Agenda item
To consider
the report of the Monitoring Officer
(attached).
Minutes:
Submitted –
(1) The Monitoring Officer
requested that the committee consider and determine applications by Councillor
Dilwyn Morgan, Gwynedd Council Member for Y Bala, for a dispensation relating
to the educational re-organisation of the catchment area of Ysgol y Berwyn, Y
Bala.
(2) A further request was
received by Councillor Elwyn Edwards, Gwynedd Council Member for Llandderfel,
after the report had been prepared, for a dispensation relating to the same
matter.
Before considering the requests, the
Monitoring Officer gave an outline of the school organisation process in the
catchment.
(1) Application by Councillor Dilwyn Morgan
The Monitoring Officer noted
that:-
·
The
Councillor had an interest in the matter because his grandson was a pupil at
Ysgol Bro Tegid.
·
The
Councillor had also noted on his form that he was a Governor at Ysgol y Berwyn,
but that this would not prevent him taking part in discussions as the Code of
Conduct gave specific permission for governors appointed by the Council to take
part, except when applications for permissions (such as planning) are being
discussed.
·
The
Councillor had requested a general dispensation, because of his role as a local
member, to participate in any meeting where he was invited to express the views
and opinions of his electorate.
·
The
Councillor did not believe that his participation would damage public
confidence.
Reference was made
to previous decisions in similar cases where members with an interest had been
granted dispensations to take part in only the local discussions, and it was
suggested that the precedent that had already been set should be adhered to so
that the committee was consistent in its decisions.
RESOLVED to approve the application for
dispensation for Councillor Dilwyn Morgan to speak, but not to vote at
Council-sponsored meetings about the reorganisation of schools in the Ysgol y
Berwyn catchment, Bala, which are held in the area. However, he would not be
allowed to speak, or be present or vote in any meeting of the Council, Cabinet
or any of his committees; and he is required, at every meeting in which he
participates, to clearly state that he has received a dispensation, and explain
the exact nature of the restraints on him, and that this is noted in the
minutes of such meetings.
(2) Application by Councillor Elwyn Edwards
The Monitoring Officer noted
that:-
·
The Councillor
had an interest in the matter because his grandsons and granddaughter were
pupils at Ysgol y Berwyn.
·
The
Councillor was given a dispensation in November 2009 to contribute to the
Catchment Review Panel discussions; but, because the nature of the local
discussions had changed since then, the recommendation was to update that
dispensation to reflect the current situation.
·
The
Councillor's existing application specifically requested a dispensation to sign
a petition calling for the new Berwyn Lifelong Learning School to be given
community status and to gather names for it.
In considering the matter, it was noted that
this was an application to act as a member of the Council, where the Gwynedd
Council Members Code of Conduct applied.
It was also noted that the application contained little information
regarding the exact nature of the action.
The committee was of the view that arranging a petition to be submitted
by a member of Gwynedd Council to the Cabinet could represent an attempt to
influence the decision to be made about the school.
The committee acknowledged the importance of
members’ input into local discussions of this nature, and had approved
dispensations to enable them to take part in local discussions and meetings,
despite having prejudicial interests.
However, the committee was of the view that presenting a petition
directly to those who were making the decision in this manner went beyond what
they would be willing to approve. Public
confidence in the process would be harmed if members with prejudicial interests
were given the opportunity to try to influence in this manner.
The signing of the petition was a matter
which the committee felt could fall within the same category of influence, but
was of the view that signing the petition in this context would not be likely
to harm public confidence in the process.
RESOLVED
(a) To
approve the application for dispensation for Councillor Elwyn Edwards to speak,
but not to vote at Council-sponsored meetings about the reorganisation of
schools in the Ysgol y Berwyn catchment, Bala, which are held in the area.
However, he would not be allowed to speak, or be present or vote at any meeting
of the Council, Cabinet or any of his committees; and he is required, at every
meeting in which he participates, to clearly state that he has received a
dispensation, and explain the exact nature of the restraints on him, and that
this is noted in the minutes of such meetings.
(b) To
refuse a dispensation for the Councillor to arrange the petition as the
committee was of the view that arranging a petition to be submitted by a member
of Gwynedd Council to the Cabinet could represent an attempt to influence the
decision to be made about the school and public confidence in the process would
be harmed if a member with a prejudicial interest was given the opportunity to
try to influence in this manner.
(c) To
grant a dispensation for the Councillor to sign the petition as the committee
was of the view that signing the petition in this context would not be likely
to harm public confidence in the process.
The Monitoring
Officer noted that he intended to hold a discussion with both councillors about
their individual rights as a result of the above decisions.
Supporting documents: