Issue - meetings

To submit the report of the Monitoring Officer.

To approve the draft responses to the Welsh Government Consultation on the Review of Ethical Standards Framework for Wales (in Appendix 2 of the report), for submission to the Welsh Government, with the following addition:-

·         To include elements of the committee's discussion regarding how mandatory training would work in practice, declaration of crimes and enforcing witnesses.

·         In addition, to note under Q6 (procedure to refer appeals decisions back to the standards committee) that it was essential that the rationale for disagreeing with the appeal tribunal opinion was clearly recorded, in order to demonstrate that the appeal decision had received due attention, however on balance, that the committee continued to be of the opinion that their original decision should stand.

Submitted – the report of the Monitoring Officer inviting the committee to consider and conclude on the responses to the Consultation and the Independent Report recommendations from the Ethical Standards Framework (Richard Penn's report) to allow them to be submitted to Welsh Government.

Members, specifically, were asked for their views on the responses to the following draft responses:-

Q4.    Do you support the proposed changes to the permission to appeal procedure outlined in this recommendation? If not, what other options would you suggest?

Yes.

Comment: It seems appropriate that the Ombudsman should be able to comment on requests for permission to appeal and that the process should allow time to comment.

There should also be specific requirement that the relevant Monitoring Officer is informed immediately that an appeal has been submitted as the existence of an appeal is central to initiating a period of suspension or otherwise.

Q13.  Advertising for independent members of the standards committee: Do you agree the requirement to advertise vacancies for independent members on standards committees in newspapers should be removed?

Yes.

Comment: The cost of such adverts are high and anecdotal experience shows that most applicants come via other channels such as websites or existing networks of Independent Members. It is of more importance to ensure that able candidates from a wide range of backgrounds are attracted to the role and so WG should issue guidance on inclusive recruitment.

Q14a.     Former council employees sitting as independent members on standards committees: Do you agree that the lifelong ban on former council employees being independent members of their previous employer's standards committee should be removed? 

No.  The strength of Standards Committee at present is that they must consist of a majority of Independent Members who can without doubt be said to be truly independent and politically impartial.

Q14b.    If yes, what do you think would be a suitable period of grace between employment and appointment to a standards committee, and should this be the same for all council employees, or longer for those who previously held  statutory or politically restricted posts? 

Politically restricted officers should not be able to serve as Independent Members.  In respect of other officers, the position is more nuanced but it is suggested that this should not be allowed.  If, despite this view, WG wishes to allow them to be eligible then the period of grace for former employees should be long to minimise the perception that former employee is still affected by prior association with the Council. The period of grace could be set as a fixed period say 5 years or could be flexible based on (multiples of) length of their service with or without a minimum.

Q16.  Standards committees’ summoning witnesses and sanctions: Should standards committees have the power to summon witnesses?

Yes.

Comment: The same considerations apply here as to Question 5. Without its own powers of contempt, the mechanism to issue a witness summons would need an enforcement route, perhaps the power to seek a warrant from the  ...  view the full minutes text for item 6