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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED to note the report.
RESOLVED to note the information set out in the report and Appendix B
RESOLVED to note the report.
RESOLVED to note and agree the Work Programme 2022/23 as set out in Appendix A, (with the addition of the matters noted above and, taking into account its terms of reference and available resources, to agree with the Interim Monitoring Officer any amendments and how it wishes to progress the various items or topics contained therein)
Apologies for absence were received from Arthur Hallett, Independent member.
None.
The Minutes of the meeting held on 7 November 2023 were agreed as a correct record and signed by the Chairperson subject to the following amendments: Minute 20 – Remove the words ‘embraced it and’ from paragraph 10. Minute 25 – Insert into the second paragraph, at the end of the first sentence: ‘..because the conservative group have concerns with the Democracy Handbook and its implementation’.
Decision as recorded
RESOLVED to note the report.
The Committee was provided with an update on (i) complaints made against Members of Cardiff Council or any of Cardiff’s Community Councils alleging a breach of the Members’ Code of Conduct, in particular, complaints notified to the Monitoring Officer during Quarter 3 of 2023/24 (the period running from 1st October 2023 to 31st December 2023); and (ii) Members’ mandatory training attendance completion figures. Members were advised that during Quarter 3 of 2023/24, covering the period running from 1st October 2023 to 31st December 2023, a total of 1 complaint alleging a breach of the Members’ Code of Conduct was notified to the Monitoring Officer by the Ombudsman. The complaint was received from a member of the public relating to a Cardiff City Council Councillor. Members noted that all 79 Councillors had completed the Mandatory Training. The Chair expressed his thanks to all Councillors. Members asked questions and sought clarification on the following: A Member raised concerns about the timeliness of resolving complaints, whilst understanding that some complaints are complicated they should be dealt with as soon as possible, that being in the best interest of the Councillor; and the involvement of Group Leaders in the process should be a second line approach rather than immediate. The IMO advised that she supported the approach of matters being dealt with as soon as possible and advised that every effort is made to talk through the issues to expedite matters before the formal procedure is adopted; that communication can take any form, depending on the wishes of the Councillor. Further, bearing in mind her Statutory Officer role, it is important that she has regard to what approach best meets the circumstances as opposed to committing to adopting one particular approach in every case. The Committee RESOLVED to note the report.
Part of an issue followed across 2 meetings
Decision as recorded
RESOLVED to note the information set out in the report and Appendix B
The Chairperson invited Debbie Marles, IMO, to introduce the item which was to inform the Committee on the details of the Welsh Government’s published Summary of Consultation Responses following the consultation issued in March 2023 on the Welsh Government’s response to the recommendations of the independent review of the ethical standards framework for Wales (the Penn Report, issued in October 2021). The Summary of Responses shows that many of the other local authorities share the views submitted on behalf of Cardiff in relation to the issues raised in the specific consultation questions. Although, Welsh Government has not yet published any proposals in relation to those matters. Any relevant proposals which may be brought forward in due course will be reported to a future meeting of the Committee. Members asked questions and sought clarification on the following: Members queried the time frame for publication of the proposals and were advised that it appears there is no timeframe at the current time. Cllr Brown Reckless indicated that there were things that the Conservative group did not agree with and stated ‘our judgement is reserved and there may be substantive comments that we do wish to make’. Cllr Brown Reckless was advised that the consultation period close some time ago but that her comment would be noted. The Committee RESOLVED to note the information set out in the report and Appendix B
Decision as recorded
RESOLVED to note the report.
The Chairperson invited Debbie Marles, IMO, to introduce the item which was to provide the Committee with information about the January 2024 meeting of the National Standards Committee Chairs Forum, Wales, and an opportunity to consider the issues raised. The Chair advised that he had attended part of the meeting where a number of matters were discussed. Some of which included Group Leaders Duties; the Gifts and Hospitality Registration threshold; the Civility and Respect Pledge; Chair’s training; and Social Media Guidance. It was noted that Cardiff already had a Social Media Code of Principles in place. Members were advised that whilst not in the recommendations of this report, there was mention of the Committee considering encouraging the 6 Community Councils in Cardiff to sign up to the Pledge. Members asked questions and sought clarification on the following: Members asked if the Civility and Respect Pledge conflicted, added or duplicated any of the other pledges that were signed up to in Cardiff Council. The IMO advised that there was no urgency in respect of the Pledge and that there might be an opportunity to bring the report back to Committee to highlight and advise on the other pledges sanctioned in the past to provide a more holistic view. Members asked if the community councils had received communications to sign the Pledge and if so if they had replied to say it had been done. The IMO advised that this was a matter that was brought up by the forum. She explained that she was not an officer on the forum so was not aware if this had taken place or not. She explained that it was an independent or separate body – a partnership of organisations that had drafted the pledge. The Chair added that he was not present at the start of the last forum meeting but believed that the communications regarding the Pledge had not been circulated fully as yet but he would raise the matter at the next meeting of the forum. Members asked if it was voluntary or mandatory for the community councils to sign the Pledge and whether this made them subject to additional rules that they would not be subject to if they did not sign it. The IMO clarified that it would be voluntary not mandatory. She suggested that she could cover this in the further report she would be presenting to Committee. The Committee RESOLVED to note the report.
Decision as recorded
RESOLVED to note and agree the Work Programme 2022/23 as set out in Appendix A, (with the addition of the matters noted above and, taking into account its terms of reference and available resources, to agree with the Interim Monitoring Officer any amendments and how it wishes to progress the various items or topics contained therein)
The Chairperson invited Debbie Marles, IMO, to introduce the item which was to discuss the Committee’s Work Programme and agree the items for consideration by the Standards and Ethics Committee in 2023/24. The IMO drew Members’ attention to the fact that a previous template had been used to draw up the report. Appendix A set out the draft Work Programme which was before Members for consideration. Members asked questions and sought clarification on the following: Councillor Brown Reckless asked if a review of the Democracy Handbook was included on the work programme. The IMO responded that as reflected in the minutes of the last meeting it was proposed to cover this item as part of the meeting with group leaders and whips but it could be covered as a separate topic for clarification if that was the Committee’s wish. Councillor Brown Reckless reiterated the concerns on the Conservative side with the Democracy Handbook and how it had been implemented. She stated that the minutes of the last meeting had not recorded her comments and that it had been recorded that the group leaders had embraced it. She requested there be a specific agenda item on the Democracy Handbook at the next Standards and Ethics Committee. Further, she said she would like the opportunity to put papers in front of the Committee ahead of the meeting so that the correspondence from the Conservative party could be considered. The IMO responded that the minutes were not verbatim. She advised that the Democracy Handbook was a large piece of guidance in excess of 160 pages which covered aspects over and beyond the remit of the committee. The areas which impacted on the committee within the Terms of Reference of the Committee could be brought to the committee. She explained that it was guidance in existence so not subject to consultation but accepted the point about implementation. There were a number of key points within the remit of the committee which related to the role of Group Leaders, hence the suggestion that the Democracy Handbook could be picked up under that topic. She advised that a review of the handbook would not be a review of the handbook in its entirety because it did not fall within the remit of Standards & Ethics. Councillor Brown Reckless clarified that she was referring specifically to Section 52A and Section 53 of the Local Government Act 2000, the Welsh Government Guidance in pursuance of that and the Ombudsman’s guidance. The IMO confirmed that a report on this would be brought to the next Committee in respect of matters which fall within the remit of the Committee. The Chair suggested that the correspondence from the Conservative Party could be reviewed. Councillor Brown Reckless reiterated her request for a separate agenda item to consider concerns in relation to the Democracy Handbook. She said she disagreed with the IMO taking away a review of the Democracy Handbook or elements of it to the Group Leaders and Whips outside of the meeting. She stated she had made a request at the last meeting to be provided with the minutes a good time two to three weeks in advance of the meeting so that she could provide her comments. The IMO clarified that the reports to the committee were brought in the main in her name as IMO but that did not preclude members from raising issues as the Councillor had done. With the Committee’s agreement, the IMO supported the Chair’s suggestion that a separate meeting outside the Committee meeting to discuss the issues raised by the Councillor. Councillor Brown Reckless stated she did not want to discuss the issues in a separate meeting and again asked that the Conservative Party correspondence was allowed to be put to the committee. The IMO stated that she would review the correspondence under consideration but it might be deemed appropriate to put before the committee but she could not give a blanket response without viewing it first. In addition, the Councillor had the opportunity to make her comments to the committee meeting. Councillor Cunnah did not agree with Councillor Brown-Reckless suggestion that the Conservative party correspondence should be put before the Committee. Councillor Brown Reckless did not accept that the correspondence should be reviewed by the IMO before putting it to the Committee for consideration and asked that her requests and views on this matter be explicitly recorded in the minutes. The Committee RESOLVED to note and agree the Work Programme 2022/23 as set out in Appendix A, (with the addition of the matters noted above and, taking into account its terms of reference and available resources, to agree with the Interim Monitoring Officer any amendments and how it wishes to progress the various items or topics contained therein)
There were no urgent items.
The date of the next meeting of the Committee is to be confirmed in due course.
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
Declarations are read from the minutes once they are published.
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