Scottish ruling prompts call for Carl Sargeant inquiry documents to be released

Martin Shipton

The Welsh Government has been urged to publish all documents related to an inquiry into whether ex-First Minister Carwyn Jones misled the then National Assembly over allegations that Labour politician Carl Sargeant was bullied before he took his own life.

The issue has re-emerged in the light of concerns raised about the independence of an inquiry into whether former Scottish First Minister Nicola Sturgeon broke the Ministerial Code.

Both inquiries were undertaken by James Hamilton, a former director of public prosecutions in Ireland.

Mr Sargeant committed suicide in 2017, days after he was sacked from the Cabinet by Mr Jones over unspecified complaints of sexual harassment that had been made against him. His death had a profound impact on Welsh politics.

Bullied

Shortly afterwards it emerged that Mr Sargeant had told colleagues and others that he had been bullied by Welsh Government officials. Mr Jones was subsequently accused of misleading Assembly Members about the matter, and Mr Hamilton was appointed to investigate. He concluded that Mr Jones had not misled the Assembly.

Later Mr Hamilton was commissioned by the Scottish Government to investigate Ms Sturgeon about allegations that she had misled the Scottish Parliament in relation to the inquiry into a botched investigation of harassment complaints against her predecessor Alex Salmond. Mr Hamilton concluded that Ms Sturgeon had not breached the Ministerial Code.

Independence

But doubt is now being cast on the independence of the Hamilton inquiry into Ms Sturgeon after it was confirmed that a senior civil servant was drafted in to support the probe but continued her role in government – briefing ministers on aspects of the inquiry before publication.

The Herald reported: “[There] are now concerns over how independent the inquiry was of government after a batch of secret documents released by the Scottish Government reveals lawyers feared there was not enough distance between ministers and civil servants and the Hamilton probe.”

Former Welsh Labour Cabinet Minister Leighton Andrews, who was a close friend of Mr Sargeant, told Nation.Cymru he believed similar concerns applied to the inquiry undertaken by Mr Hamilton in Wales, in which he had been assisted by a Welsh Government lawyer and other civil servants.

‘Whitewash’

Mr Andrews said: “We knew the Hamilton inquiry in Wales in 2018 was a whitewash at the time. After the revelations from Scotland, the Welsh Government needs to release all relevant documents including previously refused FoI requests.”

A member of the public has now submitted an FoI request which states: “I am writing to request information regarding the role and independence of Welsh Government civil servants involved in the secretariat supporting James Hamilton’s inquiry into former First Minister Carwyn Jones and allegations of bullying within the government.

“Please provide copies of all correspondence and briefing materials between the Welsh Government and civil servants assigned to the secretariat of James Hamilton’s inquiry into Carwyn Jones. Specifically, I am requesting any documentation of briefings or communications provided by these civil servants to government ministers or senior officials regarding the inquiry’s process, findings, or any related aspects.

“Please provide detailed records regarding the structure, staffing, and specific duties of the secretariat supporting James Hamilton’s inquiry. This should include names, titles, and government roles of civil servants seconded to the secretariat; description of their responsibilities both within the inquiry and within any ongoing roles within the Welsh Government, and any formal arrangements or guidance outlining their dual responsibilities in both the inquiry and governmental roles.

“Please provide copies of any guidance, policy documents, or formal directives implemented to ensure the independence of civil servants appointed to James Hamilton’s inquiry secretariat. This should include any assessments, reviews, or audits conducted to determine if such independence was maintained throughout the inquiry.

“Please provide all records, including internal memoranda, emails, and minutes, concerning the funding and authorisation of legal expenses for James Hamilton’s inquiry. I am specifically requesting information about any authorisation or discussions involving ministers or senior officials related to the inquiry’s budget or potential conflict of interest concerns.

“Please provide details of any protocols governing the use of Welsh Government IT and communication systems for secretariat work related to James Hamilton’s inquiry. This should include policies or protocols on email usage, data storage, and access permissions for civil servants within the secretariat, and records of any access to the inquiry’s communication systems by other Welsh Government officials not directly involved in the inquiry.”

Terms of reference

A Welsh Government spokesman said: “The Hamilton Report was released in full in April 2018

“Paragraphs 5-7 set out the Terms of Reference, which was about whether the former First Minister had misled the Assembly.

“Paragraph 19 explains the secretariat support provided was to ‘work exclusively on the investigation [throughout its duration]’.

“In terms of Mr Andrews’ request to release information, any member of the public is entitled to submit a request for release of information under the Freedom of Information Act.”