Agenda and draft minutes

None.

The Chair, Independent Member, Julia Hughes declared a personal interest in item 5 as she had a close relationship with members of Llandyrnog Community Council. The Chair would still Chair the item however, she would abstain from the vote.

No items of an urgent nature had been raised with the Chair prior to the commencement of the meeting.

The Chair stated a change in the order of the agenda with the two dispensation requests coming before the minutes of the previous meeting. The agreed order of the agenda would follow these items.

To consider a report (copy attached) on the application for grant of dispensation from Gwyddelwern Community Council from the Monitoring Officer.

The Deputy Monitoring Officer (DMO) presented the Application for Dispensation by members of Gwyddelwern Community Council (previously circulated) to allow the Committee to consider the application, determine whether or not to grant the dispensation and any conditions to be attached to the dispensation.

The Chair welcomed and introduced representatives from Gwyddelwern Community Council, Councillor Dyfan Roberts and Clerk Carys Williams.

The DMO gave a brief background to the reason for the dispensation. An application had been received for the dispensation for members of Gwyddelwern Community Council to actively participate in an item relating to a planning application in their area. A number of Community Councillors had connections with the applicant. The grounds for the application would appear to be that without dispensations there would not be sufficient members available to form a quorum. Full details of the application were appended to the report.

The Clerk stated that 9 Councillors were related to the applicant by marriage, Councillor Dyfan Roberts further explained his relationship to the applicant to the Committee and highlighted that only 4 Councillors would be able to vote in discussions if the dispensation was not granted.

The Chair thanked the representatives for the details they gave, and questions were welcomed from members.

Members sought clarity on whether the Community Council was a consultee of the planning application or whether they were just involved in the decision process. The Clerk stated that Councillors would provide their opinions on the planning application but would not be involved in the final decision.

Members questioned how long the dispensation would be needed for. The Clerk stated that they would require a dispensation until the end of the planning consultation.

At this juncture the committee adjourned to consider the Dispensation request.

The Deputy Monitoring Officer informed the Committee that an exemption or dispensation could be granted by the Standards Committee by virtue of the Local Government Act 2000. She referred them to the regulation extract in Appendix 2.

It was -

RESOLVED: that a dispensation request be granted to the Councillors of Gwyddelwern Community Council in respect of any business relating to the planning application within the area for the duration of the consultation period only, under Section 81 (4) 2a of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001:

·       No fewer than half of the members of the relevant authority or of a Committee of the authority by which the business is to be considered has an interest which relates to that business.

To consider a report (copy attached) on the application for grant of dispensation from members of Llandyrnog Community Council from the Monitoring Officer.

The (DMO) presented the Application for Dispensation by members of Llandyrnog Community Council (previously circulated) to allow the Committee to consider the application, determine whether or not to grant the dispensation and any conditions to be attached to the dispensation.

The Chair welcomed the representative from Llandyrnog Community Council, Chair of Llandyrnog Community Council, Gwen Butler.

The DMO gave a brief background to the dispensation request. An application had been received for the dispensation of Llandyrnog Community Council to actively participate in any item relating to the village Community Shop, Hub and Post Office which came before the Council. This was on the grounds that the majority of the Community Council members were shareholders and for all to declare an interest would render the meeting inquorate. Full details of the dispensation request were appended to the report.

The Chair of Llandyrnog Community Council gave further detail to the Committee regarding their application.

In June 2023 funds were sought by means of a local `share` offer. The majority of the present members of the Community Council purchased shares, together with over 300 local residents. The maximum shareholding available was £7000. The shares would not pay a dividend at any time, therefore no one would gain financially on a personal level – it was a means of helping to support a project. The shares raised a total of over £50,000.

The Community Shop, Hub and Post Office had opened in recent weeks and was doing well. However, the Llandyrnog Community Council was mindful that as almost every Councillor was a shareholder (albeit in terms of shareholding means and no financial gain was possible), each Councillor would need to declare an interest in any business relating to the village shop. This would result in the meeting not being quorate. The Llandyrnog Community Council therefore requested the Standards Committee grant a joint dispensation for the named Councillors to participate in discussions and vote on any agenda items relating to the Llandyrnog Community Shop. It was also requested that the dispensation was granted for the run of term of each Councillor or until the next Local Government Election.

The Chair thanked the Chair of Llandyrnog Community Council for the detailed answers she gave and questions were welcomed from members.

Members questioned if the Councillors with shares in the shop were involved in the day-to day management of the shop. The Chair of Llandyrnog Community Council stated that no Councillors were involved in the above.

At this juncture the committee adjourned to consider the Dispensation request.

The Deputy Monitoring Officer informed the Committee that an exemption or dispensation could be granted by the Standards Committee by virtue of the Local Government Act 2000. She referred them to the regulation extract in Appendix 2.

It was –

RESOLVED: that a dispensation request be granted to the named Councillors of Llandrynog Community Council in respect of any business relating to the Community Shop, Hub and Post Office for the duration of a Council term or until the next Local Government Election, under Section 81 (4) 2a of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001:

·       No fewer than half of the members of the relevant authority or of a Committee of the authority by which the business is to be considered has an interest which relates to that business.

To receive the minutes of the Standards Committee meeting held on 13 September 2024 (copy enclosed).

The minutes of the Standards Committee meeting held on the 13 September 2024 were submitted.

Accuracy –

Page 10 – (item 5) – should read Members discussed a sanction that had been given to a Councillor by the Adjudication Panel for Wales (APW) and not a neighbouring Council’s Standards Committee.

Matters arising –

Page 8 – Allocation Reset – The Deputy Monitoring Officer stated that she would liaise with the Monitoring Officer and if possible, a written response would be provided to members prior to the next meeting.

Page 8 – City, Town and Community Council’s list of new or inexperienced Clerks – The Deputy Monitoring Officer stated she would collate a list of the new and inexperienced clerks over the past 12 months and circulate the list to Members.

Page 9 – Circulation of the PSOW Terms of Reference – The Deputy Monitoring Officer stated that these would be circulated following the meeting.

Page 10 – Action – The Deputy Monitoring Officer stated that the Monitoring Officer had spoken with colleague Monitoring Officers across North Wales and stated that the information provided to the Standards Committee was brief and wider information was taken into consideration for each case.

Page 13 – Action – The Deputy Monitoring Officer stated that an initial discussion had taken place looking into policies and procedures that the Standards Committee would need to review, and a full review was scheduled for the new year.

RESOLVED: that subject to the above, the minutes of the meeting held on the 13 September 2024 be received and approved as a true and correct record of the proceedings.

To consider a report by the Trainee Solicitor (copy enclosed) on the published ‘Our Findings’ page on the Public Services Ombudsman for Wales website.

The Trainee Solicitor, Elinor Cartwright, introduced the Public Services Ombudsman for Wales (PSOW): Our Findings report (previously circulated).

The report also covered the period in which decisions had been made by the Adjudication Panel for Wales (APW). This was not noted at the start of the report and the Trainee Solicitor stated that she would consider a change of the title of the overall report going forward.

The report covered the period from the 13 September to the 21 November 2024.

Since 13 September 2024 there had been one decision made by the APW in relation to references from the ombudsman. There were no appeals against Standards Committee Decisions.

Extracts from ‘Our Findings` and `Decisions` were appended to the report and were previously circulated.

The Trainee Solicitor guided members through the decisions raised by the ombudsman clarifying the tribunal decision.

The Chair gave her thanks for the report.

RESOLVED: that the Standards Committee notes the contents of the Public Services Ombudsman for Wales - `Our Findings` report.

To note the attendance by members of the Standards Committee at County, Town and Community Council and to receive their reports.

Members had not attended any meetings since the last meeting of the Standards Committee.

RESOLVED: that the attendance at meetings agenda item be noted.

To receive the Group Leaders Annual reports (copies attached) from the Monitoring Officer.

The Chair stated that meetings had been held with each Group Leader. Members had received the reports prior to the meeting, and they were previously discussed in length.

RESOLVED: that the Political Group Leaders’s Annual Reports be noted.

To receive a report (copy attached) on the Public Services Ombudsman for Wales - Local Resolution Procedures from the Monitoring Officer.

The Deputy Monitoring Officer guided Members through the report on the Public Services Ombudsman For Wales – Local Resolution Procedures.

The report related to areas of good practice which the Public Services Ombudsman Wales had highlighted following a recent review of local authorities, Local Resolution Procedures. Denbighshire had been highlighted as having areas of good practice which were recommended to other authorities. These were:

·       Standards of conduct/behaviour expected form Members.

·       Appropriate determinations that could be made under the LRP.

The report promoted high standards of conduct and behaviour as a means of strengthening respect and trust among members. It was not intended to replace the Code of Conduct, rather it was intended to sit alongside the Code, enabling behaviour which may not reach the threshold to become a breach to

be dealt with; and that which justified a formal complaint to the Ombudsman.

Denbighshire County Council’s Local Resolution Procedure was undergoing a review to include the good practice highlighted above.

The Chair thanked the Deputy Monitoring Officer for the report.

RESOLVED: that the Public Services Ombudsman For Wales – Local Resolution Procedures report be received and noted.

To receive the Draft Annual Standards Committee report (copy attached) from the Monitoring Officer.

The Chair highlighted an error with the name of the report, the report in the agenda pack was named the Chair’s Draft Annual Report however, the report was the Draft Annual Standards Committee Report.

The Annual Draft Standards Committee Report covered the calendar year, January to December 2024. It was previously agreed that the Chair would present the report annually to the Full Council in order to keep members informed of trends; issues in respect of compliance with the Members’ Code of Conduct generally across the County and the work of the Standards Committee in driving up standards of behaviour at the County level, but also at Town, City and Community levels.

The Standards Committee main role was to monitor adherence to the Members’ Code of Conduct. All Members were aware that their Code was founded (and should be read in conjunction with) the 7 Nolan principles of public life.

The Deputy Monitoring Officer guided members through the content of the report and during debate the following amendments were agreed by the Committee –

·       Members requested that the Committees Training Sessions were summarised to state that sessions were held monthly and include the number of Council visits attended by members of the Standards Committee.

·       Members requested on page 5 – Group Leaders Duty included areas of good practice. These included, Group Leaders discussing issues relating to standards and conduct in their Group Leaders meetings and putting this on their group meeting agendas. Group Leaders continuing to provide advice and support to new members and Group Leaders continue to provide training opportunities and encouraged members to attend training in accordance with member training conduct.

·       Members requested that on page 6 of the Draft Annual Report relating to the comment ` at the time of writing` be changed to the date the report was written or the duration the report covered (January 2024- December 2024).

·       Members requested on Page 8 – the Adjudication for Wales (APW) decisions were included under the Public Services Ombudsman for Wales- Our Findings`.

·       Members requested on Page 8 – National Standards Forum included agenda items from the National Standards Committee Forum. These were compiled from topics suggested by Standards Committees and Monitoring Officers considering emerging issues and areas. Topics during 2024 included -

·       Update on the Richard Penn review

·       Feedback and updates from Michelle Morris PSOW

·       Corporate Joint Committees (CJCs)

·       Social media guidance

·       Presentation from the President of the Adjudication Panel for Wales Claire Sharp and introduction to incoming President Meleri Tudor

·       Sanction guidance

·       Presentation from One Voice Wales

·       Review of local resolution procedures

·       Resourcing of Standards Committees

·       Training for Chairs and Vice Chairs

·       Group Leaders’ duty

·       Members requested on Appendix 1 to the report which was a summary of items on the agenda for Standards Committee during January 2024- December 2024 included APW decisions on the 13 September 2024 and on 13 December 2024 meeting it should say Draft Standards Committee Annual Report and not Draft Standard Committee Annual Report as stated in the appendix.

The Deputy Monitoring Officer informed Members that a revised draft of the Standards Committee Annual Report would be circulated to all Members for comments.

The Chair thanked the Deputy Monitoring Officer for the report.

RESOLVED: that, subject to the above, the Annual Standards Committee draft report be received and noted.

At this juncture in the meeting the Committee paused for a comfort break.

The meeting resumed at 12.10pm

To receive a verbal update on the recruitment of New Independent Members of the Standards Committee.

The Deputy Monitoring Officer stated that she had held discussions with the Monitoring Officer regarding the process of recruiting new independent Members to the Standards Committee. It was hoped that the process would start early in the New Year (2025).

Members would receive correspondence relating to the process and timescales in January 2025.

The Chair thanked the DMO and reiterated the importance of starting the recruitment process as soon as possible. It was also hoped that any new recruits would be invited to observe the March 2025 meeting of the Standards Committee.

RESOLVED: that the Recruitment of New Independent Members update be received and noted.

To consider the Standards Committee Forward Work Programme (copy attached).

The Standards Committee Forward Work Programme was presented for consideration.

Members requested that a Review of Policies and Procedures be added to the Forward Work Programme for the Standards Committee meeting scheduled for the 7 March 2025.

RESOLVED: that subject to the above, the Standards Committee Forward Work Programme be noted.

The next meeting of the Standards Committee is scheduled for 7 March 2025 at 10am.

The next meeting of the Standards Committee is to take place on the 7 March 2025.

EXCLUSION FROM PRESS AND PUBLIC

Resolved: that under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government At 1972.

The Monitoring Officer submitted a confidential report (previously circulated) providing an overview of complaints against members lodged with the Public Services Ombudsman for Wales (PSOW) since 1 April 2023.

There had been no new complaints notified to the DMO since the last meeting of the Committee.

RESOLVED: that the report be received and noted.

           Meeting concluded at 12.25pm