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  • Agenda, decisions and minutes

    Standards Committee - Monday, 11th July, 2022 10.30 am

    • Attendance details
    • Agenda frontsheet PDF 351 KB
    • Agenda reports pack PDF 2 MB
    • Printed decisions PDF 302 KB
    • Printed minutes PDF 327 KB

    Venue: Virtual Meeting - Zoom

    Contact: Eirian Roberts  01286 679018

    Items
    No. Item

    1.

    ELECTION OF CHAIR

    *To elect a Chair for this committee. 

    Decision:

    To elect Dr Einir Young as Chair of this Committee.

     

    Minutes:

    RESOLVED to elect Dr Einir Young as chair of this committee.

     

    2.

    ELECTION OF VICE-CHAIR

    *To elect a Vice-chair for this committee.

     

    *N.B. – The relevant regulations state:-

     

    “Only an independent member of the Standards Committee may be the Chair and Vice-Chair.”

     

    Decision:

    To elect Mr Hywel Eifion Jones as Vice-chair of this Committee.

     

    Minutes:

    RESOLVED to elect Mr Hywel Eifion Jones as vice-chair of this committee.

     

    3.

    APOLOGIES

    To receive any apologies for absence.

     

    Minutes:

    None to note.

    4.

    DECLARATION OF PERSONAL INTEREST

    To receive any declarations of personal interest.

     

    Minutes:

    None to note.

    5.

    URGENT ITEMS

    To note any items that are a matter of urgency in the view of the Chair for consideration.

     

    Minutes:

    No urgent matters were raised.

     

    6.

    MINUTES pdf icon PDF 308 KB

    The Chair shall propose that the minutes of the previous meeting of this committee held on 14th February, 2022 be signed as a true record.

     

    Minutes:

    The Chair signed the minutes of the previous meeting of this committee held on 14 February, 2022 as a true record, subject to correcting two references to the Chair as 'he’ rather than 'she' in the English version, as noted below:-

     

    “The Chair noted that the discussion on Richard Penn's Report in the Standards Conference had been of a very high standard, but we, in Gwynedd, had made great strides in understanding the report from our perspective. She added that if any other standards committees had undertaken a similar exercise to the Task Group in Gwynedd, it would be interesting to bring all the work together to see whether there were similar themes that could be discussed further.”

     

    “The Chair shared the slides ‘Standards – a view from Gwynedd’ that she had presented at the recent All Wales Standards Conference.”

     

    7.

    ANNUAL REPORT OF THE STANDARDS COMMITTEE 2021-22 pdf icon PDF 182 KB

    To submit the report of the Propriety and Elections Manager.

    Additional documents:

    • Item 7 - Appendix , item 7. pdf icon PDF 434 KB

    Decision:

    To approve the annual report to be submitted to the full Council on 6 October, subject to adding an introduction and foreword by the Chair and Monitoring Officer, reference to the Ombudsman’s response to the Committee’s decision on the complaint referred to it, and to make minor alterations to the members' biographies.

     

    Minutes:

    Submitted – the report of the Propriety and Elections Manager attaching a draft of the committee's annual report for 2021/22.  The committee's observations and approval of the document were invited.

     

    It was noted that one member had submitted an update to his biography already, and members referred to further updates / corrections, namely:- 

     

    ·         Mr Hywel Eifion Jones - no longer a member of the Betsi Cadwaladr Board, but was now a member of Gwynedd Council's Governance and Audit Committee.  He was also the Chair of Adra and a member of the Gwynedd Pension Board.

    ·         Councillor Beth Lawton - no longer the Vice-chair of Gwynedd Council Care Scrutiny Committee, but was now the Chair of the Education and Economy Committee for 2021/22.

    ·         Councillor Anne Lloyd Jones - continued as Treasurer of the local NSPCC branch.

     

    It was suggested that a reference should be included under the heading 'Cases which appeared before the Committee' to the Ombudsman's positive response to the Committee's decision on the complaint referred to him, noting that the case was one that failed to go to appeal as the Committee had carried out its work so thoroughly, as a result of the support provided by the Department and officers.

     

    RESOLVED to approve the annual report for submission to the Full Council on 6 October, subject to adding an introduction and foreword by the Chair and Monitoring Officer, a reference to the Ombudsman's response to the Committee's decision and the complaint referred to it, and to make minor changes to the members' biographies.

     

     

    8.

    SELF ASSESSMENT AND WORK PROGRAMME pdf icon PDF 245 KB

    To submit the report of the Monitoring Officer.

    Decision:

     

    (a)          To adopt the following as the committee’s self-evaluation of its performance in 2021/22.

     

    FUNCTION

    ASSESSMENT

    (1/2/3/4)

     

    Evidence

    Further action

    1.  Promote and maintain high standards of conduct by members

     

     

    1.

    The Chair and Vice-chair had attended the North Wales Standards Forum to share experiences with other standards committees.

     

    Submit an annual report to the Full Council

     

    The Committee had received a report on the Local Government and Elections (Wales) Act 2021

     

    Continue to attend and support

     

     

     

    2.  Assist the members to adhere to the Code of Conduct

     

    3.

    The Monitoring Officer and his team provide advice and guidance at meetings, and on a one-to-one basis for members.

     

    Resume training stages when resources permit

    3.  Advise the Council with regard to adopting or amending the Code of Conduct

     

    1.

    No occasion has arisen to amend the Code.

     

    4.  Monitor the implementation of the Code of Conduct

     

    3

    Receive regular reports of allegations against members

     

    Receive the annual reports of the Ombudsman and the Adjudication Panel for Wales.

     

     

     

     

     

    The Committee resolved to commence the work on the new duty imposed on Political Group Leaders regarding the conduct of their members.

     

    Continue to monitor and consider alternative methods of receiving information.

     

    Receive annual reports on the register of interests and hospitality.

     

    Following the Election, steps will be taken to work with Leaders to establish operational arrangements for the new provision.

     

    5.  Advise, train or arrange for members to receive training on matters relating to the Code of Conduct

     

     

    3.

    Induction training was arranged for new members of Gwynedd Council in preparation for the elections.

    Need to look at providing new training.

    6.  Granting dispensations to members

     

    1.

    No applications have been considered under the new procedure. 

     

     

    7.  Deal with reports of case tribunals and any reports from the Monitoring Officer on matters referred by the Ombudsman

     

    1.

    One case referred to the Committee by the Ombudsman was dealt with.

     

    8.  Authorise the Monitoring Officer to pay allowances to persons assisting with an investigation

     

    No action required

    There were no occasions where such an allowance was due

     

     

    9.  Exercise the above functions in relation to community councils

     

    3

    The Monitoring Officer and his team provide advice and guidance to councillors, clerks and members.

     

    Adopt a training pilot on the Code of Conduct.  A session has been included to pilot the content of the course.

     

    This must be considered as a priority.

     

     

    (b) Approve the following work programme for 2022/23:-

     

    11 July 2022

    Annual Report

    Allegations against Members

    Local Government and Elections (Wales) Act 2021

     

    21 November 2022

    Register of Gifts and Hospitality

    Declaration of Interests Register

    The Ombudsman’s Annual Report

    Allegations against Members

    Adopting a Protocol for Political Group Leaders

     

    13 February 2023

    Adjudication Panel's Annual Report

    Allegations against Members

    Self-assessment and Work Programme

    The Committee’s Annual Report

     

    (c)  To authorise the Chair and Community Committee Member, in consultation with the Monitoring Officer, to press on with the work with a sample of community and town council clerks to better understand their  ...  view the full decision text for item 8.

    Minutes:

    Submitted – the report of the Monitoring Officer inviting the committee to:-

    ·         undertake a self-assessment of the work and outcomes of the committee during 2020/21; and

    ·         consider a draft work programme for 2022/23.

     

    When conducting the self-assessment, the following points were noted:-

     

    ·         It would be beneficial to number the functions in the table from now on.

    ·         It should be ensured that the Committee's previous self-assessments are to hand in the future in order to be able to compare, ensure consistency and measure progress.

    ·         Disappointment was expressed that only 5 out of the 69 county councillors were present at the recent training on the Code of Conduct.  In response, it was explained that every county councillor had received general training on the Code as a part of the welcome days following the recent elections, and that at least one other detailed session had been arranged.  It was intended to hold a similar session with the co-opted member of the Education and Economy Scrutiny Committee as well.

    ·         It was suggested that the proposed Political Groups Leaders Protocol was a way of getting a better order of the situation by placing pressure and responsibility on the Leaders to ensure that their members attend such training.

    ·         It was suggested, in terms of being visible, that the members of the Standards Committee, or at least the Chair/Vice-chair should be present at the start of the training sessions.

    ·         It was suggested that it was misleading to say that only 5 members had attended the recent training on the Code as the training was being recorded and available on the Members' Intranet for everyone to watch in their own time.  It was noted that it would be beneficial to know how many people had watched the recording and the Propriety and Elections Manager agreed to make enquiries about that.

    ·         It was asked whether the recording of the training was also available for the members of community and town councils.  In response, it was explained that the recording was currently only available on the Gwynedd Members' Intranet, but certainly the Council could arrange access for community and town council members.  It was noted that it was important that the recording was available for all, and it was suggested that it would be beneficial to also include the training on the Standard Committee's website. The Propriety and Elections Manager noted that he would look at the best way forward in terms of ensuring that the resource was available.

    ·         With reference to the function of monitoring the implementation of the Code of Conduct (4), the Propriety and Elections Manager explained that the Ombudsman had brought the Code of Conduct Case Book to an end, and now there was a need to go onto the Ombudsman's website to look for information about cases.  To that end, there was a need to look at the best way of presenting information to the Committee in the future.  Possibly, this could be combined with the regular reports on allegations against members, with the aim  ...  view the full minutes text for item 8.

    9.

    ALLEGATIONS AGAINST MEMBERS pdf icon PDF 261 KB

    To submit the report of the Propriety and Elections Manager.

    Decision:

    To note the information.

    Minutes:

    Submitted – the report of the Propriety and Elections Manager presenting information about the Ombudsman's decisions on formal complaints against members.

     

    With reference to complaint number 202004473, concern was expressed that it had taken so much time for the Ombudsman to come to the opinion that the member had failed to comply with the Code of Conduct, and it was noted that this was completely unfair on the member who had had to face an election with this matter casting a shadow over him.  In response, it was noted that his point was often raised, and although the Ombudsman's Office said that they were speeding up the process of carrying out an initial assessment to decide whether the complaint should be investigated or not, the investigation itself could take a great deal of time.

     

    RESOLVED to note the information.

     

     

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