Agenda item

To receive a report on the Local Government and Elections (Wales) Bill 2019 (the Bill) (copy attached).

The Monitoring Officer (MO) introduced the report (previously circulated) to members. The MO shared a presentation. Members were informed that the Bill had been awarded Royal Assent the week before and was now an Act. It had been agreed and passed by the Senedd in November 2020. It was confirmed that the provisions set out in the Act would be introduced on a staggered approach. A number of reports would be presented to members when required.

The MO provided members with further information on the following sections-

Electoral arrangements -  Confirmation that the Act extended the voting franchise in local elections to16 and 17 year olds and foreign citizens legally resident in Wales. The Act enabled councils to choose between the ‘first past the post’ voting system or the ‘singe transferable vote system’  system. A change to the current system would require a full County Council decision. The electoral cycle would formally become a five-year cycle. The removal of Returning Officer fees was included.

General power of competence – Local Authorities are currently only able to act in circumstances where they are expressly permitted to so by legislation. The general power is intended to allow them to act unless specifically prohibited from doing so by legislation.

Public participation in local government – It was stressed that DCC would have a duty to engage and encourage local residents to participate in local government. The final version of the Act included a requirement to broadcast certain  meetings. It was confirmedthat the flexibility of remote meetings would continue. 

Democratic governance and leadership – The Act stated that each Local Authority must appoint a Chief Executive. A number of duties and requirements would be included with the role relating tofinancial arrangements, risk management arrangements, resources and staffing.

A requirement to include arrangements within the constitution to allow Council to elect more than one person as a joint Leader and job shares in Cabinet.  The introduction of appointed assistants to Cabinet had also been included, further guidance was expected.

Collaborative Working – The Council will have to have regard to Welsh Government guidance.. It was confirmed that Welsh Ministers would have the power to establish Corporate Joint Committees to cover economic wellbeing, transport, strategic planning and school improvement, although the current proposals did not include school improvement

Performance and governance – The Act states the  committee should be named the ‘Governance and Audit Committee’. Confirmation that there would be a change to the prescribed membership and Chairing of the committee. The change would include one third of the committee to be represented by independent lay members and the Chair would have to be an independent lay member. The date of the change to membership had not been confirmed.  

Mergers and restructuring – Confirmation that voluntary merges would still exist. Within the Act Welsh Ministers could make ‘restructuring regulations’. Those powers would only be exercised following a special inspection report  from the Auditor General Wales or an abolition request from a council.

The MO stated a lot of information was awaited and would flow in the coming months and updates to the committee would take place as the information became available. The MO asked for members’ opinions on the creation of a working group to review the implementation of theAct and the changes that would be required. Confirmation that information and updates would be relayed to members when made available.

During the ensuing presentation members took the opportunity to raise questions and discussed various aspects of the report. The main discussion points focused on the following –

·         Members agreed it would be beneficial to have an officer/ member working group to look at the development of the Act. Lay Member Paul Witham stated he would be happy to assist officers with the process.

·         The duty that would be placed upon the local authority to arrange the panel assessment. Guidance on the process on how to perform the assessment was likely to be made available in time..

·         The statutory duty for group leaders to promote and maintain high standards of conduct with the group. No mention of sanctions had yet been made. It was hoped further guidance would be provided.

·         Confirmation that a timetable of aspects of the Act becoming law would be completed and circulated to members.  It was confirmed that certain aspects of the Act would have to be presented to this committee and full Council.

·         The MO confirmed he would enquire if the reduced voting age for individuals enabled them to stand for election and report back to members.

·         The duty to encourage public participation included encouraging the public to get involved in the decision making process and elections.

·         The Act did not change the current procedures for co-opting on Town, City and Community Councils. The general power of competence would be available to eligible community councils provided they qualified.

The Chair thanked the Monitoring Officer for his detailed presentation and clear responses to members’ questions and concerns.

It was therefore,

REOLVED that members considered the contents of the report and support the proposal of an officer/ member working group to keep an oversight of the implementation of the Act.