Agenda item

To receive a verbal update on Group Leaders Duty and next steps and Statutory and Non Statutory Guidance for Principal Councils in Wales.

The Statutory and Non-Statutory Guidance for Principal Councils in Wales – supporting provisions within the Local Government Act 2000, the Local Government (Wales) Measure 2011 and the Local Government and Elections (Wales) Act 2021 had been previously circulated with the agenda.

The Deputy Monitoring Officer (DMO) provided an update on the Group Leaders Duty and next steps and the Statutory Guidance for Principal Councils in Wales.  Members were also asked to agree to invite Group Leaders to a future Ethical Liaison Group.  The DMO drew members’ attention to the salient points regarding the Group Leaders Duty as referenced within the Statutory Guidance as follows –

·       the leader of a political group consisting of members of a county council or county borough council in Wales must take reasonable steps to promote and maintain high standards of conduct by the members of the group

·       the duty did not make leaders of political groups accountable for the behaviour of their members, but they had a role in taking reasonable steps in maintaining high standards, setting an example, using their influence to support a positive culture, being proactive in promoting high standards of conduct in their group and addressing issues of alleged non-compliance as soon as they arose

·       elaborated on the ten reasonable steps as set out which Group Leaders had to have regard to and could undertake with a view to build on and support a culture which was proactive, acts on and does not tolerate inappropriate behaviour

·       the importance of Code of Conduct training and establishing relationships with members which encouraged them to raise issues with the Group Leader

·       failure of a Group Leader to comply meaningfully with the duty may potentially be regarded as bringing their office into disrepute, likely in breach of the Code

·       Group Leaders should evidence their compliance with the new duty and report compliance with their duty to the Standards Committee

·       Group Leaders should co-operate and ensure their group co-operate with the Monitoring Officer and Standards Committee when an issue was referred

·       at the start of each council year Group Leaders should meet with the Standards Committee to agree how they will work together, the frequency of meetings between them throughout the year, the threshold the Standards Committee would use to establish if Group Leaders had complied with their duties, and the mechanism for Group Leaders to provide reports to the Standards Committee.

Members discussed the document with the DMO who advised that the guidance had only recently been published, and although it was helpful and regard should be given to it, there was also scope for the Committee to tailor it to suit as appropriate, particularly regarding timescales for actions, etc.  Members acknowledged the work that had already been carried out in terms of the additional responsibilities for both the Committee and Group Leaders, including the positive response regarding the proforma adopted, and the need for further discussions to develop those processes, fostering good relations and collaborative working.  The opportunity to raise the issue of training was also highlighted, and the DMO suggested it might be useful for the Head of Democratic Services to also be involved in that regard.

The Committee agreed that an Ethical Liaison Group meeting (involving the Standards Committee and Group Leaders) be arranged with a view to initiating those discussions and actions as set out in the guidance to progress matters.  The DMO agreed to arrange a meeting on the same day as the next Standards Committee if possible, otherwise a separate meeting date would be considered.  The guidance was detailed and complex and the DMO advised that the initial meeting would focus on summarising the Group Leaders Duty and facilitating a debate on how the Group Leaders and Standards Committee would work together to support that process and the reasonable steps as set out in the guidance.

The Committee also recognised that there were other elements within the Statutory Guidance relating to the Standards Committee and it was agreed that the DMO would provide further detail on Part 2: Sections 5, 6 and 7 together with Part 4: The Schedule, Section 6 and Agenda and reports, Section 15.80 (background papers), Chairing Meetings, Section 15.138 onwards, in so far as they related to Standards Committees, at a future meeting.  For clarity, the Chair also drew attention to Section 7: Duty of standards committee to make annual report; and in accordance with the guidance the Committee agreed that their annual report be shared with the Public Service Ombudsman for Wales, and Town/City/Community Councils via the first generic feedback correspondence following attendance at meetings.

RESOLVED that –

(a)      the verbal update on the Group Leaders Duty be received and noted;

(b)      the Deputy Monitoring Officer to arrange a meeting of the Ethical Liaison Group in order to facilitate discussions between the Standards Committee and Groups Leaders on the Group Leaders Duty and next steps, and

(c)      the Deputy Monitoring Officer to provide a report back to a future meeting of the Committee on the other relevant sections of the Statutory Guidance in so far as it related to the Standards Committee.