Agenda item

To consider a report by the Head of Legal, HR and Democratic Services (copy enclosed) which sought the Committees’ views on transferring areas from the Committee’s Terms of Reference to the Councils Standards Committee.

 

A report by the Deputy Monitoring Officer, which sought the Committee’s views on transferring areas from the Committee’s Terms of Reference to the Council’s Standards Committee (SC), had been circulated previously.

 

The HLHDS explained that the Corporate Governance Committee’s (CGC) work load was increasing.  The report sought views on transferring areas which could potentially be dealt with by the SC.

           

The current ‘jurisdiction’ of the SC only covered monitoring compliance with the Members Code of Conduct, raising standards of ethics and probity, training on the Code of Conduct and complaints regarding Members and dealing with references from the Public Services Ombudsman for Wales (PSOW); including playing a role in the Councils Self-Regulatory Protocol.  The SC met approximately every other month and comprised 2 County Councillors, 4 Independent Members, recruited via a public advert and 1 Community Council Member.   The SC could only be quorate when the majority in attendance were independent Members.

 

Some Local Authorities had extended the remit of their SC to cover issues such as whistleblowing and complaints to the PSOW by Members of the public regarding maladministration.  The DMO explained that there was an opportunity to consider the increasing the workload of the CGC and transferring it to the SC.  The final decision would be made by Full Council and would be incorporated in the review of the Constitution.  The report sought the views of the CGC on this approach.

 

Discussions between the respective Chairs of the Committees appeared to be that there was room for debate on transferring some or all of the following areas from the CGC to the SC, in addition to it retaining its current remit:-

 

a)              Whistleblowing.

b)              Indemnities for Officers and Members.

c)              Complaints including PSOW Complaints by members of the public about the Council (maladministration).

d)              Information Commissioner Complaints and review of the Councils  activities under the Information Legislation (Data Protection and FOI).

 

The issues had been debated briefly at the SC on the 18^th July, 2014 and an interest had been expressed in taking on a wider remit.

 

The following views were expressed by Members of the CGC:-

 

The Chair felt that a) and b) could be transferred to the SC, but expressed reservations regarding the transfer of c) and d).  He felt that d) should remain with the CGC, as should c) which could involve addressing corporate level issues.

 

Councillor G.M. Kensler expressed the view that d) could be transferred to the SC, with a) and c) remaining with the CGC.

 

Councillor J. Butterfield felt that a), b), and c) could be transferred to the SC, but further information was required with regard to d).

 

Councillor M.L. Holland referred to the constitution of the SC.  He considered that in view of the ratio of Independent Members a) could be transferred to the SC.

 

Mr P. Whitham suggested that the work undertaken by the HIA, in respect of the CGC forward work programme, and the content of the CGC Annual Report could be utilised when considering the transfer of areas of work.  He felt that as d) had been identified as a Corporate Risk it should remain with the CGC, and that as a) was an integral part of the Anti Fraud, Corruption and Bribery Policy it should remain with the CGC.

 

The HLHDS informed the Committee that with regard to d) a balance would need to be struck regarding where areas of work would be most appropriately placed.  He explained that officers would deal with information requests and a Policy was in place to address related issues.  It was suggested that as one of the Corporate Risks related to Data Protection, d) should possibly remain with the CGC.  With regard to complaints around the Ombudsman, it was explained that complaints could relate to how a service was being delivered and not a Member or employee conduct issue.

 

The HIA highlighted the importance of the need to differentiate between the roles of the two respective Committees.  He explained that complaints received could relate to an individual or a system, or the behaviour of officers or Members and he questioned whether it would be appropriate for the SC to examine service based complaints.  The HECS endorsed the views expressed that the matter of complaints was a service issue and should remain with the CGC.

 

Councillor B.A. Smith responded to questions from Members and referred to the list of the Council’s Policies, which HR were working on to make more user friendly.

 

The Chair summarised the debate and the Committee endorsed the following:-

 

a)  Whistleblowing – Varied opinions expressed.

b)  Indemnities for Officers and Members - Could be transferred to the SC.

c) Complaints including PSOW Complaints by members of the public about the Council (maladministration) - Varied opinions expressed. Service level complaints should remain with the CGC, whilst complaints relating to individuals could possibly transfer to the SC.

d)  Information Commissioner Complaints and review of the Councils activities under the Information Legislation (Data Protection and FOI) - General consensus of opinion the it remains with the CGC.

 

During the ensuing discussion, the Committee requested that the HLHDS include the views of the CGC in the Constitution Review, liaise with the SC regarding the views expressed, look at the Constitution in its broader context and submit a further progress report to the CGC.

 

RESOLVED – that Corporate Governance Committee:-

 

(a)            receives and notes the details in the report.

(b)            requests that the HLHDS includes the views of the Committee in the Constitution Review, liaises with the Standards Committee regarding the views expressed and looks at the Constitution in its broader context, and

(c)            agrees that the Corporate Governance Committee receives a further progress report.

     (GW & IB to Action)