Agenda and draft minutes

Apologies for absence were received from G.B. Thomas and D. Morgan.

There were no declarations of personal interest.

RESOLVED that the minutes of the meeting of the Standards Committee held on 6^th November 2024 be signed as a correct record.

The Committee received a report which detailed the progress achieved in relation to the actions, requests or referrals which had emanated from previous meetings.

UNANIMOUSLY RESOLVED that the report be received.

The Committee considered an application submitted by Llandeilo Town Councillor Katharine Rees for the grant of a dispensation under the provisions of the Standards Committees (Grant of Dispensations) (Wales) Regulations to speak and vote and make written representations in relation to council business at meetings of Llandeilo Town Council regarding:

(1) the Llandeilo Business Forum and

(2) the Llandeilo Community Pylons Group

It was reported that Councillor Rees would have a personal and prejudicial interest in such business as she is a member of or occupies a position of control in those groups

It was reported that a dispensation was sought by Councillor Rees by virtue of:

• Regulation 2(d) the nature of the members interest in such that their participating in the business to which the interest relates would not damage public confidence and;

• Regulation 2(f) the participation of the member in the business to which the interest relates is justified by the member’s particular role or expertise 

The committee was advised that if it was minded to grant Councillor Rees’ request it would also need to determine the duration of that dispensation.

Following a discussion it was

UNANIMOUSLY RESOLVED that dispensation be granted under Regulations 2(d) and 2(f) of the Standards Committees (Grant of Dispensation) (Wales) Regulations 2001 to Councillor Katharine Rees to speak and make written representations but NOT vote on council business at meetings of Llandeilo Town Council regarding (1) the Llandeilo Business Forum and (2) the Llandeilo Community Pylons Group and the dispensation be valid until the end of the current electoral term. 

The Committee considered an application submitted by Kidwelly Town Councillor Leann Marie Douglas for the grant of a dispensation under the provisions of the Standards Committees (Grant of Dispensations) (Wales) Regulations to speak and vote and make written representations in relation to council business at meetings of Kidwelly Town Council regarding the Princess Gwenllian Centre, Kidwelly.

It was reported that Councillor Douglas would have a personal and prejudicial interest in such business as she is employed at the Princess Gwenllian Centre, Kidwelly.

It was reported that a dispensation was sought by Councillor Rees by virtue of:

• Regulation 2(d) the nature of the members interest in such that their participating in the business to which the interest relates would not damage public confidence and;

• Regulation 2(f) the participation of the member in the business to which the interest relates is justified by the member’s particular role or expertise 

The committee was advised that if it was minded to grant Councillor Douglas’ request it would also need to determine the duration of that dispensation.

Following a discussion it was

UNANIMOUSLY RESOLVED that dispensation be granted under Regulations 2(d) and 2(f) of the Standards Committees (Grant of Dispensation) (Wales) Regulations 2001 to Councillor Leann Marie Douglas to speak and make written representations but NOT vote on council business at meetings of Kidwelly Town Council regarding the Princess Gwenllian Centre, Kidwelly and that the dispensation be valid until the end of the current electoral term. 

The Committee considered an application submitted by County Councillor Carys Jones for the grant of a dispensation under the provisions of the Standards Committees (Grant of Dispensations) (Wales) Regulations to speak and make written representations in relation to council business regarding the future of Llansteffan School.

Committee Members noted that Councillor Jones was a LEA nominated governor of the Bancyfelin, Llangain and Llansteffan Schools Federation and also had a close historical relationship with Ysgol Llansteffan as it was her local school. Councillor Jones considered that she had a close personal relationship with the school that has developed over many years which is sufficient to create a personal interest under the code.  A member of the public, knowing of this connection might reasonably conclude that it would influence Cllr Jones’ judgement when considering matters relating to the school.

It was reported that whilst Cllr Jones’ role as a LEA appointed governor would be a personal but NOT prejudicial interest, by virtue of paragraph 12 (2)(a)(iii) of the code, her close personal relationship with the school would be both a personal and prejudicial interest by virtue of paragraphs 10(2)(c)(i) and 12(1) of the code.

It was reported that a dispensation was sought by Councillor Jones by virtue of:

• Regulation 2(d) the nature of the members interest in such that their participating in the business to which the interest relates would not damage public confidence and;

• Regulation 2(f) the participation of the member in the business to which the interest relates is justified by the member’s particular role or expertise 

It was highlighted that there was an error in the report in that it stated that Councillor Jones sought to seeks dispensation to speak and vote and to make written representation, the Legal Services Manager explained that the application made by Councillor Jones was ‘to speak and to make written representations only’.

The committee was advised that if it was minded to grant Councillor Jones’ request it would also need to determine the duration of that dispensation.

Following a discussion it was

UNANIMOUSLY RESOLVED that dispensation be granted under Regulations 2(d) and 2(f) of the Standards Committees (Grant of Dispensation) (Wales) Regulations 2001 to Councillor Carys Jones to speak and make written representations but NOT vote on council business regarding the future of Llansteffan School and that the dispensation be valid until the end of the current electoral term. 

The Committee received a report which appended a Group Leaders reporting template for review, and sought the Committee to agree any additional advice or guidance to be given to Group Leaders in the preparation of their Annual Reports.

The Legal Services Manager explained that one of the duties required Group Leaders to report annually to the Standards Committee.  In order to facilitate this the Standards Committee had adopted a proforma report template which was appended to the report for review and approval.

In addition, the Committee had adopted criteria against which the performance of the Group Leaders would be measured. A copy of this criteria was also appended to the report.

The following comments were raised:-

In reference to the Group Leaders Duty – Assessment Threshold, it was observed that point 5. should read ‘Group leaders to take reasonable steps to ensure that group members promote civility and respect in all online and social media communications’.  The Legal Services Manager noted and agreed that this would be amended accordingly.

In reviewing the content:-

• It was proposed and duly seconded, that the template be amended to include a direct reference to the assessment criteria.

• It was proposed and duly seconded, that the template be amended to include an additional point - ‘To study and take note of cases from the Adjudication Panel for Wales (APW) and the Ombudsman decisions in regard to Code of Conduct complaints.

UNANIMOUSLY RESOLVED that subject to the abovementioned amendments being made, the Group Leaders Duty – Assessment Criteria and the Revised Group Leaders Reporting Template be adopted.

The Committee received a report which appended a Protocol for Dealing with Low Level Complaints between Members, for approval.  Local Authorities were required to adopt a protocol for the resolution of low level complaints between members. 

It was reported that currently there were no standard template or model for such Protocols in existence. The Protocol served to help both the Committee and Group Leaders comply with their duties under the Local Government and Elections (Wales) Act 2021.

UNANIMOUSLY RESOLVED that the Protocol for Dealing with Low Level Complaints between Members be approved.

The Committee considered a report recently published by the Adjudication Panel for Wales detailing its findings in three cases referred directly from the Public Services Ombudsman for Wales.

UNANIMOUSLY RESOLVED that the recent Adjudication Panel for Wales and Ombudsman decisions regarding Code of Conduct complaints be noted.

There were no items of urgent business.