The Investigation’s Terms of Reference are:

"To conduct an investigation into the First Minister’s actions and decisions in relation to Carl Sargeant’s departure from his post as Cabinet Secretary for Communities and Children and thereafter."

Set out below is a preliminary list of issues (‘Preliminary Issues List’) the Investigator considers are within the Terms of Reference. The purpose of the Preliminary Issues List is to assist members of the public in deciding whether they have information and/or documents which are relevant to the Investigation. Please see the Call for Evidence for information on how to provide evidence.

The Preliminary Issues List has been drafted prior to the Investigation receiving any evidence. The list is indicative only and is likely to be amended following receipt and consideration of that evidence. The Investigation is therefore not consulting on the Preliminary Issues List at this stage.

In relation to the Terms of Reference, the following preliminary points of interpretation are made, all of which have been agreed by the Permanent Secretary to the Welsh Government:

  • a. Reference to “the First Minister’s actions and decisions” includes actions taken by Carwyn Jones FM and any actions by others taken under the First Minister’s authority.
  • b. The Terms of Reference permit the Investigation to investigate omissions by the First Minister, as well as actions and decisions.
  • c. Evidence from other parties about how they contributed to the First Minister’s actions and decisions will be relevant, as will evidence from third parties which might account for some of the concerns which have been raised in the context of the decision to remove Carl Sargeant from his Cabinet position.
  • d. The Terms of Reference permit the Investigation to make recommendations, should the Investigator consider it appropriate to do so.

Preliminary Issue List

1. How the allegations against Carl Sargeant were investigated

The Investigation seeks evidence relating to the allegations against Carl Sargeant and how they were investigated. Particularly, what information was provided to the First Minister, the manner in which he received it and whether, and if so how, he and/or those under his direction investigated the allegations. The Investigation also seeks evidence in relation to the UK Labour Party’s investigation into the allegations, insofar as the First Minister was involved in that investigation and/or it impacted on his decisions and actions. The Investigation invites evidence going to this issue.

For the avoidance of doubt, the Investigation does not consider it to be within its Terms of Reference to reach conclusions on whether the allegations against Carl Sargeant AM were well-founded or to reach conclusions on the actions or decisions of the UK Labour Party.

2. Carl Sargeant AM’s departure from his post

The Investigation seeks evidence in relation to the departure of Carl Sargeant from his post; the decision-making process which led to his departure and the First Minister’s involvement in that process; how that decision was communicated to Carl Sargeant and others; to what extent the First Minister was responsible for that communication; what Carl Sargeant’s mental state was in the days prior to his death and what information, if any, the First Minister had in relation to Carl Sargeant’s mental state.

3. Events between 3 November 2017 and 7 November 2017

The Investigation seeks evidence in relation to the period following the departure of Carl Sargeant from his Ministerial post and before his death, particularly what information was shared in relation to Carl Sargeant by the First Minister with Carl Sargeant’s family, the media and the Labour Party.

4. Procedures, codes and practices

The Investigation seeks evidence as to what procedures/codes/practices if any, were applicable at the relevant time to the departure of Carl Sargeant from his Ministerial post, and if so the extent to which these were or should have been applied in the decision-making process.

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