Agenda item

To consider the report of the Monitoring Officer  (attached).

Submitted:-

·         The report of the Monitoring Officer inviting the committee’s observations on Part 4 of the Local Government Bill (Wales) 2015, in so far as it related to the functions of the Standards Committee, to be considered as part of the preparation of the corporate response to the Bill.

·         Part 4 of the draft Bill.

The Monitoring Officer explained that:-

·         Part 4 of the Bill imposed new duties on standards committees to deal with complaints that members of new prospective county councils had breached the statutory duties imposed upon them in terms of the performance of their functions, such as attending meetings, holding regular ward surgeries, answering correspondence, completing compulsory training courses and publishing an annual report.

·         Standards committees were also expected to monitor the compliance of leaders of political groups with their duties to take reasonable steps to promote and maintain high standards of conduct by members of their group and also to advise, and arrange relevant training.

·         Standards committees would also have a duty to provide an annual report to the Council describing how they have implemented those functions during the year.

·         The procedure for handling complaints about an alleged failure by a councillor
to abide by the duties imposed, required the Monitoring Officer to refer the matter to the chair of the Standards Committee.  Should the Monitoring Officer and the chair both consider that a matter should not be investigated, no investigation could take place, but should either the Monitoring Officer or the chair consider that a matter should be investigated, the Monitoring Officer would have to investigate it and provide a report of the investigation to the Standards Committee.

RESOLVED to submit the following observations on Part 4 of the Local Government Bill (Wales) 2015 to be considered as part of the preparation of the corporate response to the Bill:-

·         The idea of introducing statutory duties is supported as it sets a framework that should be worked within, but more clarity is required regarding the element of flexibility, e.g. is it acceptable for a member to explain that he/she is not holding surgeries as he/she is undertaking the work in another manner, and are members expected to acknowledge receipt of correspondence or provide a full response within 14 days?

·         Members of the new prospective county councils will sign up to this procedure and will therefore be aware of what is expected of them.

·         The investigation and enforcement procedure leads the Monitoring Officer and the Standards Committee into the field of managing the performance of individual members and it must be questioned whether or not the Standards Committee is the best resource to deal with under-performance within the Council and alternative methods of ensuring performance should be considered, such as the allowances procedure.

·         There is a concern regarding the implications of the proposed procedure, especially in terms of the Monitoring Officer and the Chair of the Standards Committee as the requirements are very broad and could nearly change the Chair's function into a full-time job and make it difficult to get people applying to become members of the Standards Committee.