Agenda item

To receive a report by the Monitoring Officer on the Penn Review of the Ethical Standards Framework (copy attached).

 

 

The Monitoring Officer (MO) presented members with a report regarding the Penn Review of the Ethical Standards Framework (previously circulated).

 

The Review has made several recommendations in respect of the ethical framework. It was not clear which of these would be taken forward by the Welsh Government. The report's purpose was to seek the committee’s views on the review in anticipation of any future consultation conducted by the Welsh Government regarding any of the recommendations.

 

The MO gave the committee background on the review. In March 2021, the Welsh Government announced an intention to commission an independent review of the ethical standards framework for local government in Wales. The current ethical framework was established by the Local Government Act 2000 and had remained largely unchanged apart from some minor amendments to the Code of Conduct.

 

The purpose of the Review was to ensure that the framework remains fit for its purpose, was open and transparent, and that it commands the confidence of all involved with it.

 

The Welsh Government commissioned Mr. Richard Penn, a former local authority chief executive, to undertake the Review with the aim to report to Welsh Government Ministers by the end of June 2021. The intention was to make any agreed changes ahead of the local government elections in May 2022.

 

The Review was to include:

 

·         an audit of the Codes of Conduct adopted by authorities;

·         an analysis of the effectiveness of the framework in fostering high standards of conduct in local government and public confidence in those arrangements;

·         whether the framework was still fit for purpose;

·         the role of Standards Committees;

·         an analysis of the arrangements and protocols in place to support members and staff;

·         Consideration of the current sanctions and whether they were still appropriate.

 

The overall finding of the Review was that the framework was fit for its purpose and did not need significant alteration. The Review suggests that some minor adjustments and amendments to the current framework could result in fewer low-level complaints and the need for formal investigations being significantly reduced.

 

The review outcomes were a mixture of recommendations and statements made under separate headings. These headings were:

 

·         An audit of the Codes of Conduct adopted by all the required authorities against the Model Code to identify any local variances.

·         An analysis of the effectiveness of the framework in fostering high standards of conduct in local government in Wales and public confidence in those arrangements’.

·         Consideration of whether the framework was still fit for purpose, including whether the ten principles of conduct were still relevant and whether the Model Code of Conduct needs updating. This would include identification of areas where improvements could/should be made to the current arrangements

·         Changes to the powers and processes of the Adjudication Panel for Wales

·         Consideration of the role of Standards Committees, including their role concerning Town and Community Councils and whether the establishment of sub-committees has impacted the process of supporting Community Councils and dealing with complaints.

 

The committee discussed the following points in further detail –

 

·      The committee sought clarity regarding mandatory training and whether this only related to County Councillors, or did the framework mean that City, Town, and Community Councillors also receive the mandatory training. The MO clarified that all elected representatives would have training.

·      Local resolution was outlined by the committee, responding the MO stated that if more matters were directed towards local resolution, there would likely be an issue with resources, i.e., monitoring officer workloads.

·      The MO informed the committee that the Adjudication Panel for Wales felt that it would be beneficial if they had more sanctions available to them when determining whether alleged breached had been made against the code of conduct.

·      The committee highlighted social media; and agreed that no insensitive information should be posted or otherwise shared by elected members.

·      The committee suggested that more training could mitigate complaints as people were less likely to breach the code of conduct. The MO agreed with additional training; however, he felt that when people were discussing contentious items, emotion would be at the forefront. The MO suggested that further discussions could be carried out with political group leaders regarding conduct, and then the message would permeate through the political parties.

 

The MO informed the committee that the Ombudsman praised the committee on recent hearings and how all parties conducted themselves.

 

RESOLVED that the Standards Committee consider the Penn Review of the Ethical Standards Framework and agree to the suggested recommendations contained therein.