Agenda and draft minutes
Venue: Conference Room 1a, County Hall, Ruthin
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ELECTION OF VICE CHAIR To appoint a Vice Chair of the Standards Committee. Minutes: RESOLVED – that Mrs Paula White be appointed Vice Chair of the
Standards Committee. |
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APOLOGIES |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Minutes: No Members declared any personal or prejudicial
interests in any business identified to be considered at the meeting. |
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URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972. Minutes: In accordance with
the requirements of Section 100B(4) of the Local
Government Act 1972, the Chair declared that he intended to include for
discussion the following matter requiring urgent attention:- 1.
Consultation on the Public Services Ombudsman for Wales: Three Year
Strategic Plan The Committee were informed by the MO that he had
received, on the 3rd December, 2015, a consultation document in
respect of Public Services Ombudsman for Wales: Three Year Strategic Plan, and
that a response had been requested by the 2nd February, 2016. The Committee agreed with the suggestion that the MO
circulate the consultation document and seek responses from Members of the
Committee, which would be collated and re-circulated to the Members for further
consideration. The MO explained that the
wording “Code of Conduct” or “Members Code of Conduct” did not appear in the
document, and he intended to make reference to this in the response. Members agreed that an item regarding the Consultation
on the Public Services Ombudsman for Wales:
Three Year Strategic Plan be included in the Committee’s forward work programme
for its meeting on the 4th March, 2016. |
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MINUTES OF THE LAST MEETING PDF 196 KB To receive the minutes of the Standards Committee meeting held on the 18th September, 2015 (copy enclosed). Minutes: The Minutes of the Standards Committee held on the 22nd
May, 2015 were submitted. Accuracy:- Present:- Councillor D.E.
Jones name be removed from the list of Members present as he had submitted an
apology for absence. Apologies:- The names of
Councillors B. Mellor and D.E. Jones be included as having submitted apologies
for absence. Matters
arising:- 7. Visits to City, Town and Community Councils – In
reply to a request from Independent Member J. Hughes (JH), it was agreed that
an updated list of visits undertaken by Members of the Committee between the
previous and the present meetings be provided to ensure that there was no
duplication of visits to CTCC’s. In response to a question from Independent Member A.
Mellor (AM) it was agreed that it might be beneficial if JH, as a Welsh
speaking Member of the Committee, attended specified meetings in the area
designated as Cluster 3. The MO agreed
that an updated list of CTCC, including contact details and where available
times and dates of meetings, be circulated to Members of the Standards
Committee. In reply to a question from Councillor W.L. Cowie
regarding the role of Standards Committee Members in reporting back to the
Standards Committee following their attendance at meetings, particularly in
cases where a legal officer of the Council had also been in attendance. Councillor Cowie sought clarification
regarding the respective roles of the Standards Committee Members and that of
legal officers in such circumstances. The MO outlined the role of the Standards Committee
and its Members in the setting and observing of standards to reflect the
public’s perception of the manner in which the Council and its Members conducts
itself. He explained that the
Committee’s remit was to provide support for the Monitoring Officer and Elected
Members of the County, City, Town and Community Councils. The MO referred to the possible benefits of
discussing issues which might arise at meetings attended by legal officers, and
assured the Committee that legal officers would not feel undermined by the
attendance of Members of the Standards Committee at meetings at which they were
present. Following further discussion, it was:- RESOLVED – that, subject to the above, the Minutes be received
and approved as a correct record. (GW to Action) |
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FORWARD WORK PROGRAMME PDF 11 KB To consider the Standards Committee Forward Work Programme (copy attached). Minutes: The Monitoring
Officer (MO) submitted a report (previously circulated) presenting the Forward
Work Programme for consideration and adoption. Members considered the Standards Committee Forward
Work Programme and agreed the following amendments and additions:- 4th
March, 2016:- (a)
Consideration of
the draft Standards Committee Annual Report. (b)
Consultation
on the Public Services Ombudsman for Wales: Three Year Strategic Plan update. (c)
Code of Conduct
Case Book update. Members
were informed that dates for the presentation of reports to the Committee, in
respect of meetings of the North Wales Standards Forum, would be included in
the forward work programme following the agreement of dates for future
meetings. RESOLVED –that, subject to the above inclusions, the Standards
Committee agree the Forward Work Programme. (GW, CW to Action) |
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DRAFT PUBLIC SERVICES OMBUDSMAN (WALES) BILL - CONSULTATION PDF 75 KB To receive a
report from the Deputy Monitoring Officer (copy enclosed) which provided a copy of the draft PSOW Bill and
sought comments from the Committee in order for a response to be compiled. Additional documents: Minutes: A
copy of a report by the Deputy Monitoring Officer (DMO), which provided a copy of the draft Public Services Ombudsman
Wales Bill, and sought comments from the Committee in order for a response to
be compiled, had been circulated previously. It was explained
that the report would enable Members to consider the proposals and contribute
to the formal consultation process. At a recent
Standards Committee meeting a business item had been presented on the Annual
PSOW Report 2014/15, when reference had been drawn to the potential for
extension of powers to the Ombudsman in Wales.
The reminder
presented by the new PSOW had been incorporated in the report, with the Bill
having been included as Appendix 1 and consultation letter as Appendix 2. The Welsh Local Government Association
contribution earlier in the process had been attached as Appendix 3. On
the 21st October 2015, the Finance Committee of the National Assembly for Wales
(NAW) had published a consultation seeking views of individuals and
organisations on the proposals in the draft Public Services Ombudsman (Wales)
Bill, intended to strengthen the powers of the PSOW. Following on from recommendations provided in
a report in May, 2015, the Finance Committee's proposals in the draft Bill
include giving the PSOW powers to: ·
Initiate his own investigations and accept oral complaints. ·
Handle complaints across public services. ·
Extend the Ombudsman's jurisdiction to include private
healthcare providers (in certain circumstances). The MO confirmed that the consultation would close on the 18th
January, 2016. The effect of the proposals on Standards Committees could result
in there being even greater reliance on MO’s and Standards Committees to
enforce the Code of Conduct and less reliance on the PSOW Office given the lack
of or insufficient express reference to the Members Code of Conduct and the
PSOW role, in the Bill. Members were
invited to comment on Appendix 3, and the comments therein on the Members Code
of Conduct. Members of the Committee made observations and expressed the following
views with regard to the draft Public
Services Ombudsman Wales Bill:- -
The
Chair referred to Agenda Page 28, Section 12 (1) “The Ombudsman may not
investigate a matter under this Part if the person aggrieved, if any, has or
had:- (c) a remedy by way of proceedings in a court of
law”. He highlighted the need for
clarity and explained that in cases where there had been allegations of slander
such matters could be dealt with by a subsequent action for defamation. However, he made reference to other matters
which could be raised which would not be directly covered by subsequent
actions. The MO explained
that this was the draft Bill and outlined the PSOW powers in terms of the
jurisdiction of the Standards Committee with regard to the Code of Conduct, as
pertained in the Local Government Act 2000.
He informed Members that the current PSOW Act 2005, which the Public Services Ombudsman Wales Bill would
replace, dealt with the jurisdiction in respect of complaints about
service or maladministration, and provided a distinction between the two roles
of the PSOW. Members were informed that
the report outlined the work of the PSOW, and highlighted the possible
subsequent consequences of the Bill. The
MO referred to the findings of the enquiry, undertaken by the Finance Committee
of the National Assembly, on the work of the PSOW. The concerns raised by the WLGA in Appendix 3 to the report were outlined by the MO, particular reference being made to the possible consequences resulting from a lack of additional finance and resources, the effect on Code of ... view the full minutes text for item 7. |
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REPORT ON ALL WALES STANDARDS CONFERENCE To receive a verbal report by the Chair on the All Wales Standards Conference. Minutes: The Chair explained that he had attended the All
Wales Standards Conference, and provided a detailed a summary of the meeting
which included the following salient points:- -
The
Conference had been well attended with representatives from every Local
Authority in Wales, including many representatives from City, Town and
Community Councils. -
Key
note speeches had been provided by:- ·
Nick
Bennett (PSOW) ·
Lyn Cadwallader (Chief Executive of One Voice Wales) ·
Peter
Davies (Part-time President of the Adjudication Panel for Wales) ·
Jan
Williams (Independent Police Complaints Commissioner for Wales) The Chair referred
to the speech provided by the PSOW entitled “Are the Nolan Principles Fit for
Purpose”. Reference was made to the
possibility that they might not be fit for purpose as insufficient attention
had been given to leadership, which had implied that there should be more
effective training of leaders. The Chair
referred to the excellent work being undertaken in this respect by
Denbighshire’s Monitoring and Deputy Monitoring Officer. -
Of the
231 complaints received by the PSOW over a twelve month period, which related
to Code of Conduct matters, only 17 had been identified as a potential breach
with only 8 referred to Standards
Committees. -
The
issue and number of vexatious complaints had been highlighted by the PSOW. Reference was made to the public perception
regarding the classification of complaints as vexatious, and the possible
adoption of a negative attitude by members of the public regarding the
submission of complaints. -
The
view expressed by the PSOW that vexatious complaints could arise as a result of
poor leadership. The Chair referred
to the choice of workshops available and explained that he had attended the
“Whistle Blowing” and “Governance and Standards” workshops. He made reference to a number of Authorities
in Wales, including Cardiff and Wrexham, having named their Standards
Committees “The Standards and Ethics Committee”. The Chair explained that the Standards and
Ethics Committee in Cardiff had been afforded responsibility to oversee and
monitor the Council’s whistle blowing procedure, and considered any ethical
issues arising there from. The Chair
felt that this approach might be considered by Full Council for adoption in
Denbighshire. In response to a
question from the Chair, the MO provided details of the law governing the
protection of employees who had raised concerns or submitted a complaint. He made reference to the significance of such
complaints or allegations having been raised in good faith, and confirmed that
there were no time restraints regarding the period of protection. Literature provided
by the Chair, which had been distributed at the workshop on Community and Town
Councils Governance Standards, was circulated to Members of the Committee. RESOLVED –that the Standards Committee received and noted the
contents of the Chairman’s report on the meeting of the All Wales Standards
Conference. |
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ACCESSIBILITY OF INFORMATION FROM CITY, TOWN AND COMMUNITY COUNCILS To receive a verbal report from Julia Hughes (Independent Member). Minutes: Independent Member Julia Hughes (JH) referred to
previous discussions on the electronic
publication of information from City, Town and Community Councils (CTCCs),
which was now mandatory, and highlighted the need for easy access to
information. As
agreed at the previous meeting she provided a detailed summary of the voluntarily audit undertaken to assess the
accessibility of information from the websites of the following nineteen City,
Town and Community Councils (CTCCs):- Denbigh, Derwen, Dyserth, Efenected, Gwyddelwern, Henllan, Llanarmon yn Ial,
Llanbedr D.C., Llandegla, Llandrillo, Llandyrnog, Llanelidan, Llanfair D.C., Llanferres,
Llangollen, Llangynhafal, Llanrhaeadr,
Llantysilio, Llanynys. The
areas examined and information sought from the audit included:- -
The provision of
a website and its accessibility -
Availability of
the minutes of the previous meeting -
Details of the
date, time and venue of next meeting, and access to agendas -
Provision of
regular updates JH explained that with regards to areas to be
examined, she had included columns pertaining to bilingual provision and any
general notes. The
following salient points were highlighted from the exercise undertaken:- ·
A number of Councils were failing to meet the mandatory
requirements. However, it was noted that
there was also a lot of good practice. ·
There should be a requirement
for all CTCC’s to have a link to the Denbighshire website. ·
Some websites were out of date. ·
The need to ensure that website links were correct and updated. ·
Not all websites were bilingual, and the importance of the provision of
information bilingually was highlighted. ·
In some instances websites were currently under development. ·
A number of websites had standard agendas which never changed. ·
In some instances electronic forms were provided for contact purposes. ·
There being benefits by providing multiple means of accessing
information. ·
A need to note that much of the work is undertaken on a voluntary
basis. ·
The need for clarification in respect of mandatory and desirable
provision. ·
Consideration be afforded to the provision of training for Clerks of
CTCC’s. The Committee were informed
by the MO that concerns had been raised regarding the availability of resources
with respect to the provision and maintenance of websites, particularly for
smaller rural Councils. He also explained
that Clerks to CTCC’s were only paid for a specified number of hours. With the approval of
Members, the MO agreed that the outcome of the discussions in respect of the
audit undertaken by JH be forwarded to the Community Engagement Manager, who
liaised on a regular basis with CTCC’s and could convey the views expressed to
the respective Councils and the matters could be addressed on a semi
aspirational basis. He also outlined the
remit of the Standards Committee and explained that the issues discussed were
not necessarily Code of Conduct matters. Councillor W.L. Cowie
referred to the approach adopted by St Asaph City
Council with regard to the bilingual policy and the provision of information
through the medium of Welsh. At the
request of Councillor Cowie, the MO agreed to contact the Lead Officers on the
Welsh Language Standards in Denbighshire, with a view to liaising and providing
advice and assistance to the Clerk of St Asaph City
Council in respect of the Welsh Language Policy. The importance of specifying
the timescales involved was highlighted, as information provided in the report
would be subject to change following its production. The Chair thanked JH for the hard work undertaken in producing the information, which would enable the Committee to monitor trends and make suggestions for future improvements. The Committee confirmed that it would receive a written update ... view the full minutes text for item 9. |
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ATTENDANCE AT MEETINGS To note the attendance by members of the Standards Committee at County, Town and Community Council and to receive their reports. Minutes: Members of the Committee
were invited to feedback from the CTCC meetings that they had recently
attended, and Members took the opportunity to offer a summary of how the
respective Councils had operated. Councillor W.L. Cowie had attended
a meeting of the St Asaph City Council. He confirmed that he had not encountered any
problems and had been satisfied with the manner in which the meeting had been
conducted. Independent Members Anne
Mellor (AM) and Julia Hughes (JH) attended a meeting of Aberwheeler
Community Council on the 7th October, 2015 and the following matters
were highlighted:- -
No areas of concern had been identified, and both Independent Members
confirmed that they were satisfied with the manner in which the meeting had
been conducted. -
The Local County Council representative had attended the meeting and
had been extremely helpful and informative. Independent Member Julia
Hughes (JH) attended the Special County Council meeting on the 7th
October, 2015, which had been well attended, and no issues of concern were
raised. Independent Member Julia
Hughes (JH) attended the following meetings and the following points and issues
were highlighted:- Bodelwyddan Town Council:- -
There had been no information available on the website, which required
updating. However, the Clerk had been
very responsive, positive and helpful. -
Support was provided by the Clerk for the Chair and Members during the
meeting. An overview was provided by
JH which included the following areas of concern:- ·
The meeting had not been managed in the most effective manner ·
Members were not respectful of the Chair of fellow Councillors during
proceedings. This had a detrimental
effect on the management of the meeting, and Members not having applied
protocol appropriate to the responsibility of their positions as Town
Councillors and representatives of the local residents. ·
The difficulty in recruiting people to the voluntary positions was acknowledged,
with only one application having been received for two vacant positions on the
Town Council. Following a brief discussion
the Committee requested that the MO write to the Clerk of Bodelwyddan
Community Council highlighting the issues raised by Independent Member J.
Hughes, and the subsequent concerns expressed by the Standards Committee
following consideration of her report. Nantglyn Community Council - 6th
October, 2015:- -
A good example of how a meeting should proceed was provided. -
The Council had a good, informative and well-constructed website. -
An e-mail was sent to the Clerk to obtain the details of the venue,
agenda and minutes for the next meeting.
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The Clerk to the Council had been very helpful. -
There was no check by the Clerk, in respect of Declarations of
Interest, with regards to a Member of the Council who arrived late. -
Members of the Council participated in all agenda items in a supportive
and constructive manner. -
The Chair managed the meeting well and was supported by the Clerk, and
business was conducted in the correct orderly manner. -
Planning Applications had been addressed carefully and dealt with
appropriately. -
The Chair introduced JH to the Council Members and commented that he
was surprised that he had not been made aware of the intention of the Standards
Committee. JH outlined the purpose of
the visits to provide support to the respective Councils, and raise the profile
of the Standards Committee to avoid being a remote body. -
Feedback on the proceedings of the meeting had been provided by JH. The Committee were informed that a Member of the Community Council had expressed the view that he had not been made aware of the intentions of the Standards Committee, and ... view the full minutes text for item 10. |
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DATE OF NEXT MEETING The next meeting of the Standards Committee is scheduled for the 4th March, 2016. Minutes: Members noted the time, date and venue of the next
meeting of the Standards Committee, and it was:- RESOLVED – that the next meeting of the Standards Committee be
held on Friday, 4th March, 2015 in Conference Room 1a, County Hall,
Ruthin. exclusion of 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 item(s) of
business on the grounds that they involve the likely disclosure of exempt
information as defined in Paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government Act
1972. pArT II |
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CODE OF CONDUCT - PART 3 LOCAL GOVERNMENT ACT 2000 To consider a confidential report by the Monitoring Officer (copy
enclosed) providing an overview of complaints against members lodged with the Public
Services Ombudsman for Minutes: A
copy of a confidential report by the Monitoring Officer (MO), which provided an overview of complaints lodged with the
Public Services Ombudsman for Wales, had been circulated with the papers for the
meeting. The
Standards Committee had previously requested to be regularly informed of the
level of complaints lodged with the Public Services Ombudsman for Wales. The tables included in Appendix 1 provided an
overview of complaints lodged since the 1st April, 2015. The
DMO confirmed that none of the nine cases referred to in the report had been
pursued by the PSOW. RESOLVED –that the Standards Committee receive and note the
contents of the report. Meeting concluded at 12.50 p.m. |