Agenda, decisions and minutes

To receive any apologies for absence.

None to note.

The Chair shall propose that the minutes of the previous meeting of this committee held on 11th July, 2022 be signed as a true record.

The Chair signed the minutes of the previous meeting of this committee held on 11 July 2022 as a true record.

To receive any declaration of personal interest.

None to note.

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

No urgent matters were raised.

To submit the report of the Monitoring Officer.

1.    Agree on the draft Terms of Reference, including representation.

2.    Approve the proposed arrangements to support the National Forum.

Submitted – the report of the Monitoring Officer inviting the committee to approve the proposed arrangements to support the Standards Committee National Forum, and to agree a draft Terms of Reference for the Forum.

During the discussion, the following matters were raised:-

·         The proposal to set up a National Forum in order to establish consistency in the arrangements across Wales was welcomed.

·         In response to a question, the Monitoring Officer noted that it was intended to hold the first meeting of the Forum in December, subject to arranging a date.  In relation to representation from Gwynedd, it was likely that the Vice-chair of this committee would be asked to attend this time, as the term of the Chair was ending in December, but this was dependent on the exact date of the Forum.

·         The Chair suggested, as the Monitoring Officer would not normally attend Forum meetings, that the Chair and the Monitoring Officer should meet soon after each meeting, to allow the Chair to inform the Monitoring Officer of the matters raised, so that the Monitoring Officer could then provide feedback to the Standards Committee.

RESOLVED

1.         To agree on the draft Terms of Reference, including representation.

2.         To approve the proposed arrangements to support the National Forum.

To submit the report of the Monitoring Officer.

1.    Approve the Protocol on the Duties of Leaders of Political Groups and the Standards Committee to be signed by the Chair of the Committee and the Political Group Leaders.

2.    Accept a further report on the implementation of the Protocol to the Standards Committee meeting in June.

Submitted – the report of the Monitoring Officer inviting the committee to approve a draft Protocol on the Duties of Political Group Leaders and the Standards Committee.

During the discussion, the following matters were raised:-

·         It was suggested that the second bullet point under the Protocol Actions should be strengthened, to note ‘Expect group members to attend relevant development or training opportunities...’ rather than  ‘Encourage’ to do so, thereby placing a duty on the group leaders to make that a priority.  In response, the Monitoring Officer noted that this had arisen in the discussions with the Group Leaders, and that the statutory guidance was to suggest ‘encourage’. The action referred to working with the Monitoring Officer to arrange that all Group members had attended Code of Conduct training at the beginning of the term. It was not believed that the Group Leaders had powers to enforce this, and it was suggested that a mindset of collaboration was a more practical and constructive method of achieving this.

·         It was noted that it could be more difficult for Independent Group leaders to maintain order as they had no political party powers to support them.  In response, it was noted by the Monitoring Officer that this was now a statutory requirement, but that it was a vehicle for working with Leaders to promote good standards, conveying key messages and solving problems through discussion, and sooner, and before they intensify.

·         Referring to the recommendation to submit a further report on the operation of the Protocol at the June meeting of the Standards Committee, it was noted that it would be desirable to have confirmation that the three Group Leaders had signed the Protocol by then.  In response, the Monitoring Officer noted that the intention was to approve the Protocol now, to be signed by the Leaders.

·         It was noted that it was difficult for the Standards Committee to monitor the compliance of Leaders as only three committee members were councillors, and the Monitoring Officer was asked to inform the committee in June if any problems had arisen. In response, the Monitoring Officer noted that he did not anticipate that situation, but if he came across a substantial problem, he was duty-bound to report on it to the Standards Committee.

·         In response to a concern expressed by a member regarding two matters relating to conduct that had arisen recently, the Monitoring Officer explained that the protocol did not replace the Ombudsman's complaints procedure and complaints under the local resolution procedure, and where it was believed that a member had breached the Code of Conduct, the usual channels would be followed.

RESOLVED

1.         To approve the Protocol on the Duties of Political Leaders and the Standards Committee to be signed by the Chair of the Committee and the Political Group Leaders.

2.         To receive a further report on the implementation of the Protocol at the meeting of the Standards Committee in June.

To submit the report of the Monitoring Officer (to follow).

To accept the report and ask the Monitoring Officer and the Community Committee Member to prepare an action plan that reflects the contents of the report.

Submitted:-

·         A report by the Chair of the Standards Committee and the Community Committee Member following the completion of a piece of work to better understand the needs of community council clerks in relation to the ethical framework and specifically the functions of the Standards Committee.

·         Monitoring Officer’s observations on the report.

The Monitoring Officer summarised the conclusions of the report in the context of the Committee's statutory functions in relation to community councils, and the Community Council Member was then invited to comment on his findings.

The Community Committee Member noted:-

·         The work with a selection of town and community council clerks had highlighted that clerks sometimes had difficulty in contacting the County Council, and that the County Council should provide a specific helpline for them.

·         It would be beneficial if Welsh Government prepared a simple leaflet on the Code of Conduct for town and community council members, and that all members of all councils received a copy of it when signing to become a councillor.

·         Community council members were confused about their powers in relation to their relationship with the County Council.

During the discussion, the following matters were raised:-

·         The Chair and the Community Council Member were thanked for their significant work in preparing the report, and it was noted that the picture was unsurprising, as councils differed greatly.

·         A question was asked about the observation in the Executive Summary that the relationship with Cyngor Gwynedd was more complicated and needed attention.  In response, the Chair explained that the clerks knew that they should turn to the Monitoring Officer on matters relating to standards, but found it more difficult to know who to approach in the County Council regarding other issues.  Although this did not directly relate to standards, it was a matter that had arisen consistently during the discussions with clerks.

·         The Monitoring Officer was requested to present the suggestion of establishing a dedicated helpline for the clerks to the Chief Executive.  In response, the Monitoring Officer noted, although he would be happy to convey the request, that he was unclear about the business case behind it, and was of the view that it would be difficult to progress the idea, particularly in the Council's current difficult financial position.  He also noted that he did not believe that the report provided a balanced picture in relation to the County Council’s current working practices with town and community councils, and that it was likely that there were a number of different points of contact across the county in that respect.

·         In response to the observation that it would be beneficial for the Welsh Government to prepare a leaflet on the Code of Conduct for members, the Monitoring Officer noted that there were specific Code of Conduct guidelines for town and community councils on the Ombudsman's website. A member suggested, although he welcomed the idea of a leaflet, that it would be better to provide a training video on YouTube, and that each councillor would have to sign  ...  view the full minutes text for item 7.

To submit the report of the Propriety and Elections Manager.

To note the information.

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

RESOLVED to note the information.