Mererid McDaid Associate
Mererid is a member of the commercial team and advises clients from the public sector on constitutional and information governance issues.
Regional and Local Government
- Whether a local authority can transfer their statutory functions to in respect of the provision of Additional Learning Needs. 'Additional Learning Needs' is not a term defined in legislation. Consequently, before being able to provide this advice we were required to undertake a detailed review the Education Acts as well as other significant legislation such as the Children Act 1989 to set out the legislative basis of a local authority's duty to make provision for 'Additional Learning Needs'.
- The impact on a local authority's functions in the event of some of its functions in the field of education are delivered by a company wholly owned by a consortium of local authorities. The advice focused on the local authority's sovereignty, how the local authority manages scrutiny and risk and how, if a private company delivers services, the local authority manages the governance arrangement.
- The scope of the Government of Wales Act 2006 and the ability of the National Assembly for Wales to legislate on 'non-devolved' matters. This advice was requested by a statutory body that wished to consider its options to press for new legislation to set out its statutory powers in a clear and comprehensive enactment.
- Whether a private company, owned by local authority and undertaking functions on behalf the local authority, falls within the remit of the Public Services Ombudsman Wales.
- The extent of a statutory body's function. As part of the advice Mererid prepared a detailed overview of the functions and powers of the body in a 'user-friendly' format designed to assist frontline staff to identify what powers they could exercise and any limitations on their ability to provide services. Mererid also delivered a work shop session on the body's powers to staff.
- Advising a consortium of local authorities on their ability to collaborate to improve the standards of education in their region and their ability to establish a Special Purpose Vehicle to provide such services to each consortium member. Mererid continued to advise the consortium throughout the process of incorporating the special purpose vehicle and the associated contract documents. Mererid also provided training on directors' duties under the Companies Act 2006 to the new directors of the special purpose vehicle.
- Assisting a public sector body with complying with a particularly contentious data subject request for personal data which required a review of a high volume of personal data which included information which could either prejudice an ongoing employment tribunal claim and also included third party personal information.
- Advising a statutory body on the exemptions which apply to a freedom of information request for information relating to claims made by a whistleblower regarding allegations of fraud and patient care at a cancer hospital and which was subject to investigation by Monitor and Care Quality Commission.
- Advising a building society on its ability to transfer data to a data sub-processor in India and the application of the European Commission’s Model Clauses.
- Advising on the impact of public authorities' duties under the Equality Act 2010 (Statutory Duties)(Wales) Act 2011 in respect of collecting equality data and obligations under the Data Protection Act.
- Advising Y Coleg Cenedlaethol Cymru on its incorporation process as a company and a charity, on governance issues and providing training for the first board of trustees on their duties under company and charity law.
- Advising on both FE Colleges and HEI on governance issue such as the process for appointing and removing the chair of the board.
- Temporarily filled the role of Clerk to the Corporation to Swansea College’s Board of Governors. As a result of this Mererid has a good understanding of governance issues in respect of education establishments.
Mererid has advised on:-
- a housing association client's ability to set up a subsidiary to carry out planned and reactive maintenance in-house and the other for external organisations. Mererid advised on the governance, contractual procurement issues arising.
- the ability of various public bodies including our housing association client on collaborating to deliver patient accommodation Advising on Collaboration with Local Health Board for patient accommodation. This was a particularly complex area as vires, governance and procurement issues need to be resolved before the operational issues relating to the collaboration can be considered in detail.
- advising on general governance issues such as whether a housing association client was right to issue a vote of no confidence in relation to a member of its management committee. The management committee had a member on its board that was disruptive during board meetings, had sent letters to other organisations stating that he had concerns about the running of the organisation and was disclosing information to other stakeholders which was confidential to the board. Mererid provided a structured procedure for managing and ultimately removing the board member from the board in an efficient and sensitive manner.
Mererid initiated and organises Blake Morgan’s Growing Ambitions and Wear2Work schemes.
Articles by Mererid
Growing Ambitions gives young people nominated by local social housing associations the chance to spend a week with Blake Morgan, gaining vital work experience and learning more about the world of business that will enhance their prospects of employment.
As part of Morgan Cole's Growing Ambitions programme, they have won a top award at the Chartered Institute of Housing Welsh Housing Awards 2013.
The Court of Appeal recently ruled that Helena Partnership Limited (HPL) could not reclaim £6m in corporation tax because it was not established for charitable purposes during the period of the claim.
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