I wish to make a complaint regarding Ceredigion Council not following the Freedom of Information Act in respect of requests made to them regarding Trawscymru bus services. The aspects I wish to complain about are:-

(1) The refusal on 10/08/2018 to reply to all existing FOI requests and any future FOI requests regarding Trawscymru bus services

(2) Continual abuse of the 20 day FOI request reply rule

(3) Refusing to answer requests under the FOIA guidelines.

(4) Ignoring of FOI requests.

(5) Obstructive replies and incorrect replies.

(6) Failure to carry out internal reviews and failure to answer the questions that the reviewer was requested to examine..

(7) Failure to supply requested documention

In making this complaint I have aimed to restrict the facts presented to you to one Freedom of Information Request (781192). There are other examples in other requests regarding Ceredigion Council not following the Freedom of Information Act.

RESPONSIBILITY FOR SUPPLY OF INFORMATION REGARDING TRAWSCYMRU BUS SERVICES

The Trawscymru network is managed by the Trawscymru Network Manager who works for the Welsh Government and the Welsh Government provide all the funding for the Trawscymru bus services. Ceredigion Council have a responsibility for Trawscymru bus services in that they manage the Trawscymru T5 and T1C contracts, (ie deal with the bus operator) and also represent the interests of passengers by sitting on Trawscymru Service Delivery groups for all the services that pass through Ceredigion (T1,T1C,T2,T5) However neither the Welsh Government nor Ceredigion Council wish to release information to the public regarding the Trawscymru Network.

Ceredigion County Council have said that the Welsh Government (Ken Skates – Minister for Transport) is responsible for changes to Trawscymru bus services (Ellen Ap Gwynne – Leader of Ceredigion Council on 30/05/2018 – see attached letter ellenapgwynne20052018) and Ceredigion County Council have subsequently said that the Welsh Government Trawscymru Strategic Management Board are responsible for Trawscymru service changes and T2/T1 connectivity in Aberystwyth (Alun Williams –Corporate Lead Officer For Policy and Performance for Ceredigion Council on 10/08/2018 – see attached letter ceredigionallun2will10082018). The Welsh Government have said the opposite that responsibility for changes to Trawscymru services lies with the County Councils managing the Trawscymru service contract (see attached letter simonjones05062018). Therefore information requests to the Welsh Government and County Councils end up going in circles with each organisation saying the other is responsible.. Both the Welsh Government and Ceredigion Council are now employing tactics to avoid answering requests under FOIA guidelines – the Welsh Government by refusing requests saying requests are “vexatious” and Ceredigion Council by replying as a Customer Enquiry response (under the Ceredigion Council Customer Charter).

(1) THE REFUSAL BY CEREDIGION COUNCIL ON 10/08/2018 TO REPLY TO ALL EXISTING FOI REQUESTS AND ANY FUTURE FOI REQUESTS REGARDING TRAWSCYMRU BUS SERVICES

On 10/08/2018 in a letter titled “”RE MATTERS OUTSIDE THE FREEDOM OF INFORMATION ACT”” Ceredigion Council attempted to close all existing and future information requests by claiming that the Welsh Government had told Ceredigion Council that I was in direct contact with the Trawscymru Strategic Management Board who would address all further and future issues regarding Trawscymru bus services.

The letter of 10/08/2018 from Ceredigion Council (attached letter ceredigionallun2will10082018) typifies the attitude of “not my responsibility” . Ceredigion Council said on 10/08/2018 that the Welsh Government had told them that I was in direct contact with the Trawscymru Strategic Management Board and that there were no further matters for Ceredigion Council to address. . Ceredigion Council went on to say that all existing and future matters would be addressed by the Trawscymru Strategic Management Board. This was totally incorrect.

The Welsh Government have refused to reply to a Freedom of Information request made on 13/07/2018 regarding the role of the Trawscymru Strategic Management Board and regarding the “high level” review to introduce Trawscymru T3 services from Aberystwyth to Wrexham . I am also definitely not in direct contact with the Trawscymru Strategic Management Board. (see the attached email below dated 25/08/2018 which requests that the Welsh Government carry out an internal review of the response to my request to the Welsh Government of 13/07/2018 titled”. Why has Ken Skates “high level ”review” of the Trawscymru Aberystwyth to Wrexham route not been carried out? – internal review of ATISN 12559”). On 14/11/2017 Ken Skates, Minister responsible for Transport in Wales wrote to Ceredigion County Council to say he had commissioned a “high level” review to introduce Trawscymru T3 services from Aberystwyth to Wrexham and that Ceredigion County Council would be involved in the “high level” review. . This “high level” review has still not been carried out. Since 14/11/2017 I have asked Ceredigion Council to provide progress on this “high level” review, which Ceredigion Council have refused to do

(2) CONSTANT ABUSE OF THE 20 DAY FOI REQUEST REPLY RULE.

Ceredigion County Council never reply promptly to FOI requests.

RECEIPT OF FOI REQUEST (781192) WAS ACKNOWLEDGED AFTER 16 WORKING DAYS. FOI request (781192) was then split into 5 questions which were replied to under FOI and the rest of the questions under the Ceredigion County Council Customer Charter. The reply to the 5 FOI questions was provided after 19 working days. The internal review of the FOI element was received on 31/07/2018 (91 days after the request for internal review was made) and the review of the NON FOI element was received on 10/08/2018. There are other examples where Ceredigion County Council have not compliad with the FOIA guidelines on reply times.

(3) USE OF THE CEREDIGION COUNCIL CUSTOMER CHARTER FOR CEREDIGION SERVICE USERS.

Ceredigion Council are making an immediate judgement on receipt of a request. on whether they hold recorded information on questions. If the question asked of Ceredigion Council requests the supply of a specific document then that is considered an FOI request. If the question is a request for information (not documents) Ceredigion Council are not prepared to consider the question as an FOI request and treat the request as a Customer Enquiry. The request is then split into an FOI response and a Customer Enquiry response, (under the Ceredigion Council Customer Charter for Ceredigion Service Users), with both responses from Ceredigion Council carried out by different people at different times . An example of such splitting is shown in Addendum 1 below relating to request (781192).

When the splitting of FOI requests was introduced in April 2018 I complained to Ceredigion Council but was ignored. THE ACKNOWLEDGEMENT OF THE RECEIPT OF THE REQUEST (781192). WAS MADE BY CEREDIGION COUNCIL ON 11/04/2018 16 WORKING DAYS AFTER THE REQUEST WAS MADE when Ceredigion Council said _“”Please accept my most sincere apologies for the delay in acknowledging receipt of your correspondence dated 23rd March Unfortunately, due to annual leave and other work commitments I have been away from the office. I can advise that your correspondence has been carefully considered and I am of the view that some elements of your correspondence should be considered under Freedom of Information legislation and others in accordance with Ceredigion County Council’s Customer Charter as thes_e are considered to be enquiries rather than requests for information.” I replied to Ceredigion Council on 12/04/2018 saying “”WOULD YOU PLEASE ARRANGE FOR EXAMINATION OF CEREDIGION COUNCIL’S RECORDED INFORMATION AND ARRANGE FOR ANSWERS TO ALL MY 13 QUESTIONS AS A FREEDOM OF INFORMATION REQUEST AND STATE WHERE YOU DO NOT HOLD INFORMATION AND AT THAT STAGE PROVIDE THE ANSWERS YOU WISH TO GIVE TO THOSE REQUESTS WHERE NO INFORMATION IS HELD.”

Ceredigion Council ignored my request and on 20/04/2018 (7 working days after acknowledgment and 19 working days after the request) provided a response to the queries in accordance with Ceredigion County Council’s Customer Charter 23/03/2018.and to the 3 items considered to be an FOI request .

Splitting of FOI requests and replying under the Ceredigion County Council’s Customer Charter for Service Users is being used to obstruct the release of information.

(4) IGNORING OF FOI REQUESTS.

On 20/05/2018 I wrote to Alun Williams of Ceredigion Council asking 25 questions regarding “”Recommended T3 route between Aberystwyth and Wrexham and lack of T2/T1 (Bangor to Carmarthen) connectivity in Aberystwyth””. This request (see addendum 2 below) was not acknowledged or replied to and in the letter from Ceredigion Council on 10/08/2018 (attached letter ceredigionallun2will10082018) under the heading 20TH MAY 2018 the Ceredigion Council reviewer said “it is my view that these matters have been sufficiently addressed by Council officers previously.”

(5) OBSTRUCTIVE REPLIES AND INCORRECT REPLIES

See addendum 1 (request 781192) and Questions 1, 5 and 6.

Ceredigion Council in Question 1 refuse to supply emails regarding Trawscymru bus timetable changes made in January 2018 because this would be a breach of confidence. I believe that changes to bus timetables are not confidential and Ceredigion Council are being obstructive.

Ceredigion Council in Question 5 say in response to the request “”Ceredigion Council do not hold a copy of this letter” and in the internal review 91 days after the request was made said ”This letter has been issued to you previously by Clr Alun Williams.(NOT TRUE) I am of the view that Ceredigion Council do hold the information and I provide a copy of the email as per your request “. The letter was then sent to me with a rebuke saying ”you should ensure you retain documents issued to you by the Council”. The initial response was incorrect, the reviewer was incorrect when he said I had already received a copy , and the reviewer was impertinent for making the comment about retaining documents . I was however supplied on 31/07/2018 with the letter albeit 91 working days after it was requested on 23/03/2018.

The Ceredigion Council response to Question 6 was truly obstructive .The first response was _“You state in your correspondence of 23rd March that you already hold a copy of this letter. “ This was not true and obviously not true by examination of the documentation . The reviewer was then given a clear explanation that I had only received 1 letter from Ceredigion Council (the letter from Ken Skates to Alun Williams) and my request was for the provision of the 2 letters from Alun Williams to Ken Skates. The reviewer insisted I had received a copy of the letter , made rude comments about retaining documents provided by the Council and then supplied me with a second copy of Ken Skates letter to Alun Williams. This was truly obstructive on the part of the reviewer. I have still not received a copy of Alun Williams reply to Ken Skates letter of 14/11/2017 offering to involve Ceredigion Council in a “high level” review of Trawscymru T3 services from Aberystwyth to Wrexham.

(6) FAILURE TO CARRY OUT INTERNAL REVIEWS AND FAILURE TO ANSWER THE QUESTIONS THAT THE REVIEWER WAS REQUESTED TO EXAMINE.

On 10/08/2018 Ceredigion Council sent a communication to me titled “Re Matters outside the Freedom of Infprmation Act” in which, (amongst other subjects) , Ceredigion Council introduced the topic of 2 internal reviews of previous requests (the first relating to request Reference AD/13547 – “T3 route from Wrexham to Aberystwyth instead of Barmouth and T2/T1 connectivity in Aberystwyth”. and the second relating to request Reference 790340 – “Lack of Connectivity in Aberystwyth T2 from Dolgellau to T1C for Cardiff for passengers North of Aberystwyth”). The internal reviews had not been provided by Ceredigion County Council in the timescale of 20 working days as required by the FOI guidlines. In relation to the request for an internal review of 790340 made on 01/06/2018, Ceredigion Council wrote to me on 20/07/2018 (40 working days after the request for a review) to say “”I will ensure you receive a response in the next two weeks” . The only response I received to the request for an internal review of 790340 was under the heading 1ST JUNE in the letter of 10/08/2018 titled “”Re Matters outside the Freedom of Infprmation Act”. The request for internal reviews of the two requests were made on 20/05/2018 for AD/13547 (58 working days before the Ceredigion Council recent communication of 10/08/2018) and on 01/06/2018 for 790340 (50 working days before the Ceredigion Council recent communication of 10/08/2018).. In their communication of 10/08/2018 Ceredigion Council ignored all the questions I asked the internal reviewer to cover in relation to the responses to my original FOI requests (FOI Reference AD/13547 and FOI Reference 790340). Ceredigion Council then went on to say ,in their communication of 10/08/2018, that they had no further comments to make . Ceredigion Council then explained in the letter (regarding matters outside the Freedom of Infprmation Act) that it is not always possible to resolve matters to the satisfaction of SERVICE USERS (IE CEREDIGION COUNTY COUNCIL WERE NOT CARRYING OUT AN INTERNAL REVIEW OF THE 2 FOI REQUEST BUT WERE TREATING THE INTERNAL REVIEW AS A CUSTOMER ENQUIRY/ COMPLAINT UNDER THE CEREDIGION COUNCIL CUSTOMER CHARTER ).

(7) FAILURE TO SUPPLY REQUESTED DOCUMENTION

See addendum 1 (request 781192) and Questions 5 and 6 . The documentation requested in question 5 was supplied 91 days after the request was made. Ceredigion Council have still not supplied the documentation requested in question 6 more than 100 days after the request was made.

REQUEST FOR INVESTIGATION

I would request that the Information Commissioner investigates the non compliance with the FOIA guidlines by Ceredigion Council. I would also point out to the Information Commissioner that the behaviour of Ceredigion Council followed on from the Welsh Government successfully employing refusal to answer Freedom of Information requests on the grounds that they were “vexatious”. This “vexatious” excuse was first used by the Welsh Government on 19/02/2018 and Ceredigion Council began using Customer Enquiry responses, (under the Ceredigion Council Customer Charter for Ceredigion Service Users), on 11/04/2018 when they acknowledged my request of 23/03/2018 (after 16 working days of deliberation) . Ceredigion Council could not use the “”vexatious” excuse because the Welsh Government evidence for “”vexatious” behaviour all related to Simon Jones (Welsh Government Director of Transport) knowledge of the details of a complaint of Breach of the Ministerial Code by his Minister, (made in October/November 2017), which rather oddly was dealt with by the same Simon Jones. If the Question of “vexatious” requests had been dealt with in Feberuary 2018, I do not believe Ceredigion Council would have been tempted to behave in the way they have done.

Yours Sincerely ,

Dr John McTighe

ADDENDUM 1 INFORMATION REQUEST “”CEREDIGION COUNCIL FOI TRAWSCYMRU

T2 TIMETABLE CHANGES OF 15/01/2018 AND A T3 ROUTE TO ABERYSTWYTH INSTEAD OF BARMOUTH (781192)””

The request was made on 23/03/2018 asking the following 13 questions:-

(NB In brackets is the split made by Ceredigion Council into an FOI request and a Customer Enquiry.. Five of the 13 questions were considered to be FOI requests and the rest customer enquiries. The responses were received on 20/04/2018 after 20 working days and a request for internal review was made on 20/05/2018. The request for internal review was replied to in a letter dated 31/07/2018 after 91 working days (see attached letter alunwilliams31072018) for the FOI element and on 10/08/2018 for the customer enquiry element (see attached letter ceredigionallun2will10082018)

The 13 questions in the FOI request are shown below with those

considered to be FOI in red. . The response to the request and the

internal review response are also shown against the questions considered

to be FOI

(1) Could Ceredigion Council please supply me with all the emails from

01/12/2017 to 15/01/2018 between Ceredigion Council and Gwynedd,

Powys, Denbighshire and Wrexham Local Authorities and the Welsh

Government that relate to the discussions/consultations on the T2

timetable changes of 15/01/2018, as described in your reply of

21/03/2018 (all consultations took place on 07/12/2017?). .(FOI)

Response supplied 20/04/2018 after 19 working days. The response was a

refusal to supply based on an exemption Section 41(1) that release would

be a breach of confidence.

Request for Internal review on 20/05/2018 based on the fact that issues

regarding bus timetable changes were not confidential

Internal Review on 31/07/2018 after 91 working days upheld the refusal

(2 Could Ceredigion Council please tell me whether the T2 timetable

change of 15/01/2018 to the last T2 arrival of the day in Aberystwyth

was requested by Ceredigion Council.? The arrival time in Aberystwyth

was changed from 18.40 to 18.50 in order to AVOID making a connection

with the T1 departure from Aberystwyth to Carmarthen at 18.40. This was

done by an unnecessary 5 minute stop in Machynleth and a detour off the

A487 in Aberystwyth through the village of Comins Coch and the

Aberystwyth Waunfawr estate. Could Ceredigion Council please also tell

me whether a detour off the A487 in Aberystwyth through the village of

Comins Coch and the Aberystwyth Waunfawr estate.was requested by

Ceredigion Council? Could Ceredigion Council please tell me whether

they agree with thiis arrival time change from 18.40 to 18.50 ?

(Customer Enquiry)

(3) Could Ceredigion Council please tell me whether the T2 timetable

change of 15/01/2018 for the T2 to depart Aberystwyth at 10.00am instead

of 10.05 was requested by Ceredigion Council.? The 10.05 T2 departure

time was introduced by the previous Transport Minister (Edwina Hart) in

2016 to improve connectivity of the T5 with the T2. Could Ceredigion

Council please tell me whether they agree with the removal of this

improvement ? (Customer Enquiry)

(4) Could Ceredigion Council please tell me whether the T2 timetable

change of 15/01/2018 were discussed by Ceredigion Council with

Carmarthenshire Council in respect of the effects of the changes on the

T2 connections in Aberystwyth. with the T1 service to Carmarthen?

(Customer Enquiry)

(5) Could Ceredigion Council please supply me with a copy of the letter

written by Alun Williams to Ken Skates on 24/10/2017, which I asked him

to send , and which resulted in a reply from Ken Skates ,the Minister

for Transport , commissioning a “high level” review of the Wrexham

to Aberystwyth route.(FOI)

Response supplied 20/04/2018 after 19 working days “”Ceredigion

Council do not hold a copy of this letter””

Request for Internal review on 20/05/2018 asking Ceredigion Council to

check they did not have a copy

Internal Review Response supplied on 31/07/2018 after 91 working days

Ceredigion Council said “”This letter has been issued to you

previously by Clr Alun Williams.(Not True) I am of the view that

Ceredigion Council do hold the information and I provide a copy of the

email as per your request “”. The correct letter was provided to me

but the reviewer include at the end of the letter a disgraceful remark

that “”I should ensure I retain documents issued to me by the

Council””

(6) Could Ceredigion Council please supply me with a copy of the reply

from Councillor Alun Williams to Ken Skates, the Transport Minister

regarding the commissioning of a “”high level”” review to route

the T3 from Wrexham to Aberystwyth instead of Barmouth, which was

promised by the Minister for Transport, Ken Skates, to Councillor Alun

Williams on 14/11/2017 and which Ceredigion Council are now refusing to

pursue .(FOI)

Response supplied 20/04/2018 after 19 working days “You state in your

correspondence of 23rd March that you already hold a copy of this letter

“” (Not True)

Request for Internal review on 20/05/2018 . I pointed out to Ceredigion

Council that _“”This is a deliberate misinterpretation of my

question. On 17/11/2017 Alun Williams sent me a copy of Ken Skates

letter of 14/11/2017 which commissioned a “high level” review of a

T3 Aberystwyth to Wrexham route. I have received no letters whatsoever

written by Alun Williams to Ken Skates. My question asked for a copy

of the reply from Councillor Alun Williams to Ken Skates, the Transport

Minister regarding the commissioning of a “”high level””

review to route the T3 from Wrexham to Aberystwyth instead of Barmouth,

My question did not ask for a copy of the letter from Ken Skates to Alun

Williams which as you point out I have already received. If we are to

believe Ceredigion Council the only documentation in existence at

Ceredigion Council on a “high level” review of a T3 Aberystwyth to

Wrexham route is Ken Skates letter of 14/11/2017 . __?__ Could you

please check again and provide a copy of the reply from Alun Williams to

Ken Skates letter of 14/11/2017 ?. If you do not find a copy of the

letter could you please explain why Ceredigion Council does not hold a

copy of this letter ? Have Ceredigion Council checked Alun Williams

emails after 1__4/11/2017 to see whether his letter to Ken Skates was

sent by email ?_

Internal Review Response supplied on 31/07/2018 after 91 working days

“”This letter has been issued to you previously by Clr Alun

Williams.(Not True) and I have decided to issue a further copy but you

should ensure you retain documents issued to you by the Council””.

The document then sent to me on 31/07/2018 by the internal reviewer

was a second copy of Ken Skates letter to Alun Williams offering a

“high level” review to introduce Trawscymru T3 services from

Aberystwyth to Wrexham. This is a clear example of deliberate

obstruction and not releasing the documentation requested..

I have still not received a copy of Alun Williams reply to Ken Skates

letter of 14/11/2017 offering to involve Ceredigion Council in a “high

level” review of Trawscymru T3 services from Aberystwyth to Wrexham.

(7) Could Ceredigion Council please state the reason that Ceredigion

Council are refusing to pursue the option of a “”high level””

review to route the T3 from Wrexham to Aberystwyth instead of Barmouth,

which was promised by the Minister for Transport, Ken Skates, to

Councillor Alun Williams on 17/11/2017 and which was the

recommendation of the Bevan Foundation Independent Review of Trawscymru.

(Customer Enquiry)

(8) Could Gerwyn Jones please state his reasons for saying that my

suggestions ( to follow the published Welsh Government Transport

strategy and the Bevan Foundation Independent Review recommendation with

respect to the T1/T2/T3 services ) are , in the words of Gerwyn Jones,

“”_detrimental to the overall network and for the passengers from

and beyond Ceredigion.””_ (Customer Enquiry )

(9) In view of the theories expounded by Gerwyn Jones on the detriments

of the Welsh Government Transport Strategy and the Bevan Foundation

Independent Review recommendation., could Gerwyn Jones please state

which group of passengers (ie passengers on the T1/T2/T3/T5 services)

benefitted from the T2 timetable changes of 15/01/2018 and whether the

changes were “”beneficial to the overall network and for the

passengers from and beyond Ceredigion.””. (Customer Enquiry)

(10) Could Ceredigion Council please state who, within Ceredigion

Council, made the decision to refuse to pursue the commissioned

“”high level”” review of the Wrexham to Aberystwyth route.

(Customer Enquiry)

(11) Could Ceredigion Council please state whether the refusal to pursue

the commissioned “”high level”” review of the Wrexham to

Aberystwyth route is a Council policy decision by Councillor Alun

Williams and/or Ceredigion Council or whether it is a decision that has

been taken by a Council official (Gerwyn Jones or Shan Witts? ).

(Customer Enquiry)

(12) Have Ceredigion Council written to the Welsh Government to say they

are refusing to pursue the commissioned “”high level”” review

of the Wrexham to Aberystwyth route and if so could Ceredigion Council

please supply me with a copy of the letter..(FOI)

Response supplied 20/04/2018 after 19 working days “”No such letter

has been written””

(13) Could Ceredigion Council please supply me with all the emails from

14/11/2017 to 21/03/2018 between Ceredigion Council and the Welsh

Government regarding the “”high level”” review to examine the

T3 route from Wrexham to Aberystwyth , which was commissioned by the

Minister for Transport, Ken Skates, in his letter to Councillor Alun

Williams on 17/11/2017 and which Ceredigion Council are now refusing to

pursue .(FOI)

Response supplied 20/04/2018 after 19 working days “”No such emails

exist””

END OF ADDENDUM 1

ADDENDUM 2 AN FOI REQUEST SENT ON 20/05/2018 , never acknowledged and

never replied to . Possibly referred to on 10/08/2018 in the letter

regarding Customer Enquiries/Complaints

RECOMMENDED T3 ROUTE BETWEEN ABERYSTWYTH AND WREXHAM AND LACK OF T2/T1

(BANGOR TO CARMARTHEN) CONNECTIVITY IN ABERYSTWYTH

20/05/2018 – 16:26

Dear Alun Williams,

On 24/04/2018 the First Minister of Wales made a statement to the Welsh

Assembly saying _“”regarding the question of whether we’re

planning to expand the service, that is true; we are at present working

with local authorities to look at new routes, namely Bangor to Chirk and

Oswestry, and also from Wrexham to Newtown””_

On 16/05/2018 I was informed by Gwynedd Council that Ceredigion Council

are a partner in the Trawscymru T2/T3 Service Delivery Group.

I wish to place a Freedom of Information Request (not a “query”

under the Ceredigion Customer Charter) regarding a recommended new T3

route between Wrexham and Aberystwyth and lack of connectivity in

Aberystwyth on the T2/T1 (Bangor to Carmarthen) services .

RECOMMENDED NEW T3 ROUTE BETWEEN WREXHAM AND ABERYSTWYTH

On 14/11/2017 Ken Skates in a letter sent to Alun Williams, Ceredigion

Councillor for Transport commissioned a “high level” review of a T3

Trawscymru Aberystwyth to Wrexham route. The “high level” review was

in line with the recommendation of an independent report on Trawscymru

by the Bevan Foundation, which said the T3 route should run from Wrexham

to Aberystwyth and not from Wrexham to Barmouth.

Ceredigion Council say that, despite six months elapsing since the

commissioning of the “high level” review, Ceredigion Council hold no

documentation whatsoever on the “high level” review, and they have

not been involved in any discussions on a “high level” review . The

Ceredigion Group Manager Local Environment Services has said _“”we

feel this should not be pursued at this time”_”. However a

Ceredigion Senior Business Support Officer has recently contradicted

this by saying _“”The decision to not pursue the __commissioned

“high level” review of a T3 Trawscymru Aberystwyth to Wrexham route

is not a decision for Ceredigion Council and no such decision has been

made.__ Ceredigion Council will engage with a review if, as, and when

required “”_

The First Minister of Wales in April 2018 announced in the Welsh

Assembly that two new Trawscymru routes were under consideration neither

of which involved a route to Aberystwyth. In February 2018 I informed

Ceredigion Council that the “high level” review of a T3 Trawscymru

Aberystwyth to Wrexham route was being ignored, but Ceredigion Council

have refused to complain and have refused to raise the subject with the

Welsh Government.

I would wish therefore to ask the following FOIA questions of Ceredigion

Council :-

(1) Are Ceredigion Council a partner in the Trawscymru T2/T3 Service

Delivery Group?

(2) Who are the other partners in the Trawscymru T2/T3 Service Delivery

Group?

(3) Do the partners in the Trawscymru T2/T3 Service Delivery Group agree

changes to the T2 and T3 timetables?.

(4) If the answer to (3) is not “yes” could Ceredigion Council say

who does agree changes to the T2 and T3 timetables?.

(5) Are meetings held involving the partners of the Trawscymru T2/T3

Service Delivery Group ? .

(6) If meetings of the Trawscymru T2/T3 Service Delivery Group are held

could you tell me the dates on which they have been held between

14/11/2017 (when Ken Skates commissioned a “high level” review of a

T3 Trawscymru Aberystwyth to Wrexham route) and the present.? Did

Ceredigion Council attend any such meetings of the Trawscymru T2/T3

Service Delivery Group?

(7) Are meeting minutes produced for the Trawscymru T2/T3 Service

Delivery Group and if so do Ceredigion Council hold copies of those

minutes and are they available for public examination ?

(8) If meetings are not held or if meeting minutes are not produced how

is the business carried out by the Trawscymru T2/T3 Service Delivery

Group recorded?.

(9) Has the subject of the “high level” review of a T3 route from

Aberystwyth to Wrexham every been raised or discussed by any of the

partners in the Trawscymru T2/T3 Service Delivery Group?.

(10) If the subject of the “high level” review of a T3 route from

Aberystwyth to Wrexham has been raised or discussed by any of the

partners in the Trawscymru T2/T3 Service Delivery Group is there any

documentation available on this subject from the Trawscymru T2/T3

Service Delivery Group which can be released? .

(11) If the answer to (9) is “no” or “not specifically” could

Ceredigion Council say why they did not raise the subject of the “high

level” review of a T3 route from Aberystwyth to Wrexham with the

Trawscymru T2/T3 Service Delivery Group ?.

(12) If the subject of the “high level” review of a T3 route from

Aberystwyth to Wrexham was raised in the Trawscymru T2/T3 Service

Delivery Group, could Ceredigion Council provide the content of the

consultation/discussion?.

(13) In January 2018 extra T3 services were introduced on the Wrexham to

Barmouth route, and the holding back of the T2 Bangor to Aberystwyth

services was increased by a further 5 minutes, (to wait in Dolgellau for

the T3 service from Wrexham). Could Ceredigion Council say why they did

not question this action with the T2/T3 Service Delivery Group, when

Ceredigion Council were aware of the commissioning of the “high

level” review of a T3 route from Aberystwyth to Wrexham by Ken Skates

in November 2017, which was communicated to Councillor Williams by

letter from Ken Skates on 14/11/2017 ? .

(14) Ceredigion Council say they hold no documentation on the subject of

the “high level” review of a T3 route from Aberystwyth to Wrexham.

Could Ceredigion Council say whether the subject has been raised in

Council meetings or in Council Committee meetings. For example before

Councillor Alun Williams wrote to Ken Skates was the subject covered in

such meetings within Ceredigion Council and after Ken Skates

commissioned the “high level” review and wrote to Alun Williams on

14/11/2017 was the subject covered in such meetings within Ceredigion

Council ?. Is there no documentation anywhere within the Council on the

subject of the “high level” review of a T3 route from Aberystwyth to

Wrexham ? .

(15) In view of the 24th April 2018 announcement by the First Minister

regarding the 2 new Trawscymru routes under review which do not involve

new routes in Aberystwyth , will Ceredigion Council {a) discuss the

lack of action on the “high level” review in Council and/or (b)

contact the Welsh Government to ask why the “high level” review has

not taken place ?.

LACK OF CONNECTIVITY IN ABERYSTWYTH ON THE T2/T1 (BANGOR TO CARMARTHEN)

SERVICES

On 16/05/2018 I was informed by Gwynedd Council that Ceredigion Council

are a partner in the Trawscymru T2/T3 Service Delivery Group.

Gwyned Council have previously said that they manage the T2 service

contract (Bangor to Aberystwyth), that Ceredigion Council are partners

in the T2 contract and that the changes in January 2018 to the

Trawscymru T2 timetable were agreed by all partners. Powys Council have

said they are partners to the T2 contract. Ceredigion Council say they

are NOT partners to the T2 contract and the changes in January 2018 to

the Trawscymru T2 timetable was not subject to Ceredigion County

Council’s agreement.

In 2016 Carmarthenshire Council who manage the T1 service contract

(Aberystwyth to Carmarthen) said that Ceredigion Council were partners

in the T1 service contract and that a copy of the T1 contract had been

supplied to Ceredigion Council. In response to a request to change the

T1 departure time in Aberystwyth from 18.40 to 18.45 to allow the T2

15.35 departure from Bangor to arrive in Aberystwyth at 18.40 and

connect with a new T1 18.45 departure, Carmarthenshire Council said they

did not object to the change but pointed out the consequences, (which

was a reduction of the connection time at Carmarthen station to the last

train to Cardiff from 10 minutes to 5 minutes). Carmarthenshire Council

said a change to T1 departure in Aberystwyth to 18.45 could only be made

if all the contract partners agreed to the change Ceredigion Council

who were partners in the T1 service contract then objected to the change

to departure time in Aberystwyth . The change to T1 departure time of

18.45 was not made and the T2/T1 (Bangor to Carmarthen) connection at

18.40 in Aberystwyth remained precarious. In 2016 Ceredigion

Council were therefore partners in the T1 service contract and the

Trawscymru T1 timetable was subject to Ceredigion County Council’s

agreement. In 2018 Ceredigion Council say they are not partners to

the T2 contract and the changes in January 2018 to the Trawscymru T2

timetable were not subject to Ceredigion County Council’s agreement.

However in 2018 Ceredigion Council is now a partner in theTrawscymru

T2/T3 Service Delivery Group.

I therefore wish to ask the following questions of Ceredigion Council :-

(16) Can Ceredigion Council explain why in 2016 in relation to the T1

service contract , Ceredigion Council were partners in the T1 service

contract managed by Carmarthenshire Council and changes to the T1

timetable were subject to Ceredigion Council agreement, whilst in 2018

in relation to the T2 service contract Ceredigion Council say exactly

the opposite.? In 2018 Ceredigion Council say they are not partners

to the T2 service contract and T2 timetable changes are not subject to

Ceredigion County Council’s agreement. Can Ceredigion Council also

explain why in 2018 both Gwynedd Council (who manage the T2 contract)

and Powys Council who is a partner in the T2 contract believe that

Ceredigion Council is a partner to the T2 contract and that all partners

agreed to the January 2018 T2 timetable changes.?

(17) Are Ceredigion Council partners in any other Service Delivery

Groups like the Trawscymru T2/T3 Service Delivery Group ?

(18) Is there a Service Delivery Group associated with the T2/T1

services, which should connect in Aberystwyth ?.

(19) If there is no T2/T1 Service Delivery Group could Ceredigion

Council say how they address connectivity problems between T2 and T1 in

Aberystwyth ?. Which Service Delivery Group or organisation(s)

/individual(s) should deal with issues of T2/T1 connectivity in

Aberystwyth ? .

(20) Is there a Service Delivery Group group associated with the T2/T5

services which both provide services into and out of Aberystwyth ?.

(21) In consultations on the January 2018 changes to the T2 timetable,

(which were carried out for the benefit of passengers on the T3 service

from Wrexham) did Ceredigion Council inform the Trawscymru T2/T3

Service Delivery Group that (a) the T2 timetable changes were

detrimental in 4 instances to T2/T1 connecting services in Aberystwyth

and (b) that 2 of the changes made to the T2 service in January 2018

reversed actions to improve T2/T1 connectivity in Aberystwyth taken by

the previous Transport Minister (Edwina Hart) and the Traffic

Commissioner for Wales ?.

(22) If the answer to (21) is “No” or “Not Specifically” could

Ceredigion Council give the reason that the above 2 issues ,(a) and (b),

were not raised by Ceredigion Council with the Trawscymru T2/T3 Service

Delivery Group ?.

(23) Ceredigion Council have said they did not discuss the January 2018

changes to the T2 timetable with Carmarthenshire Council (who manage the

T1 Aberystwyth to Carmarthen service contract), despite the fact that

the T2 timetable changes were detrimental in 3 instances to T1

connecting services to Carmarthen in Aberystwyth and despite the fact

that Carmarthenshire Council are not members of the Trawscymru T2/T3

Service Delivery Group . Could Ceredigion Council give the reason why

the changes detrimental to T1 connecting services in Aberystwyth were

not discussed with Carmarthenshire Council ? .

(24) In Dolgellau there is a Quality Partnership Agreement in place

which allows the T2 (Bangor to Aberystwyth ) service to wait 5 minutes

beyond its departure time to wait for late running T3 services from

Wrexham. Could Ceredigion Council say whether, as a partner in the

Trawscymru T2/T3 Service Delivery Group, Ceredigion Council agreed to

this Quality Partnership Agreement?

(25) I appreciate that there is no connectivity in Aberystwyth between

Trawscymru T1 and T2 services going Northwards. However could

Ceredigion Council say whether a Quality Partnership Agreement for

connections in Aberystwyth on the T2/T1 route going South (ie the T1

Carmarthen service to wait for late running T2 services into

Aberystwyth from Bangor/Dolgellau) has been discussed by Ceredigion

Council with the Trawscymru T2/T3 Service Delivery Group and

Carmarthenshire Council (who manage the T1 contract) ? .

YOURS SINCERELY

John McTighe

END OF ADDENDUM 2

> —-Original message—-

> From : john.mct@btinternet.com

> Date : 25/08/2018 – 15:22 (GMTST)

> To : Ken.Skates@assembly.wales, David.Hall@wales.gsi.gov.uk,

> Carwyn.Jones@assembly.wales, Elin.Jones@assembly.wales,

> correspondence.ken.skates@gov.wales, Simon.Jones@gov.wales,

> carwyn.jones@gov.wales

> Cc : MHolley@divcom.co.uk, alun.cairns.mp@parliament.uk,

> ben.lake.mp@parliament.uk, welshnews@dailypost.co.uk,

> mims.davies.mp@parliament.uk, ifan.morgan.jones@nation.cymru,

> newsdesk@gwent-wales.co.uk, victoria.winckler@bevanfoundation.org,

> lee.day@westerntelegraph.co.uk, dla@swguardian.co.uk,

> wales@labour.org.uk, info@omnibus-society.org,

> steve.adams@tivysideadvertiser.co.uk, edit@cambrian-news.co.uk,

> xray@bbc.co.uk, support@transportxtra.com, newsdesk@walesonline.co.uk,

> enquiries@radioceredigion.wales, editor@northwaleschronicle.co.uk,

> editorial@passengertransport.co.uk, postnews@mediawales.co.uk,

> editor@westwaleschronicle.co.uk, haveyoursay@bbc.co.uk

> SUBJECT : WHY HAS KEN SKATES “HIGH LEVEL ”REVIEW” OF THE

> TRAWSCYMRU ABERYSTWYTH TO WREXHAM ROUTE NOT BEEN CARRIED OUT?

> (INTERNAL REVIEW (ATISN 12559)

> Dear Ken Skates,

> On 09/07/2018 I received an unsolicited letter from the Trawscymru

> Network Manager which contained a document titled “Suggested Action

> plan – Professor Stuart Cole”. The Trawscymru Network Manager

> said in the letter of 09/07/2018 that the document titled

> “Suggested Action plan” was a “high level” review of the

> Trawscymru Wrexham to Barmouth route and that in carrying out this

> “high level” review” Professor Stuart Cole had recommended that

> no Trawscymru Services should be provided between Aberystwyth and

> Wrexham. The Trawscymru Network Manager also said that this was the

> “position of the Trawscymru Strategic Management Board”. The

> document titled “Suggested Action plan – Professor Stuart

> Cole”. which the Trawscymru Network Manager provided to me on

> 09/07/2018 consisted of one page which made no mention of the

> Aberystwyth to Wrexham route.( see attached document

> scoleT3review09072018)

> The history of the “high level” review is that on 14/11/2017 the

> Cabinet Secretary for Economy and Transport , (Ken Skates) wrote to

> the officer responsible for Transport in Ceredigion Council and said

> that he had commissioned a “high level”review _“”to identify

> the benefits and operational feasibility of introducing additional

> Trawscymru T3 services from Aberystwyth to Wrexham linking in with

> existing bus/rail services and that Ceredigion County Council would be

> involved in the “high level” review.”” _. (see enclosed letter

> kskates14112017). The “high level” review was commissioned by Ken

> Skates following revelation that the same review had been recommended

> by the Bevan Foundation Review of Trawscymru in 2013 and had not been

> carried out by Welsh Government officials.

> After receiving the document “Suggested Action plan” dated

> 09/07/2018 I placed Information requests with both the Welsh

> Government and Ceredigion Council. The FOI request to the the Welsh

> Government consisted of 2 requests. One request was to the Trawscymru

> Network Manager (on 15/07/2018) asking for an explanation of some of

> the statements in his unsolicited letter of 09/07/2018 and the other

> request was to the Cabinet Secretary for Economy and Transport on

> (13/07/2018) asking for an explanation of the role of the Trawscymru

> Strategic Management Board in the “high level” review and why a

> “high level ”review” of the Aberystwyth to Wrexham route had not

> been carried out by the Minister’s officials . Your Director for

> Transport (Simon Jones) has provided the response to both the request

> to the Trawscymru Network Manager and the request to the Cabinet

> Secretary for Economy and Transport

> The request to the Trawscymru Network Manager on 15/07/2018 was

> replied to, not by the Trawscymru Network Manager, but by Simon Jones

> (ATISN 12498.dated 07/08/2018 after 16 working days) in which he

> indicated that _“”no information was held on the 13 questions in

> the request, but even if there were information in existence he would

> withhold the information because the request was vexatious””._

> It would seem to be a very strange situation where a Government

> official (the Trawscymru Network Manager) writes an unsolicited letter

> to a member of the public making very detailed statements about

> Trawscymru service changes made in January 2018 , and when the member

> of the public asks questions regarding those detailed statements Simon

> Jones leaps in and says _“”No Information held and even if there

> were information held it would not be released as your request is

> vexatious”” _

> Simon Jones has also replied to the request made on 13/07/2018 to the

> Cabinet Secretary for Economy and Transport . (ATISN 12559 dated

> 24/08/2018 – see attached file simonjones24082018) and I wish to ask

> for an internal review of that reply. Better late than never they

> say – the reply came without an acknowledgement 30 working days

> after the request was made. The request was made on 13/07/2018 to

> the 2 email addresses of Ken Skates (his Assembly Member address and

> his Welsh Government address). Simon Jones says the Minister/Welsh

> Government has received neither of the email copies sent on

> 13/07/2018 to his 2 email addresses, but the Minister did receive the

> email as an attachment on 12/08/2018 when I sent the Minister a

> reminder, (to the Minister’s same 2 email addresses – Assembly Member

> address and Welsh Government address), asking for a reply. Simon

> Jones claims that the Minister received neither of the 2 email

> copies and therefore the statutory deadline for a response is

> 10/09/2018.

> Following the unsolicited letter from the Trawscymru Network Manager

> (on 09/07/2018) Ceredigion Council have subsequently said (on

> 10/08/2018) that Ceredigion Council need answer no further questions

> regarding the “high level” review” of the Aberystwyth to

> Wrexham route or answer questions on any other issue relating to

> Trawscymru bus services . Ceredigion Council need to answer no

> further questions on any issue because they say a Welsh Government

> official has told Ceredigion Council that I am _“”in direct

> contact with the Trawscymru Strategic Management Board and this board

> will address all my concerns regarding provision of Trawscymru bus

> services”” ._ Ceredigion Council are saying they do not need to

> answer questions because the Welsh Government official says that I am

> in direct contact with the Trawscymru Strategic Management Board,

> whereas Simon Jones on behalf of the Welsh Government states that the

> Welsh Government will not answer questions relating to the role of the

> Trawscymru Strategic Management Board and I certainly have had no

> direct contact with the Trawscymru Strategic Management Board.

> Ceredigion Council have also said that Ceredigion Council have not

> been involved in a “high level”review” of the Aberystwyth to

> Wrexham route, despite the pledge by the Cabinet Secretary for Economy

> and Transport in his commission of the “high level” review on

> 14/11/2017 that Ceredigion Council would be involved in the review.

> In Simon Jones response of 24/08/2018 to the FOI request he quotes the

> Welsh Government “high level” review document (

https://beta.gov.wales/sites/default/files/publications/2018-08/summary-of-recommendations-by-professor-stuart-cole.pdf),

> which was published on 09/08/2018. This document is not the same

> document that was provided to me on 09/07/2018. The document

> published on the Welsh Government website on 09/08/2018 has a

> different title “”Summary of recommendations by Professor Stuart

> Cole”” and has an additional preamble (titled “Scope of

> Review”) which states _“”Professor Stuart Cole was

> __commissioned to undertake a short ‘High Level Review’ of the

> TrawsCymru T3 route which currently links Wrexham to Barmouth. and

> consider the broad strategic merits of operating new direct TrawsCymru

> T3 journeys linking Wrexham to Aberystwyth (as opposed to

> Barmouth””._ This preamble is not in the document provided to me

> on 09/07/2018 by the Trawscymru Network Manager and this preamble has

> been inserted following my information requests of 13/07/2018 to the

> Minister. The statement “”_consider the broad strategic merits

> of operating new direct TrawsCymru T3 journeys linking Wrexham to

> Aberystwyth (as opposed to Barmouth”” _has been inserted into

> the 09/08/2018 document after my information request was made on

> 13/07/2018. There is no evidence in either the document provided to

> me on 09/07/2018 or the document published on the Welsh Government

> website on 09/08/2018 that any investigation has been carried out on a

> Trawscymru Aberystwyth to Wrexham route. Neither of these 2 documents

> quote any investigation of the broad strategic merits, any conclusion,

> any recommendation on a Trawscymru Aberystwyth to Wrexham route. The

> “high level ”review” of the Aberystwyth to Wrexham route

> commissioned by the Minister in a letter to Ceredigion Council on

> 14/11/2017 has therefore not been carried out and has been replaced by

> a “short” “high level ” review of the T3 Wrexham to Barmouth

> service . The Bevan Foundation independent review of Trawscymru in

> 2013 recommended a Trawscymru Aberystwyth to Wrexham route. That

> review recommendation was ignored by Welsh Government officials and

> now the Transport Minister has commissioned a “high level”

> review” of the Aberystwyth to Wrexham route on 14/11/2017, which

> again has been completely ignored by his officials.

> In the response to request ATISN 12559 Simon Jones states that in the

> case of 4 of the 23 questions (5,6,7 and 23) the Welsh Government hold

> no information. Questions 5,6 and 7 relate to meetings of the

> Trawscymru Strategic Management Board. In the case of the other 19

> questions he refuses to answer questions on the “high level”

> review” and the role of the Trawscymru Strategic Management Board

> because the requests are vexatious. I would request that the Welsh

> Government carry out an internal review of ATISN 12559 on the

> following grounds

> Grounds for internal review of questions 5,6,7

> Could the reviewer please check the Trawscymru Strategic Management

> Board minutes between 14/11/2017 and now to determine whether the

> “joint position” of Trawscymru Strategic Management Board members

> has been discussed and minuted at any meeting

> Grounds for internal review of the remaining 19 questions .

> Could the reviewer please consider the following :-

> (1)The requests are not vexatious and relate to the “high level”

> review” document sent to me by the Welsh Government .

> (2) The requests were prompted by an unsolicited letter from the

> Trawscymru Network Manager which provided the document.

> (3) The letter from the Trawscymru Network Manager contained a

> document which the Trawscymru Network Manager said covered a “high

> level ”review” of the Aberystwyth to Wrexham route commissioned by

> the Minister in a letter to Ceredigion Council on 14/11/2017.

> (4) The questions to the Minister are therefore legitimate questions

> requesting information from the Minister on why a “high level

> ”review” of the Aberystwyth to Wrexham route has not been carried

> out by his officials.

> Yours Sincerely,

> Dr John McTighe __

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