Agenda item

Rhoi gwybod i'r Aelodau bod adroddiad sy'n ymwneud â'r adolygiad annibynnol o'r Fframwaith Safonau Moesegol yng Nghymru a gomisiynwyd gan Lywodraeth Cymru wedi'i gyhoeddi.

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 a planned

implementation ahead of next May’s Local Elections. Furthermore, Welsh

Government say action to address other recommendations in the report will be

taken forward in partnership with key stakeholders in the medium to longer

term.  

The Monitoring Officer noted that there had been a duplication of this item within the reports received by the Committee and therefore ensured that Members had received an addendum to this agenda prior to the meeting.    

The Standards Committee RESOLVED:

1.    To discuss this item at the next meeting of the Committee.