To receive a summary on the various elements of the Local Government & Elections (Wales) Act 2021 which received Royal Assent on the 20th January 2021.
Minutes:
The Service Director Democratic Services & Communications presented
his joint report with the Director of Legal Services which summarised the
various elements of the Local Government & Elections (Wales) Act 2021
which received Royal Assent on the 20th January 2021.
The report requested that Committee consider the Council’s position
statement in respect of the requirements of the Act with particular regard
to the actions that will need to be addressed to ensure RCT comply with
the legislative requirements. The Service Director advised that several
elements will be considered in many of the council’s formal committees
such as the Standards Committee, which will consider Members
Codes of Conduct and the role that Group Leaders will play in the conduct
of their members and Cabinet will also consider this report at its next meeting
in March 2021.
The Service Director acknowledged that a large part of the discussions
have, to date, focussed on the Corporate Joint Committees (CJC’s) and
extending the voting franchise to 16 and 17 years old in next year’s
Senedd elections and preparing for the extension of the franchise to this
age group for the 2022 local government elections.
The Service Director was pleased to report that the Council has already laid
many of the foundations for the promotion of democratic processes and
public engagement which are considerations of the Act and will be taken
forward by the Council. He drew Members’ attention to the numerous
other areas for which the Act provides provision, such as the general
power of competence for principal councils and eligible community
councils, powers for Welsh Ministers to instigate more consistent and
coherent regional working across Wales, more formalised performance
and governance arrangements based around self-assessment and peer
reviews. The Service Director advised that the proposals to make the role of
scrutiny within a principal councilmore effective by strengthening the scrutiny
arrangements is of particular relevance to the Overview & Scrutiny Committee
by bringing forward the opportunity for scrutiny to engage and consider key
decisions in advance of Cabinet determining those matters. It was noted that is
an area that the Scrutiny Committee currently undertakes as a matter of good
practice.
The Service Director acknowledged other key areas of interest for future
discussion by this committee, such as the reforming of public participation
and the determination which will enable Members to attend and
participate virtually. He explained that the council will soon be able to
formerly broadcast its meeting via the introduction of a webcasting
solution provided by Public I which will fully integrate with the current
virtual arrangements and will allow the provision of a hybrid approach for
meetings whilst still being able to live stream online.
With regards to the diversity agenda, the Service Director advised that
there are changes to the family absence arrangements and formalising
the provisions for job sharing opportunities for Cabinet Members and
Chairs of Committee. Enhancements to the role of the Head of
Democratic Services to strengthen and support the role of non-executive
members and the influence of scrutiny across the council. The Service
Director continued to outline the many changes to executive
arrangements, information sharing between the regulators, changes to the
Fire & Rescue Authority arrangements, changes to the Boundary
Commission and how the Public Service Boards will operate. He advised
that further information in relation to how the Act will come into force and
what elements will need to be taken forward from the Council’s AGM this
year and onwards from the 2022 Local Government Elections.
In conclusion, the Service Director reported that the Council has been
requested to participate in a working group on the participation agenda to
be able to inform the regulations.
Following the presentation, the Service Director Democratic Services &
Communication responded to a number of queries such as STV voting
system post 2022, the role of Corporate Joint Committees, the definition
of politically restricted posts in relation to campaigning and standing for
office and the status of the Head of Democratic Services and
strengthening of the statutory role.
In line with an earlier query, the Director of Human Resources responded
to a concern raised regarding the protection afforded to junior members of
staff should they stand and be unsuccessful in an election. The Director
advised that there are a number of policies in place such as the
whistleblowing policy which serve to protect individuals as well as seeking
support through their trade unions.
Following discussion, it was RESOLVED to note the Council’s position statement outlined within the report in respect of the requirements of the Act.
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