Agenda and minutes

An apology for absence was received from County Borough Councillor G Hughes.

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, there were no declarations made pertaining to the agenda.

To approve as an accurate record, the minutes of the meeting held on 18^th November 2022.  

It was RESOLVED to approve the minutes of the 18^th November 2022 as an accurate reflection of the meeting.

To receive a summary of Complaints against Members from the 1^st November 2022 – 31^st March 2023.

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 November 22 – 31^st March 2023.

The Monitoring Officer took Members through the detail in the report highlighting the anonymised complaints concerning one county borough councillor and three community councillors contained within the table in the report.

The Monitoring Officer drew Members ‘attention to the fact that none of the complaints resulted in an investigation.

The Standards Committee RESOLVED:

1. To note the content of the report.

To consider the Our Findings summaries published on the PSOW website for the period 1^st November 2022 – 31^st March 2023.

The Monitoring Officer outlined to Members the purpose of the report to consider the summary of investigation outcomes concerning alleged breaches of the Members’ Code of Conduct as published by the Public Services Ombudsman for Wales (PSOW) on the ‘our findings’ section of the website for the period 1st November 2022 – 31^st March 2023. Members were taken through the detail of the report and appendix 1.

The Standards Committee RESOLVED:

1. To note the content of the report and appendix relating to the summary of investigation outcomes concerning alleged breaches of the Members’ Code of Conduct.

To provide an information report in respect of a recent Adjudication Panel For Wales Decision.

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

Members were referred to the appendix of the report, which provided the detail of the APW decision notice, that had been issued following the conclusion of the case and the Monitoring Officer provided Members with an overview of the information.

Members noted that as previously highlighted, it may find it helpful to Consider this decision and the approach adopted by the APW in formulating its decision and sanctions in light of its own role when conducting Code of Conduct hearings. Furthermore, the Committee also considered whether there are any possible messages or lessons to be learnt arising out of the decision that could be communicated as part of future training for Members on the Code of Conduct.

A Member noted the detail of the case is useful for Committee Members to understand the importance of appropriate declarations at meetings referring to the length of the sanction imposed.

Members discussed the difference in training between Community Councils and County Borough Councils and felt the PSOW need to look at structuring more mandatory training regarding Community Councils. Members noted that

cases such as the one detailed in the report could be repeated more often if sufficient training is not provided. Members discussed improving the offer of training for Community Councils noting that currently Code of Conduct training is not mandatory, and discussion was held as to whether this should be to ensure everyone has the right information going into the role. The Monitoring Officer highlighted to Members this point would be covered by a later agenda item in the meeting.

The Standards Committee RESOLVED:

1 To note the recent decision made by the Adjudication Panel for Wales (as appended to the report); and

2 To further consider the Code of Conduct training and requirements for undertaking the training as a mandatory aspect of the role.

To provide for information the Adjudication Panel For Wales’ Annual Report 2021-2022.

The Monitoring Officer provided Members with an overview of the information contained in the Adjudication Panel for Wales’ (APW) Annual Report 2021-2022.

Members were informed the APW Annual Report summarises the activity of the Panel during the relevant reporting period. The report provides details of the membership of the Panel, an analysis of its performance and a useful section summarising cases and decisions made by the Panel during the reporting period. The Monitoring Officer took Members through the report noting that it highlights the increase in the number of cases referred to it by the Ombudsman compared to previous years and also the President’s expectation that matters would improve as a result of the new responsibility on political group leaders on standards in public life. The Monitoring Officer referred to the case summaries included within the report nothing these have previously been reported to Committee during the relevant period but are useful for Members who joined the committee during this municipal year.

Following consideration, it was RESOLVED:

1.    To note the contents of the Adjudication Panel for Wales’ Annual Report 2021- 2022

To receive for information feedback from the most recent National Standards Forum meeting and an oral update from the Committee Chair.

The Monitoring Officer informed Members the purpose of the report is to provide Members with feedback from the inaugural meeting of the National Standards Forum held on 27th January 2023.

Members were reminded, as reported to the Committee at its last meeting, a National Forum for Standards Committee Chairs and Vice-Chairs has been established and the terms of reference for the Forum were provided for Members at Appendix 1. The Monitoring Officer highlighted to Members that by sharing best practice it is anticipated the Forum will help to raise standards across all authorities in Wales.

Members were informed that the first meeting of the Forum took place on 27th January 2023, the agenda for the meeting was provided at Appendix 2. Feedback and actions arising from the meeting were attached at Appendix 3 for Members. The Public Services Ombudsman for Wales, Michelle Morris, also gave a presentation. The notes/slides of her presentation were attached at Appendix 4.

The Monitoring Officer shared with Members that the Forum considered the duty on group leaders to promote ethical behaviour amongst the members of their group and listened to existing practice from amongst the members. The Committee were informed that although practice varies slightly across authorities there was no significant deviation from the practice adopted at RCT, as agreed and reported at the last Standards Committee meeting.

The Committee were informed that the next meeting of the forum will be at the end of June and the agenda for that meeting will be set at the June meeting of the Monitoring Officers’ Group.

Members noted the benefits of having consistency across Wales and were hopeful to see results coming through and the ability to adopt some of the standards coming through from the Forum in the future.

The Standards Committee RESOLVED:

1.    To note the feedback from the inaugural meeting of the National Standards Forum held on 27th January 2023.

2.    To consider any items to put forward as suggestions for consideration by the National Standards Forum at its future meeting.

To receive an update in respect of recommendations emanating from the independent review of the ethical standards framework (Richard Penn Report).

The Monitoring Office advised Members the purpose of the report was to advise Members of the consultation initiated by Welsh Government in respect of the recommendations of the independent review of the Ethical Standards Framework in Wales (Richard Penn report). Members were informed their feedback in respect of the consultation would form a response to be submitted to Welsh Government in advance of the consultation closing date of 23rd June 2023.

The Monitoring Officer informed Members the Framework has remained largely unchanged over the last 20 years, so an independent review was felt important to maintain confidence in the system and ensure developments in the way councillors and their public lives are reflected in its operation.

Members were provided with an overview of the independent review of the Framework undertaken by Richard Penn between April and July 2021 and of the findings which concluded that the current arrangements are fit for purpose but recommended some changes to the Framework, including the Model Code of Conduct.

Since the publication of the Review, Welsh Government has engaged with stakeholders including monitoring officers, the Public Services Ombudsman for Wales (PSOW) and her office, the Welsh Local Government Association (WLGA) and One Voice Wales and are now undertaking the consultation on the Review’s recommendations.

Members were taken through each recommendation individually and invited to provide comments on them.

Recommendation 1:

The Code does not specify any threshold for declarations of any gift, hospitality, material benefit or advantage. The threshold should be specified in the Code to ensure consistency across Wales.

The Monitoring Officer outlined Welsh Government’s response to this recommendation as set out in Appendix 2.

Members were also reminded that RCT CBC’s threshold is currently set at £25 and has been in place for a number of years, however the Gifts & Hospitality Policy is due to be reviewed as part of the Committee’s work programme for the next municipal year. Members were also informed that across the 22 Local Authorities there is a move to standardise and adopt the threshold of £25 for all Councils.

Members considered the £25 threshold a reasonable figure although it was queried whether it was a total figure for a set period or whether multiple gifts of this figure would be acceptable. The Monitoring Officer advised it would be considered per gift and if multiple gifts / hospitality were being received it would raise further issues to be investigated in context. Members also commented that the process should be clear and easy to follow to ensure compliance.

Recommendation 2:

The 2000 Local Government Act requires members to include their home address in their Council’s Register of Interests. There is agreement that the Code should not require Councillors to disclose their home address and that the Code should be amended appropriately.

The Monitoring Officer outlined Welsh Government’s response to this recommendation as set out in Appendix 2.

A Member raised a question regarding second homes and the requirement to provide declaration of this. The Monitoring Officer informed Members  ...  view the full minutes text for item 43.

To receive an oral update from the Monitoring Officer in respect of future training for Members of the Committee.

The Monitoring Officer provided the Committee with an oral update in respect of a joint training session to be held with Members of the Standards Committee from Merthyr Tydfil County Borough Council on 15^th June. Members were informed that the meeting details have been circulated and Members will be kept up to date with any further requirements for the training.

Following consideration thereof, it was RESOLVED:

1 To note the information received.

To consider any items, which the Chairman, by reason of special circumstances, is of the opinion should be considered at the meeting as a matter of urgency.