Questions over council related LDP legal action “are within the court arena and not for discussion in public at present”

An unusual exchange at this month’s audit committee has raised more questions than answers over legal actions and the Local Development Plan.

Labour Group Leader Cllr Dana Davies had a list of five questions for the Leader of the Council Mark Pritchard along with three for the Chief Executive, while probing an ongoing theme of standards of behaviour of councillors at Wrexham Council.

Cllr Pritchard appeared irritated by some of the questions, noting that the topic of the role of group leaders on conduct could be focused on Cllr Davies herself, adding that in his group “if we have an issue in our group we deal with it and we move on” and that he felt ‘on trial’ with the specific focus.

Cllr Davies then appeared to read out specifically worded questions around legal advice from officers, legal action and the local development plan.

Cllr Davies asked, “In your disagreements with advice from statutory officers, relating to legislative and regulatory requirements, have you taken any independent external action, contrary to professional internal advice of statutory officers? Such as your own legal action on behalf of the Council?”

Cllr Pritchard replied, “Again, I do feel very uncomfortable. I really do. I am wondering if we are drifting here, but I will take guidance off the monitoring officer. What I will say, with any issues around governance, I take advice. And, I speak to (the Legal Officer). That is how I work.”

Cllr Davies retorted “It is if that advice is heeded to!”

Cllr Davies carried on her examination,  “My third question is, have you in written form, informally or formally requested recompense from Wrexham County Borough Council for any current or future legal costs, or future costs incurred?”

Cllr Pritchard called on the chairman of the committee, “Chair? Can I say, we are drifting here. I’m looking at yourself with what you said earlier on with regards to chairing this. I respect your position. I respect the powers you have. But, in my humble opinion, and I will bring the monitoring officer in, we are going into another area. Thank you.”

The Chair of the Committee looked to the legal officer for advice on if the question and answer could be heard, “According to the rules, the members of the committee are entitled to raise a question I get that. But, in terms of the relevance and the legitimacy of it, I bounce that over to (the legal officer) to comment on that.”

The legal officer advised the meeting, “Yes, we are straying into areas beyond the remit this morning, and areas that are within the court arena and not for discussion in public at present.”

The Chair of the meeting appeared to link the questions ‘essentially’ to a well documented judicial review in the Local Development Plan – which is being taken forward by developers rather than Wrexham Council – “Just to remind members, that there is an outstanding judicial review on the decisions taken by the council, and that is sub judice. We can’t stray into those areas that are essentially connected to that.”

Cllr Davies rejected that assessment saying her questions did not ‘stray into that judicial review’, and the questions were around the code of governance and behaviours of councillors.

Cllr Davies added her questions related ‘very much due to recent events’ and that they were ‘not straying into anything to do with the current legal matter that the council is involved with at this moment’.

The week prior to the audit committee we looked to fact check a rumour emanating from a Cardiff direction, and asked the Chief Executive if Wrexham Council itself was taking separate legal action against the Welsh Government with regards to the Local Development Plan. Pointing to confidentially around any legal proceedings we were told there would not be any comment, and ‘if that was happening we would come out at the appropriate time’ with a comment.

The local rumour mill pointed to movement at Full Council this week for further information, however the agenda is bare in terms of Local Development Plan and associated legal actions.