Issue - meetings

To consider a report by the Monitoring Officer (copy enclosed) advising members of the publication by the Public Services Ombudsman for Wales of revised guidance for elected members in respect of the Code of Conduct.

The Monitoring Officer (MO) submitted a report (previously circulated) advising members of the publication of the Public Services Ombudsman for Wales revised guidance for elected members in respect of the Code of Conduct.  Links to the full revised guidance had been made available to the committee prior to the meeting.

Further to the Ombudsman’s guidance for members published in April 2010, revised guidance had now been issued in two separate documents for (1) Members of County and County Borough Councils, Fire and Rescue Authorities and National Park Authorities, and (2) Members of Community Councils.  The rationale behind providing separate guidance for Community Councillors was to provide greater clarity and examples which specifically applied to them.  The MO summarised the content of the revised guidance which included reference to –

·        the new procedure for dealing with complaints whereby the Ombudsman would refer matters that he considered not investigating to Monitoring Officers and Standards Committees for local investigation

·        local resolution procedures (such as the Self Regulatory Protocol adopted by Denbighshire County Council) which would apply to  principal councils in the first instance but could be made available to community councillors in due course, and

·        changes to the substance of the guidance relating to treating others with respect and consideration – the threshold beyond which the Ombudsman would investigate complaints arising from political debates must take into account the fact that members needed to have a ‘thicker skin’ in dealing with politically motivated comments.

In terms of the changes to the investigation of politically motivated complaints the MO advised that the revised guidance had taken into account a recent High Court case which overturned an Adjudication Panel decision on the basis that a member’s freedom of expression attracted enhanced protection when his comments were political in nature.  The MO elaborated upon the details of the case and advised that Monitoring Officers across Wales were concerned about the approach taken by the Ombudsman as they believed the tone of the guidance to be almost permissive which had not been the intention.  Those concerns had been raised with the Ombudsman who had agreed to reconsider the wording of that particular section in the guidance.

The Chair thanked the MO for his clear description of the High Court case and subsequent implications of the revised guidance for members.  Councillor David Jones felt that despite the clear explanation it was still a complex issue to interpret.  The Chair queried whether the revised guidance would result in extra work for the committee.  The MO replied that the Ombudsman was unlikely to investigate complaints made at county level between members which may instead be dealt with via the Self Regulatory Protocol which would have implications for the committee.  Ms. Margaret Medley thought that an increase in cases investigated locally might help to improve councillors’ behaviour.

RESOLVED that the contents of the Ombudsman’s revised guidance be noted.