Agenda and draft minutes

No apologies were submitted

No declarations of personal or prejudicial interest were raised

No urgent matters were raised

To receive the minutes of the Standards Committee meeting held on 11^th January 2013 (copy enclosed).

The minutes of the Standards Committee meeting held on Friday 22^nd February 2013 were submitted.

Councillor David Jones pointed out that his comments in the discussion of Item 6 – Code of Conduct Training had related specifically to the training offered by One Voice Wales on finance and governance.

In a development from the previous meeting’s discussion of Item 7 – North Wales Standards Committees Forum, the Monitoring Officer (MO) had been informed that the restriction on the number of places available at the Standards Conference Wales 2013 had been removed and that any member of the Standards Committee interested in attending would be able to. Councillor David Jones, Rev Wayne Roberts, Mr Ian Trigger and Mrs Paula White had previously confirmed their intention to attend the conference, and Councillor Colin Hughes said that he would inform the MO if he was also able to be in attendance.

The MO took this opportunity to notify the committee that the judicial proceedings to appoint Paul Penlington to the Council had been resolved, and that Councillor Penlingon had been formally confirmed in post on 19^th February. The MO was working with Councillor Penlington to ensure he would be fully trained to undertake his duties as an elected member, including training in the Code of Conduct.

RESOLVED that, subject to the above amendments, the minutes of the meeting held on 22^nd February were accepted as a true and accurate record

Councillor David Jones noted that he had recently attended a meeting of the Llandegla Community Council. The meeting had been well prepared, with a good agenda and a structured debate. Seven of the nine members of the Community Council had been in attendance, and a member of the public had also been present. Overall, Councillor Jones had no issues with how the Community Council conducted its business and the meeting seemed to be very well run.

Ms Margaret Medley reported that she had attended a Full Council meeting at County Hall, Ruthin, on 5^th January. A number of weaknesses were observed in regard to the pattern of debate, with some councillors seemingly under-prepared and other repeating points that had already been made. Ms Medley emphasised the importance of thorough preparation for meetings to ensure a thorough but focused debate. The MO recognised Ms Medley’s concerns but added that the issues discussed at the meeting concerning the Council’s budget setting and the NHS Review were particularly contentious, with many councillors present wishing to speak. The Chair of the Council had been considered to have managed the meeting well in the circumstances and had been commended at the end of the meeting. The MO stated that there was no specific training on preparing for meetings, but that members had received training in financial matters and budget setting prior to the meeting, and the apparent lack of preparation was attributable in part to late changes delaying the availability of some of the reports.

The MO noted that the Welsh Government had developed proposals for Councils to broadcast public meetings and, although this was not mandatory, Denbighshire would be exploring the potential for broadcasting meetings. Some councils in Wales had already piloted this with mixed results.

RESOLVED that the feedback from members of the Standards Committee who had recently attended town, community and county council meetings was noted

To receive an information report (copy enclosed) which provides Members of the Committee with details of the training session arranged for Town and Community Councils in chairing skills, scheduled for 16^th May 2013.

The Deputy Monitoring Officer (DMO) introduced a report which gave details of the proposed arrangements for the chairing skills training that would be offered to the Chairs and Vice-Chairs of Town and Community Councils on 16^th May at County Hall, Ruthin. An external trainer recommended by the Welsh Government, Julia Wright, would deliver the training, which would focus on building discussions and anticipating problems to work towards effective decision making. It was expected that developing chairing skills would promote the improvement of conduct and ethical standards, and contribute to the lawful discharge of local democratic functions.

Due to the anticipated demand, attendance would be limited to two places per council at a fee of £30 per head, which would allow the current or prospective Chairs and Vice-Chairs to attend. The Chair of the Standards Committee indicated his interest in attending the training but Rev Wayne Roberts would be unable to attend.

RESOLVED that

      i.        members of the Standards Committee note the arrangements for delivering the chairing skills training; and

    ii.        the Chair of the Standards Committee would attend the training event

To receive a report from the Monitoring Officer (copy enclosed) which presents to the Committee the Ministerial Letter regarding the Ethical Framework.

The MO delivered a report which presented a letter from the Minister for Local Government and Communities on the Local Government Ethical Framework, and gave an overview of the letter’s content and its significance for the Council. The letter referred to a number of issues covered in the ‘Promoting Local Democracy’ White Paper and offered an update and further guidance on the implementation of the White Paper’s provisions. The Committee discussed these issues and agreed on a response that would be submitted to the Minister.

Local resolution of low-level complaints against members’ conduct

The Minister had endorsed the recommendation of the Public Services Ombudsman for Wales for local authorities to adopt a resolution process for low-level member complaints, and authorities had been asked to make arrangements for the voluntary adoption of a common protocol. The MO confirmed that the Council had adopted the protocol and expressed his support for the quicker, more efficient new process for investigating issues that would not otherwise merit the attention of the Ombudsman. The MO envisioned a mediation process involving political group leaders, with an option to escalate complaints to the Standards Committee as necessary. This would be trialled with the County Council before being extended to Town and Community Councils. The Committee were advised any complaints from the public would still need to go to the Ombudsman.

The Committee acknowledged the need for a process for resolving low-level complaints, and the importance of the role of the Committee in this process. The Chair asked how the level of complaints would be delineated to determine referral, and the MO suggested that the process was intended to address minor complaints such as allegations of disrespect between members. The MO would consult with the Ombudsman to establish precedent in how specific cases had been handled in the past, which would inform the referral process.

The Committee agreed to respond to confirm their support for the local resolution process and to detail the arrangements in place.

Voluntary cap on indemnities

The White Paper had recommended the introduction of a voluntary cap of £20,000 offered by local authorities as an indemnity to cover legal costs incurred by members subject to misconduct proceedings. The MO explained that the procedure in Denbighshire required an application for an indemnity to be submitted to the Corporate Governance Committee, but that there were no restrictions in place to limit the sums that could be paid. The MO emphasised the importance of members being able to defend themselves against Code of Conduct allegations, but noted the Welsh Government’s concern at the potential for legal costs to spiral. The Council would be obliged to recoup any money paid under the indemnity if a censure is upheld, and the Council would have no flexibility in exercising this.

The Ombudsman had indicated that he would be prepared to agree to a mutual cap on legal costs, and the Committee agreed that, as the cap would apply equally, this would probably be considered proportionate under Article 6 of the European Convention on Human Rights, which protected the right to a fair trial. It was, however, agreed to seek to clarification from the Minister.

The Committee noted that although the cap on indemnities allowed for a generous sum to be allocated, it was considered to be important that members were offered support to exercise their role, which sometimes involved speaking on contentious subjects with the inherent risk of censure.

The Committee agreed to support the introduction of a cap on indemnities payable to members in respect of legal costs, to be placed at £20,000.

Amendment of Code of Conduct

The  ...  view the full minutes text for item 7.

The next meeting of the Standards Committee is scheduled for 10:00am on 12^th April 2013 at Conference Room 1, Ty Nant, Prestatyn.

It was noted that the next meeting of the Standards Committee was scheduled for 12^th April 2013. The Standards Conference Wales 2013 would be held in Llandudno on 19^th April.

The MO introduced a confidential report, circulated prior to the meeting, which provided an overview of complaints made against members lodged with the Public Services Ombudsman for Wales since 1st April 2012.

The MO advised that a case involving a member failing to disclose a personal interest in a business item had been postponed pending the outcome of an unrelated court case involving the member. This had now been resolved and the MO would bring a report on the case to the next meeting.

Another case concerning a complaint of a lack of respect and consideration shown involved an individual who was no longer a councillor. The MO stated that he would bring a full report on the circumstances of the case to the next meeting.

RESOLVED that report be received and noted

The Chair thanked the members of the committee and the officers present for their contribution and attendance at the meeting.

The meeting concluded at 11.25 a.m.