Investigation gets underway over Carl Sargeant tragedy and Welsh first minister

This article by , Lecturer in Law, was originally published on . Read the .

The circumstances surrounding the tragic, of former Welsh Assembly member in November 2017 are yet to fully emerge. But now that the terms of reference for an independent investigation , it is hopeful that the truth will be uncovered.

But what will the outcome mean for Wales鈥檚 first minister Carywn Jones, in what is being portrayed as something akin to a trial of his actions?

On November 2, 2017, Sargeant 鈥� the assembly member for Alyn and Deeside 鈥� was sacked as the Welsh government鈥檚 secretary for communities and children. He was also suspended from the Labour Party, pending an investigation alleged 鈥渦nwanted attention, inappropriate touching or groping鈥�. Five days later, he was in Connah鈥檚 Quay, Flintshire.

Since then there has been mounting pressure on the first minister to surrounding Sargeant鈥檚 dismissal. Sargeant鈥檚 family has claimed that he was and of the allegations against him.

Fellow AMs meanwhile have criticised the way Sargeant was dismissed 鈥� 鈥渢rial by media鈥�. Others have gone as far as saying that Sargeant by the first minister鈥檚 office.

Jones claims, however, that he had no choice but to based on the evidence he had received. Responding to of a 鈥渢oxic environment鈥� of bullying within the Welsh Labour party, Jones made a public statement in November 2017 鈥� and referred himself to an . He also into his actions.

Despite claims that the first minister caused the Sargeant family , Jones has repeated that he has .

What to expect

Last week, the independent investigators, led by public lawyer , announced their as being to look into Jones鈥檚 鈥渁ctions and decisions in relation to Carl Sargeant鈥檚 departure from his post 鈥� and thereafter鈥�.

It is important to note that this is an investigation, not an inquiry. Its legal authority comes from the first minister鈥檚 functions, set out in the . This is rather than a formal inquiry under the .

This distinction means that the investigators will operate on a specifically tailored , agreed by both the Welsh government and Sargeant鈥檚 family. These protocols set out the way information will be shared by the Welsh government and include a provision for confidentiality and the redaction of sensitive information from public reports. These exceptions are not too dissimilar to the under the inquiries legislation.

However, unlike an inquiry, the investigators will not have the legal power to compel attendance of third parties, or the production of specific documents of interest. While the Welsh government鈥檚 permanent secretary Dame Shan Morgan has given that all staff will fully cooperate and provide all necessary documentation, this is not strictly a legal requirement for those outside the Welsh government.

The investigators have already made an open relating to events. This extends to the 鈥� although there has already been concern over the way and some of the .

Inside the Welsh government

The most revealing aspects of the investigation are likely to come from the first minister鈥檚 communications 鈥� including messages sent using his private email addresses 鈥� which will give insight into the real climate within the Welsh government.

We are also likely to see extraordinary reports as Jones is questioned directly over and scrutinised over his personal leadership and administration. The first minister has already announced his intention to from the role, following his 鈥溾�� in office. Nonetheless he has to comply and see the investigations through to their conclusion.

Importantly, if reports that the claims made against Sargeant were 鈥� before he was given the details of them 鈥� are true, such a disregard for justice and due process would also likely lead to wider questions about the fairness of the Similarly, there will be concerns over the way allegations are handled within public sector organisations, as well as how the are enforced in Wales.

Publication date: 20 June 2018