Agenda item

To receive the report of the Service Director Democratic Services & Communication

The Service Director Democratic Services & Communications presented his

report which sought Members’ feedback on the consultation initiated

by Welsh Government on the next set of general regulations – the Corporate

Joint Committee (General) (No.2) (Wales) Regulations 2021.

The Service Director advised that despite the late notification of the consultation this

would be an opportunity for Committee to respond to the next set of general

regulations concerning the roles of certain ‘executive officers’ to support the work of

the CJC, some general provisions in relation to the staff of a CJC and discharge of

functions of a CJC by other persons (sub-committees, staff etc). The Service Director

highlighted one significant change relating to the removal of the Chief Governance

Officer so that the ‘small number of functions identified could be undertaken by the

CJC Monitoring Officer’.

In conclusion, the Service Director reported that the next stages will involve a further  

consultation on the draft statutory guidance for the Establishment of CJCs, which will

run for 12 weeks and close on the Monday 4 October 2021. He proposed that the

Overview & Scrutiny Committee consider this consultation at its meeting on the 21^st

September 2021.

Members noted the significant change as outlined by the Service Director and raised

a query with regards to the appointment of the Chief Monitoring Officer and Chief

Executive and whether they would have dual mandates and also serve the

respective local authorities, essentially wearing ‘two-statutory hats’ within these roles.

Concern was raised as to the employment of staff to service the CJC with no local

knowledge of the geographical area in question.

Members commented that the CJC would be a powerful organisation to which certain

statutory services will transfer with the local authority Leaders at the centre of the

decision-making process.

The Chair raised concern with the proposal to remove the Chief Governance Officer,

with the scant information available and with the lack of scrutiny and accountability

associated with the proposals. He welcomed further information regarding the

scrutiny arrangements in due course.

Another Member shared his misgivings with the model particularly with regards to the access to information whereby members of the Principal Authorities will have access to documents excluding those containing exempt information. The Member suggested that the exempt reports contain the more important information and decision-making processes. Concern was also raised with regards to the budget setting which the CJC will be able do before any agreement by the Principal Authority. It was noted that this would impede the scrutiny of both the finances and access to information.

The Service Director acknowledged the need for confidentiality in certain cases such as with the Cardiff Capital Region (CCR) City Deal around issues relating to commercially sensitive information and suggested this may be a drafting error.

The Committee further discussed the CJC budget setting and concerns that the proposals may have a detrimental impact on the local authority budget and whether there may be cuts as a consequence.

In conclusion one Member pointed out, that as stated in the accompanying regulations, the CJC is defined as a Local Authority.

Committee RESOLVED:

Ø  To acknowledge the information regarding the next set of general regulations-the Corporate Joint Committee (General) (No.2)(Wales) Regulations 2021.

Ø  To authorise the Service Director Democratic Services & Communications, in consultation with the Chair of the Overview & Scrutiny Committee, to convey the comments and responses of committee members to the WG prior to the consultation closing.