Agenda and minutes

The Chair welcomed Committee Members, Officers and Observers to the hybrid meeting of the Standards Committee and an apology for absence was received from Reserve Community Councillor C. Willis.

To receive disclosures of personal interest from Members in accordance with the Code of Conduct

Note:

1.    Members are requested to identify the item number and subject matter that their interest relates to and signify the nature of the personal interest: and

2.   Where Members withdraw from a meeting as a consequence of the disclosure of a prejudicial interest they must notify the Chairman when they leave.

In accordance with the Council’s Code of Conduct, Councillor R. Butler declared the following personal interest in Item 4 of the agenda ‘I am a Community Councillor for Llantwit Fardre Community Council, which is referenced throughout the report. I will not take part in this item but will remain in the meeting whilst the items are being discussed’.

To approve as an accurate record, the minutes of the meeting held on 24^th September 2021.

It was RESOLVED to approve the minutes of the 24^th September 2021 as an accurate reflection of the meeting.

To allow Members the opportunity to consider recent decisions made by the Adjudication Panel for Wales (APW).

The Monitoring Officer provided the Standards Committee with the report to consider recent decisions made by the Adjudication Panel for Wales (APW).

Members were referred to the appendices of the report, which detailed a number of APW decision notices, that had been issued following the conclusion of the cases.

The Monitoring Officer advised the Committee that they may find it helpful to consider these decisions and the approach adopted by the APW in formulating its decision and sanctions (where relevant) in light of its own role when conducting Code of Conduct hearings and to consider whether there are any possible messages or lessons to be learnt arising out of those decisions that could be communicated as part of future training for Members on the Code of Conduct.

In relation to a query raised regarding point 4.4.1.2 of Appendix 1 of the report whereby it is concluded that this is the more serious breach of the Code, the Monitoring Officer reported that the sanctions would be where you would consider the severity of the breach in question and that your sliding scale is within the available sanction in terms of how you approach this.

The Standards Committee RESOLVED:

1.    To consider the recent decisions made by the Adjudication Panel for Wales (as appended to the report); and

2.    To determine whether there are any possible messages or lessons to be learnt arising out of those decisions that could be communicated as part of future training for Members on the Code of Conduct.

To receive a summary of Complaints against Members from the 1^st April 2021 – 31^st October 2021

The Monitoring Officer provided the Standards Committee with a summary of complaints made against Members and submitted to the Public Services Ombudsman for Wales (the ‘Ombudsman’) for the period 1^st April 2021 – 31^st October 2021.

Member were reminded that in determining whether to investigate a breach of the Code of Conduct, the Ombudsman initially applies a two-stage test. At the first stage, he will aim to establish whether there is direct evidence that a breach of the Code has occurred. At the second stage the Ombudsman considers whether an investigation or a referral to a standards committee or the Adjudication Panel for Wales is required in the public interest. This involves the consideration of a number of public interest factors such as: whether the member has deliberately sought a personal gain at the public’s expense for themselves or others, misused a position of trust, whether an investigation is required to maintain public confidence in elected members and whether an investigation is proportionate in the circumstances.

The Monitoring Officer drew Members’ attention to the Ombudsman’s comments and conclusions on each matter which they may find helpful to understand how they approach dealing with a complaint and also the fact there were zero complaints made against County Borough Members during the period.

(Note: Having previously declared an interest (Minute No. 2), Community Councillor R. Butler did not participate in this item.)

The Standards Committee RESOLVED:

1.    To note the content of the report.

To consider three applications for dispensations made in accordance with The Standards Committees (Grant of Dispensations) (Wales) Regulations 2001.

The Monitoring Officer outlined the following applications for dispensation for the Standards Committee’s endorsement:

1.    The Monitoring Officer sought Committee’s endorsement to grant dispensation to County Borough Councillor P. Jarman to speak and vote on all matters for the duration and adoption of the 2022-23 Budget process in her capacity as Leader of the Opposition.

It was explained that County Borough Councillor P. Jarman’s son works in the Streetcare Department and lives with her at her home address and therefore, Councillor Jarman sought a dispensation to speak and vote on all services affected by the Budget. In her application for dispensation, Councillor Jarman stated that by virtue of being Leader of the Opposition Group, her participation in the Budget process is justified.

The Monitoring Officer continued and advised that one of the grounds for granting dispensation was:

“(f) the participation of the Member in the business to which the interest relates is justified by the Member’s particular role or expertise”

2.    The Monitoring Officer sought Committee’s endorsement to grant dispensation to County Borough Councillor Bevan to speak and vote on all matters relating to the Community and Children’s Services Group, save for any specific matters that directly affect his daughter who is employed by the Council as the Service Manager Community and Children’s Services Group as the Programme Manager – Assistive Technology, with such dispensation being reviewed by the Standards Committee on an annual basis.

Members were informed that Councillor Bevan acknowledged that any dispensation awarded cannot be used if the matter under consideration would confer a greater benefit on the employed family member than on other taxpayers, ratepayers or inhabitants of the Council’s area, or be such that a member of the public might reasonably conclude it would significantly affect his ability to act purely on the merits of the case and in the public interest if he were to take part in the discussion.

            In his application for dispensation Councillor Bevan further states that by virtue of being a Cabinet Member his participation in matters relating to the Community and Children’s Services Group is justified.

The Monitoring Officer continued and advised that two of the grounds for granting a dispensation were:-

“(d) the nature of the Member’s interest is such that the Member’s participation in the business to which the interest relates would not damage public confidence in the conduct of the relevant authority’s business”; and

“(f)    the participation of the member in the business to which the interest relates is justified by the member’s particular role or expertise.”

3.    The Monitoring Officer then sought Committee’s endorsement to grant dispensation to County Borough Councillor Michael Powell a dispensation to speak and vote on all matters relating to the Children’s Services department (within the Community and Children’s Group), save for any specific matters that directly affect his wife, who is employed by the Council in the Children’s Services department as a Contact Worker, with such dispensation being reviewed by the Standards Committee on an annual basis.

Members were  ...  view the full minutes text for item 6.

To receive a summary of Code of Conduct matters as set out in the Ombudsman’s Annual Report and Letter to this Council 2020 – 2021.

The Monitoring Officer provided Members with a summary of matters pertaining to standards of conduct of County, Town and Community Councillors as set out in the Ombudsman Annual Report and Annual Letter to this Council for 2020-2021.

The Committee were informed that the number of Code of Conduct Complaints had increased by 47% during 2020-2021 with the PSOW receiving 535 new complaints with 308 taken forward for investigation. The total number of complaints for the year 2018-19 was 282 and for 2019-20, 231. Of those 308 complaints 167 related to Town and Community Councils, 138 to Local Authorities, 2 to National Park authorities and 1 to a Fire Authority. 

Members learned that Within a small number of Town and Community Councils the PSOW has stated he is still seeing complaints which appear to border on frivolity or are motivated by political rivalry or clashes of personalities rather than being true Code of Conduct issues. Where his offices receives ‘tit for tat’ complaints they will engage with the Council and the Monitoring Officer of the principal authority to remind its members of their obligations under the Code and their democratic responsibilities to the communities they serve.

Members were informed that as in previous years the majority of CCCs (55%) related to matters of the promotion of equality and respect; 14% related to the failure to disclose or register interests; 12% related to integrity; 4% related to accountability and openness; 5% related to failure to be objective or act with propriety; 8% related to the duty to uphold the law and 2% related to selflessness and stewardship. The PSOW has noted there is an annual increase in the number of complaints where bullying behaviour is being alleged.

The Monitoring Officer reported that the PSOW has highlighted once again the important of Code of Conduct training to become a ‘good councillor’, and from his investigations he has gained an impression that many members of Town and Community Councils often do not take up training opportunities offered on the Code of Conduct. Whilst there is no statutory obligation for Members to complete training currently it is strongly advised they should do so.

Members noted that 24 complaints were taken forward for investigation

in 2020-21 with the PSOW again directing investigative resources towards the

more serious complaints where an investigation is required in the public

interest. In 14 cases an investigation was discontinued (5 cases), no evidence

of breach was found or no further action was necessary (9 cases) and there

were 10 referrals (to either Standards Committees or the Adjudication Panel for

Wales) – a 50% increase from 2019-2020.

Furthermore, in 58% (14 cases) of the investigations undertaken during the

period (i.e. no evidence of breach was found or investigation discontinued), a

significant decrease on the previous year, where this outcome happened in

85% of cases. The PSOW has stated that whilst fewer cases are being referred

to investigation, of those that are, he is finding evidence suggestive of a breach  ...  view the full minutes text for item 7.

To advise Members of the publication of the report into Welsh Government’s commissioned independent review of the Ethical Standards Framework in Wales.

The Monitoring Officer advised Members of the publication of the report into Welsh Government’s commissioned independent review of the Ethical Standards Framework in Wales. 

Members were reminded that as reported at the Committee’s meeting in March

Welsh Government confirmed they would be reviewing the ethical framework

and the model Code of Conduct following the coming into force of the Local

Government & Elections (Wales) Act 2021.

Members were informed that the Ethical Standards Framework for Wales was

established by Part 3 of the Local Government Act 2000 to promote and

maintain high standards of ethical conduct by members and officers of relevant

authorities in Wales, and that a ‘relevant authority’ is a county or county

borough council (referred to as “a principal council”), a community council, a

fire and rescue authority and a National Park authority in Wales.

Members learned that the key components of the ethical framework include the

statutory Members’ Code of Conduct, which sets out the duties imposed on all

elected and co-opted Members; and the statutory provisions relating to

Standards Committees, established to promote and maintain high standards of

conduct by the Members and co-opted Members of the authority. Furthermore,

the Framework consists of ten general principles of conduct for members

(derived from Lord Nolan’s ‘Seven Principles of Public Life’), which are included

in the Conduct of Members (Principles) (Wales) Order 2001. Also, the Local

Authorities (Model Code of Conduct) (Wales) Order 2008 provides for a set of

enforceable minimum standards for the way in which members should conduct

themselves, both in terms of their official capacity and (in some instances) in

their personal capacity which includes provisions relating to the declaration

and registration of interests. The Framework has remained largely unchanged,

though there have been a number of small amendments to improve the

operation of the Framework over the last twenty years.

The Monitoring Officer reported that an independent review of the Framework

was undertaken by Richard Penn between April and July 2021 to assess

whether the Framework remains fit for purpose, whereby the review took into

account the new legislative requirements set out in the Act and the current

equality and diversity policy context.

The Monitoring Officer outlined that the final report of the Ethical Standards Framework in Wales concludes the current arrangements are fit for purpose but recommends some changes to the Framework, including the Model Code of Conduct.

Members learned that the findings fall into categories based on whether they

would need legislation to implement and some recommendations need primary

legislation (e.g. granting the Adjudication Panel for Wales the power to restrict

reporting on sensitive cases), others require secondary legislation (such as

updating the code of conduct itself). Furthermore, some are matters of practice

that can

be implemented if the relevant parties are willing to do so.

The Monitoring Officer reported that Welsh Government will now consider the

recommendations to amend the Model Code of Conduct in the short term and

any legislative change will be subject to a technical consultation with  ...  view the full minutes text for item 8.

To provide Members with a draft Memorandum of Understanding for Members comment and feedback to the Democratic Services Committee before its presentation to full Council.

The Monitoring Officer provided Members with a draft Memorandum of Understanding for Members comment and feedback to the Democratic Services Committee before its presentation to full Council.

Members were informed that the Democratic Services Committee have

proactively been undertaking work to promote and encourage diversity in

democracy through the Diversity in Democracy Working Group and at a

meeting of the Democratic Services Committee on the 10^th May 2021, Members

received and supported the interim report of the Diversity in Democracy working

group and its resulting recommendations. Furthermore, Full Council

subsequently endorsed the 16 recommendations outlined by the working group

and also committed to becoming a Diverse Council.

The Monitoring Officer reported that within its interim report, the working group took forward a recommendation in respect of the creation of a ‘Memorandum of Understanding’ namely; “To consider introducing a ‘statement of understanding’ for Members outlining their duties as a Councillor including the need to have mutual respect within the Council Chamber”, whereby the intended outcome of the statement would be a demonstration of mutual respect to other people with varying political opinions and a show of working together for the benefit of its communities. Furthermore, a draft Memorandum was presented to the Democratic Services Committee on the 27^th September, to which Members agreed for its presentation to the Council’s Standards Committee for further comment and feedback.

The Committee learned that the Memorandum would provide an opportunity for Members to publicly commit to using their term of office to work for the Council, the County Borough and its citizens, and to commit to the standards of conduct expected by the Council. Furthermore, it is considered its adoption would strengthen standards and ethical arrangements within the Council and would support and sit alongside the Council’s Code of Conduct for Members, the Standards of Conduct Expected by Members Local Resolution Policy and Member-Officer Protocol.

A Member queried whether the Memorandum of Understanding would be

issued to the Community and Town Councils as an amendment of their Code

of Conduct. In response, the Monitoring Officer reported that there is a

Community Liaison Committee within RCT whereby he would be able to inform

The Committee of the report and also write letters to each Community/Town

Council clerk asking them to consider and sign up to this.

In response to query raised in relation to undertaking the necessary training and whether there should be a set time scale in doing so, the Monitoring Officer reported that he would feedback these comments as part of the Committees findings.  

The Monitoring Officer outlined the work of the Democratic Services Committee Diversity working group which looks to improve the equality and diversity across the County Borough and within the local democracy setting. Also, he advised the Committee of the importance of their role during the current climate and suggested that they may find it beneficial to meet with the group for their own learning requirements and would be happy to arrange this session for them.

Following  ...  view the full minutes text for item 9.