Back again to the libel amendments to Carmarthenshire's Constitution. I have now had a copy (thanks to, and via, Rhodri Glyn Thomas AM) of the Final Guidance (Providing Indemnities for Members and Officers) issued to authorities some time ago. This was issued to clarify the Wales Order for Indemnities 2006, adopted (and so soon after, kicked in the teeth) by Carmarthenshire Council in November 2006, Below is the covering letter from the Welsh Minister for Local Government and the relevant paragraphs of the Guidance (please click on each to enlarge, the second link wasn't working but is now);
I now reach several conclusions;
1. It now appears that the Welsh Assembly, no matter how firm their guidance is against Carmarthenshire Council's unlawful and immoral actions with regards to the Constitution, actually have no power to force a retraction of this amendment. I assume that this is the legislative nature of the Assembly rather than a reluctance to act. Without doubt, Carmarthenshire Council Executive officers continue to treat elected Members, of all levels, with equal contempt.
2. I find it quite ridiculous that the case law used by the Welsh Assembly to warn against instigating libel actions is the very same case law used by the council as a basis for their actions. This is an abuse of process and an abuse of the law. The Assembly also warn against using existing power under the 1972 Local Government Act as this would be open to legal challenge.
3. The amendment itself, whilst achieving it's central purpose of having a chilling effect on the local press, members of the public, campaign groups and politicians, would be immediately challenged in law should it ever be invoked (again).
4. Certain senior Council officers clearly see the funding of extortionate libel actions to be a perfectly reasonable use of taxpayers money.
I continue with my campaign.
I would be interested to hear other peoples views on this matter so please respond - including those with legal knowledge. Please also search this blog for further posts on the Constitution change - my argument is not built on sand.
http://hansard.millbanksystems.com/commons/2002/apr/16/local-authorities-libel-actions (MP response to the libel case and Judicial Review which formed the basis for Carmarthenshire's amendments)
"...I turn now to the maintenance by a local authority of libel actions. I strongly oppose that, because the use of public money to suppress public criticism would fundamentally undermine freedom of expression and, therefore, democracy itself. If a Government or a local council disagree with comments made, they have suitable avenues open to them to obtain a remedy without recourse to litigation. The normal and healthy response is to investigate the complaint, debate the issues openly and issue a rebuttal in the media.
Public criticism of an officer or councillor may sometimes be harsh and unfair, but that is an occupational hazard. The more senior the individual in an organisation, the better one would expect that to be understood. If a council considers a particular instance worthy of an investigation and a reasonable response, it has the means to pursue such a course of action; supporting and maintaining a defamation action is clearly beyond reasonable."
Blogpost; Carmarthenshire Council - Champions of Libel Law
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