T3 changes of January 2018, . The “vexatious”  ban by Welsh Government is now under investigation by a Senior Case Officer on behalf of the Information Commissioner. (Case Reference Number FS50734061).

I noticed today that on the BBC news,  Carwyn Jones said “”Lessons had been learned””.   I only wish this were true.   It is not true, as Carwyn Jones well knows.  In October/November 2017 I wrote to the First Minister regarding breaches of the Ministerial Code by the Cabinet Secretary for Economy and Infrastructure in respect of an incorrect statement he made in a written reply to the Welsh Assembly (WAQ74049 dated 15/08/2017) and in respect of numerous examples where he had failed to address the poor behaviour of his officials.

The First Minister replied himself to these complaints in January 2018 with a short reply using text taken from an email that the Director of Transport in the Department for Economy and Infrastructure had sent to me sometime earlier in 2017. The Director of Transport was himself the subject of some of the complaints forwarded to the First Minister.

On 18th February 2018 I wrote to the Cabinet Secretary for Economy and Infrastructure.with questions  regarding the revelation by a North Wales Council that a new Trawscymru route was under consideration between Chirk and Bangor (via South Clwyd and Wrexham).  The reason I asked these questions was that on 14/11/2017 the Cabinet Secretary for Economy and Infrastructure had written to a Ceredigion Councillor saying he “”had asked his officials to commission a high level review into a T3 Aberystwyth to Wrexham route””. This high level review had not started and instead, in January 2018, the number of T3 services from Wrexham to Barmouth had been increased.and 2 different new Trawscymru.routes were being reviewed (The Bevan Foundation report on Trawscymru had recommended that the T3 route should run from Wrexham to Aberystwyth instead of Barmouth).

One day later, on 19th February 2018,  the Director of Transport in the Department for Economy and Infrastructure wrote to me to say that the Welsh Government would not answer my three Freedom of Information Requests regarding (1) a T3 Wrexham to Aberystwyth route, (2) a new Trawscymru route between Chirk and Bangor and (3) the January 2018 changes to the T3/T2 services.  The Director of Transport said all my future correspondence would be filed and ignored.   It would appear that the Director of Transport is running the Department for Economy and Infrastructure and the Director of Transport did not want to answer any of these questions.  This may be construed as over-extensive discretion by an official in not informing their Minister/Cabinet Secretary about a decision taken (the Cabinet Secretary had commissioned the T3 review ), .but I believe this is not the case as I am sure that both.the Cabinet Secretary for Economy and Infrastructure and the First Minister are aware of the difficulties that I am facing in view of the complaints that I made in October/November 2017 to the First Minister regarding the Cabinet Secretary for Economy and Infrastructure.

The behaviour of the Welsh Labour Government is unacceptable. The difficulties you have had, as politicians on the Public accounts Committee,  in revealing the facts on ”the Circuit of Wales fiasco” are in the same vein as my difficulties.  I have been treated by the Department for Economy and Infrastructure with complete indifference and had to consult virtually every Council in Wales in order to get facts that were denied to me by the Welsh Government.   I have had to get complaints addressed by the Road Traffic Commissioner after Trawscymru broke the Road Traffic Regulations on delayed departures of Trawscymru services in Dolgellau.  I have had to make frequent complaints to the Information Commissioner .

My experience over the past 2 years has left me with a view that the general public have no influence whatsoever over Government actions. .

My own AM in Ceredigion (Llywydd in the Welsh Assembly whose job is to hold the Government to account) has made no representations on my behalf despite repeated requests over two years to do so. . My own AM in Ceredigion has been tenacious in pursuit of a more comfortable coach service between Aberystwyth and Cardiff, but is unconcerned that the service has been reduced by 50% from 2 services  per day to 1,  and is unconcerned that passengers from North of Aberystwyth cannot use the T1C coach service.   My own AM in Ceredigion has done nothing to support a review of the recommended Trawscymru T3 Aberystwyth to Wrexham route and nothing to support restoration of connectivity between T2 and T1 services in Aberystwyth   My own AM in Ceredigion has been evasive and refused to answer questions on these 2 subjects for the simplest of reasons, selfishness, as the AM for Ceredigion is only interested in the

T1 route South of Aberystwyth through Lampeter to Carmarthen and Cardiff.  The Llywydd  should be banging on the office door of the Cabinet Secretary for Economy and Infrastructure regarding these 2 subjects instead of posing for photographs on the steps of a more comfortable Trawscymru T1C coach.

I appreciate that the Public Accounts Committee cannot intervene in this matter but I believe that other AMs should be aware that the indiscretions recorded in your report are not the only ones that have occurred in the Department for Economy and Infrastructure.  I have been subjected to the poor behaviour that you describe in your report for a period of 2 years and if Carwyn Jones has “learned a lesson” he should ask the Department for Economy and Infrastructure to stop evading their responsibilities , stop focusing the whole of their attention on Trawscymru services across the AM constituency of South Clwyd and ask them to answer the questions I have raised. The first step they should be asked to take is to carry out the review of the T3 Aberystwyth to Wrexham route.

For the record, I note below the Welsh Assembly Public Accounts Committee report conclusions and recommendations that are relevant to my own experiences over the past 2 years involving evasive, unprofessional behaviour by the First Minister, the Cabinet Secretary for Economy and Infrastructure and Welsh Government officials..

Yours Sincerely,

Dr John McTighe

Public Accounts Committee Report Conclusion (1)   ””THE COMMITTEE’S INQUIRY HIGHLIGHTED A NUMBER OF CONCERNS ABOUT THE ROBUSTNESS OF THE DECISION MAKING PROCESS, PARTICULARLY REGARDING THE RATIONALE FOR VARIOUS DECISIONS BY OFFICIALS AND THE POOR QUALITY OF THEIR RECORD-KEEPING.””

In my experience the Welsh Labour Government refuse to provide a rationale for their decisions regarding Trawscymru bus services . The usual answer is “No recorded information .  We are not obliged to provide information that is in someone,s head”.  This phrase of course is within the FOIA but where a decision has been made a week ago , then in the interests of open government a reply should be given.  In terms of record keeping,  I have asked on numerous occasions whether reasons for decisions have been documented (eg recorded as minutes in meetings), and have always been told no.    Over 2 years I have always been told that all business has been conducted as phone calls.    Not recording information is seen as an asset by the Welsh Government.   If information  is not recorded the Welsh Government do not have to answer questions on the information .    There is also no robustness in the decision making process when :-

(1) Decisions taken by the previous Transport Minister (Edwina Hart) and the Traffic Commissioner for Wales are reversed and the Welsh Government refuse to say why

(2) The recommendation that the T3 route should run from Wrexham to Aberyswyth was ignored in 2013  and no documentation exists to say why it was decided that it should be ignored.

(3) A review of a T3 route from Aberystwyth to Wrexham was commissioned by  the Cabinet Secretary for Economy and Infrastructure in November 2017 but the Welsh Government have not  carried out the review,  Instead the Welsh Government increased the number of services on the existing T3 route from Wrexham to Barmouth, reviewed  2 other different routes and refused to answer any questions on the subject.

Public Accounts Committee Report Conclusion (2)     “”SOME OF THE ORAL AND WRITTEN RESPONSES THE COMMITTEE RECEIVED IN EVIDENCE FROM WITNESSES WERE EVASIVE (EVIDENCED BY THE NUMBER OF TIMES THE COMMITTEE HAD TO WRITE ON THE SAME POINT),AND DID NOT APPEAR TO BE CONTEMPORANEOUS.”

As outlined above I have had questions ignored, and the text of questions totally altered to deflect my enquiries elsewhere.  I have been lied to .

I have had to write repeatedly on the same point and the Director of Transport has used this as justification for “vexatious” and “persistent” behaviour.   I have had to write to the Welsh Government regarding statements they have made that contradict consistent statements made by a number of  County Councils.   Even in that situation the Welsh Government refuse to admit they made an incorrect statement. The Welsh Government Internal Review process is also focused on using dismissive and evasive  responses to Internal Review requests, with alteration of the text of Freedom of Information questions and refusal to examine facts provided to the Welsh Government being the standard technique for the reviewer.

The Welsh Government have taken decisions which go against the published Welsh Government Transport Strategy and the conclusions/recommendation of an independent review of Trawscymru, and have gone on to refuse to explain their reason for ignoring the published strategy/recommendations.

The Welsh Government have refused to provide a reason for the complete lack of T1/T2 (Carmarthen to Bangor)  connectivity Northbound in Aberystwyth, because they would then have to admit the reason for no connectivity is that the 15 minutes connectivity in Aberystwyth has been transferred to Dolgellau for the benefit of T3 passengers from Wrexham and South Clwyd.

Evasiveness is no longer possible on the subject of T1/T2 connectivity in Aberystwyth and a T3 route from Aberystwyth to Wrexham and the only way the Welsh Government could avoid telling the truth was to declare my questions to be “vexatious” and ignore them.

Public Accounts Committee Report Conclusion (3) “”ANOTHER THEME WHICH EMERGED DURING OUR INQUIRY WAS THE USE OF OVER-EXTENSIVE DISCRETION BY OFFICIALS IN NOT INFORMING THEIR MINISTER/CABINET SECRETARY ABOUT THE DECISIONS BEING TAKEN. THERE IS NO DISPUTE THAT THERE NEEDS TO BE SOME DISCRETION FOR OFFICIALS TO TAKE CERTAIN DECISIONS, TO ENSURE THE EFFECTIVE OPERATION OF GOVERNMENT UNDER THE CARLTONA PRINCIPLE. (THE CARLTONA DOCTRINE (OR CARLTONA PRINCIPLE) EXPRESSES THE IDEA THAT, IN UNITED KINGDOM LAW, THE ACTS OF GOVERNMENT DEPARTMENTAL OFFICIALS ARE SYNONYMOUS WITH THE ACTIONS OF THE MINISTER IN CHARGE OF THAT DEPARTMENT ).””

Over the past 2 years I have had one item of correspondence, in July 2016,  from the Cabinet Secretary for Economy and Infrastructure.   I had complained to the Cabinet Secretary for Economy and Infrastructure about being lied to and about the alteration of the text of Freedom of Information Requests.by his Officials . The Cabinet Secretary for Economy and Infrastructure wrote back himself and offered a meeting with his Deputy Director of Transport , who was also the person who had altered the text of the Freedom of Information Request.  I replied to the Minister saying that before I would attend the meeting I would require a list of facts regarding Trawscymru services to be agreed/disagreed by the Trawscymru Network Manage,. as a basis for discussions at such a meeting.     The Cabinet Secretary for Economy and Infrastructure did not reply to this request,  despite being reminded of it,  and the Director of Transport has used this in his recent “vexatious” judgement saying I refused  to attend a meeting offered by the Welsh Government.

Letters addressed to the Cabinet Secretary for Economy and Infrastructure complaining about lack of openness by his officials were replied to by those same officials that I complained about.    Despite many letters of complaint to the Cabinet Secretary for Economy and Infrastructure between july 2016 and October 2017 I did not receive a single reply back fromthe Cabinet Secretary for Economy and Infrastructure.    When I finally complained of a breach of the Ministerial Code to the First Minister, ( in October and November 2017), the First Minister’s reply was evasive , did not address the complaints, and all the text of the First Minister’s reply was taken from previous emails sent to me by the the Director of Transport in the Department for Economy and Infrastructure .

Public Accounts Committee Report Conclusion (4) “”THE FINAL KEY THEME WHICH EMERGED IN THIS INQUIRY WAS AROUND THE EXTERNAL COMMUNICATION OF DECISIONS. WE DEFEND FULLY THE RIGHT OF THE GOVERNMENT TO MAKE DECISIONS BASED ON EVIDENCE IN THE BEST INTEREST OF WALES; HOWEVER, IN DOING SO IT MUST COMMUNICATE EFFECTIVELY, BOTH TO THE PUBLIC AND TO THOSE DIRECTLY INVOLVED.””

It is obvious from my comments that effective communication to the public has not been applied in my case.

Public Accounts Committee Report Conclusion (5) “”THE COMMITTEE IS ALSO DEEPLY CONCERNED BY THE FACT THAT IN APRIL 2016, IN RESPONSE TO CONCERNS RAISED BY A MEMBER OF PARLIAMENT, THE WELSH GOVERNMENT ISSUED AN INCORRECT AND MISLEADING PRESS STATEMENT.. INFORMATION RELEASED BY THE GOVERNMENT, WHETHER TO THE NATIONAL ASSEMBLY OR TO THE MEDIA, MUST BE ACCURATE AND FAIR, TO ENSURE THAT PUBLIC TRUST IS MAINTAINED IN THE PROCESS OF DEMOCRATIC SCRUTINY OF THE EXECUTIVE BY THE PARLIAMENT. THE COMMITTEE WAS DEEPLY DISAPPOINTED IN THE ACTIONS OF GOVERNMENT OFFICIALS RELATING TO THIS REPORT, AND WE WOULD NOT EXPECT TO SEE ACTION LIKE THIS AGAIN.””

Also in April 2016 the then Minister for Business, Enterprise, Technology & Science made an incorrect statement to the press saying “all the recommendations of the Bevan Foundation Review of Trawscymru have been completed”.    The Minister was publicising new buses on the Trawscymru T3 Wrexham to Barmouth route.

Unfortunately the Minister’s Officials had misinformed the Minister as the only recommendation of the Bevan Foundation report regarding the Trawscymru network had recommended the T3 route should run from Wrexham to Aberystwyth instead of Barmouth .

On  15/08/2017 the Cabinet Secretary for Economy and Infrastructure made an incorrect statement (WAQ74049) saying the Trawscymru Network was based on the recommendations of the Bevan Foundation Review of Trawscymru . which had recommended that the T3 route should run from Wrexham to Aberystwyth instead of Wrexham to Barmouth.  The Cabinet Secretary’s statement was not correct as the T3 route had been introduced between Wrexham and Barmouth and the review of a Wrexham to Aberystwyth route  had not been carried out (as the Trawscymru Network Manager finally admitted in October 2017).

Following the Trawscymru Network Manager’s admission, on 14/11/2017 the Cabinet Secretary for Economy and Infrastructure commissioned a high level review into a T3 Aberystwyth to Wrexham route. However this also was an incorrect and misleading statement by the Cabinet Secretary for Economy and Infrastructure to a Ceredigion Councillor and the high level review has not been carried out and the Welsh Government have instead mproved the T3 Wrexham to Barmouth route, reviewed 2 other routes for the benefit of residents of South Clwyd and refused to explain why these actions have been taken .

Public Accounts Committee REPORT RECOMMENDATION 1  “”WE ARE SURPRISED THAT THE WELSH GOVERNMENT DID NOT SHARE THEIR MEETING NOTE WITH HOVDC AT THE TIME OF DRAFTING. THE NOTE HAS VERY LITTLE EVIDENTIAL VALUE IF IT IS NOT AGREED AT THE TIME BY ALL THOSE INCLUDED IN IT, AS ITS ACCURACY CAN ALWAYS BE QUESTIONED LATER.  WE RECOMMEND THAT THE WELSH GOVERNMENT ADOPTS A STANDARD PRACTICE THAT MEETING NOTES ARE AGREED FOR FACTUAL ACCURACY BY ALL RELEVANT PARTIES AT THE POINT OF DRAFTING””

With respect to the July 2016 meeting offered by the Cabinet Secretary for Economy and Infrastructure it was obvious to me that the Welsh Government were not interested in documenting what would be discussed at the meeting.   I asked that a list of facts regarding Trawscymru services should be agreed/disagreed by the Trawscymru Network Manager,as a basis for discussions at a meeting.

In my extensive experience it is of paramount importance that where a meeting takes place on any issue large or small an agenda should be drawn up.  Both parties in such a meeting should agree an agenda. The Welsh Government refused to do this and this attitude iillustrates the evasive approach of the Welsh Government  to answering  questions .   If facts are not recorded and agreed by both parties then the Welsh Government cannot be held to account as the written evidence is missing.   It suits the Welsh Government to adopt a culture where facts are not recorded.

Public Accounts Committee REPORT RECOMMENDATION 2  “”WE RECOMMEND THAT ALL CABINET SECRETARIES, MINISTERS AND ALL WELSH GOVERNMENT SENIOR CIVIL SERVANTS ARE REMINDED OF THE REQUIREMENTS WITHIN THE MINISTERIAL AND CIVIL SERVICE CODES TO ENSURE THE ACCURACY OF ALL INFORMATION RELEASED””

• The First Minister has not learned any lessons and appears to not agree with the above  recommendation as he allowed the Director of Transport to provide an inaccurate reply to my complaint of breach of the Ministerial Code by the Cabinet Secretary for Economy and Infrastructure.  My complaint of breach of the Ministerial Code covered both the behaviour of Government officials and the release of an incorrect statement (WAQ74049 dated 15/08/2017) by the Cabinet Secretary to the Welsh Assembly and the Director of Transport was not the right person to answer the complaint .   The Cabinet Secretary for Economy and Infrastructure has subsequently commissioned a review of a T3 Aberystwyth to Wrexham route, has  failed to carry this review out , has allowed his officials to refuse to explain why and has allowed his officials to pursue 2 other new Trawscymru routes which will largely benefit his own AM constituents in South Clwyd.   The commitment to a high level review, the failure to carry it out and the failure to explain why it has not been carried out is a further breach of the Ministerial Code.

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