Head of TUC Cymru may seek by-election candidacy if Gething quits the Senedd early

Martin Shipton

Shav Taj, the general secretary of TUC Cymru, has confirmed that she has had informal conversations with people in the Labour Party about the possibility of standing in a Senedd by-election if Vaughan Gething resigns his seat early.

The former First Minister, who resigned in August 2024 after less than five months in the role amidst a series of scandals, announced a month after stepping down that he would not be seeking re-election at the 2026 Senedd election.

But Nation.Cymru has heard from multiple sources in the Labour Party that he may trigger a by-election in his Cardiff South and Penarth constituency by quitting sooner.

Sources have suggested that he wants a leading role in an investment summit announced by First Minister Eluned Morgan, and may quit if he doesn’t get it.

Colleagues have also described his attitude as largely disengaged from the Senedd since Baroness Morgan decided against offering him a Cabinet role and he became a backbencher.

Senior figures 

We were told that Ms Taj had been approached by senior figures in the Labour Party to see whether she would be prepared to stand in a by-election, if it is called.

She told us that there had been no formal approach, but that there had been “informal conversations”.

Asked about the speculation that Mr Gething may resign his seat, she said: “The whole of Cardiff seems to know about this. I don’t know whether he’s going to stand down or not , and I haven’t discussed it with him.”

Asked whether she would be prepared to stand in a by-election, she said: “It would be an option, but others may be interested in standing, including Huw Thomas [the leader of Cardiff council].

She confirmed that she was seeking selection to be a Labour candidate at next year’s Senedd election.

The by-election, if it happens, would be fought on old boundaries, while in next year’s election Cardiff South and Penarth will form a “super constituency” with Cardiff West, electing six MSs using the closed list system of proportional representation.

Ms Taj said: “I want to see extended employment rights for workers rolled out in Wales.

“I also think we have a massive job to do in exposing Reform UK for the policies they have which are against the interests of ordinary people. One of the problems we have is that to a large extent they have control of social media and are able to put across messages that don’t reflect what they would do if they got into power.

“They give the impression they would spend more on public services, while they actually stand for massive spending cuts that would put huge numbers of public sector workers out of work.

“We even have people in the trade union movement saying they are attracted by Reform. We have to educate people about what Reform really stands for and we have started that through education programmes.

“In September we shall be holding a conference titled Rebuilding Unity to take these initiatives forward.”

Advice

Meanwhile a Labour source has argued that Mr Gething should have sought advice from ACOBA (the Advisory Committee on Business Appointments) before making representations on behalf of the Cardiff Parkway project, which entails the creation of a new train station and business park at St Mellons in the east of Cardiff.

Nation.Cymru has been told that Mr Gething is interested in getting a job with Rolls Royce, which intends to create 100 white collar jobs at the business park owned by businessman Nigel Roberts. It’s intended that the St Mellons office would have an involvement with the company’s nuclear weapons and nuclear energy ambitions. Mr Gething helped set up a Senedd cross-party group on nuclear energy, which he chairs.

A briefing document sent to us by a Labour source contains a series of questions and answers:

Q Was Vaughan Gething required to seek ACOBA advice?

A Yes. According to paragraph 7.25 of the Ministerial Code and the ACOBA guidance:“Ministers must seek advice from ACOBA about any appointments or employment they wish to take up within two years of leaving office… Former Ministers must ensure that no new appointments are announced, or taken up, before the Committee has been able to provide its advice.”

This obligation applies to paid or unpaid roles, consultancy, promotional activities, or involvement with private sector projects that bear any relationship to one’s former ministerial duties or could be seen as deriving an advantage from them.

Q Has Gething’s involvement with the Cardiff Parkway business park triggered the need for ACOBA advice?

A Almost certainly yes.

Reasons:

He was actively promoting the plan by businessman Nigel Roberts to develop a major business park and railway station project in St Mellons. This appears to be a form of unpaid or informal advisory/promotion work, but one that is clearly connected to commercial interests.

He had recently left the post of First Minister (August 2024) and the activity occurred within the two-year restriction window.

The guidance makes clear that any kind of appointment or engagement with an outside organisation, including non-remunerated, requires prior ACOBA approval if the former minister had relevant exposure to the policy area or the parties involved.

Eluned Morgan, as First Minister, granted planning permission for the project during her tenure, which raises questions about the proximity and timeliness of Gething’s involvement. Gething’s continued engagement in political lobbying and business promotion relating to the project may constitute ‘lobbying’ under ACOBA rules, especially if it could be seen as encouraging government action or approval of a scheme he is promoting.

Possible breaches of ACOBA rules

A. Failure to seek advice

There is no public record of Gething having sought ACOBA advice before engaging in promotional activity related to the Cardiff Parkway project. If this is the case, it constitutes a breach of the rules, which explicitly prohibit taking up or announcing roles before ACOBA gives its advice.

B. Lobbying and perception of undue influence

If Gething contacted or encouraged others to support the Cardiff Parkway project, this may amount to lobbying, which the rules prohibit. The guidance defines lobbying broadly: even routine communications that push for decisions or policy shifts are caught under the rule.

‘You must not engage in communication with government with a view to influencing a decision, policy, or award of contract/grant in relation to your own interests or the organisation you represent.’

C. Use of privileged access or knowledge

The project relates to infrastructure and development – areas Gething likely had exposure to as First Minister. Even if no confidential information was misused, the perception of impropriety or an unfair advantage from former office is sufficient to trigger the rule.

4. Potential consequences

If Gething acted without seeking ACOBA’s advice, this would:

Breach Ministerial obligations under the Ministerial Code;

Breach the Business Appointment Rules;

Trigger public disclosure by ACOBA;

Potentially damage public confidence in standards of conduct in public life.

In light of his short tenure as First Minister (already marked by ethical controversies), failing to follow ACOBA guidance compounds concerns over his adherence to public probity standards.

Conclusion

Yes, Vaughan Gething should have sought ACOBA advice prior to becoming involved in promoting the Cardiff Parkway business park plan. His failure to do so appears to breach:

The requirement to seek pre-approval before any such engagement;

The ban on lobbying and use of former contacts/influence;

The spirit of the Seven Principles of Public Life, especially Integrity and Accountability.

Unless he can demonstrate that he received formal ACOBA clearance before engaging with the project – and that his involvement was strictly non-lobbying and not connected to privileged information or influence he is very likely in breach of ACOBA rules and has failed to uphold the standards expected of a former Cabinet Minister.

Mr Gething has previously defended his public interventions on behalf of the Cardiff Parkway project on the grounds that he is representing the interests of a business in his constituency that could create hundreds of jobs.