Agenda, decisions and minutes

This item is to receive any Public Questions: one was received by the deadline.

One had been received.

The Chair explained that one public question had been received from Vicki Roskams:

“Following the recent devastation that has happened to the nature and established woodland down in a SSSI area that runs alongside the Dee Estuary, which is also a listed garden and site we would like to ask:-

What is Flintshire going propose to improve both its procedures, reporting strategies and to ENSURE clearer communication and timelines are formalised and adhered, to stop this type of devastation expediting with clearer guidance of reporting and shared responsibilities, guaranteeing clear set rules and consequences for breaking such guidance which are published and enforced?”

In response, the Cabinet Member for Planning, Public Health and Public Protection, Councillor Bithell said:

“The Council is presently dealing with a Planning Enforcement investigation at the John Summers Shotton Point complex, following a series of issues that have been raised with the Council from a number of secondary sources and by third parties, including and unhelpfully in this instance, social media coverage.

Following an email from Mrs Vicki Roskams of Enbarr Enterprises Limited received on Friday 28th April querying progress, Mrs Roskams and other key stakeholders have already been made fully aware of the ongoing investigation that is taking place by the Council, including the steps the Council has already taken and intends to take, in order to ensure that the best interests of all of the relevant conservation assets at this site are taken into account.

The Council can only act in accordance with the legislation and powers available to it, and in the instances where clear planning harm has been identified. In response to the question posed, it is difficult for the Council to understand what it can alter or indeed needs to, as far as its enforcement policies, processes, or response is concerned. The Council has and follows its adopted Enforcement Policy and deals with each case on its merits, which is a well-established planning convention.

What is also important in any enforcement investigation is that the Council takes a balanced and proportionate approach. This includes the need to gain full information before acting, and to hear from both sides of the argument or issue, rather than just taking one perspective. This is what the Council has done and continues to do in a timely and proportionate manner, within the powers available to it.

The Council’s response has been clear, well informed, and proportionate but this has not been helped at times by the coverage given on social media which can act as a barrier to an ongoing enforcement investigation.

The Council will continue to manage the situation and has now fully engaged with the site owners including the receipt of an outline strategy for the whole site which the Council can discuss with them and advise on the appropriate way to take this forward and remain compliant. This in fact is often one of the best outcomes of an enforcement investigation where far from simply seeking to penalise or punish someone, a  ...  view the full minutes text for item 98.

To receive any Declarations and advise Members accordingly.

None.

None were received.

To confirm as a correct record the minutes of the meeting held on 23 February 2023.

RESOLVED:

That the minutes be approved as a correct record.

The minutes of the meeting held on 23rd February were submitted.

Councillor Attridge moved them as a correct record which was seconded by Councillor Dave Hughes.

RESOLVED:

That the minutes be approved as a correct record.

This is an opportunity for Members of Council to submit petitions on behalf of people in their ward. Once received, petitions are passed to the appropriate Chief Officer for action and response.

RESOLVED:

(a)       That the updated model constitution be adopted, with the exception of the role descriptions contained in Section 31 of the draft consultation and subject to a final internal consistency check, proof-read and cross reference with the ordinary language guide;

(b)       That the Council considers a further report on the role descriptions contained within section 31 of the amended model after consultation has taken place with all Councillors on their wording; and

(c)        That authority be delegated to the Chief Officer (Governance), in consultation with the chair of the Constitution and Democratic Services Committee, to make any changes following the proof read and consistency check.

None were submitted. 

The Chief Officer (Governance) introduced the report and explained that the Council’s constitution was based on a national model prepared jointly by the Welsh Local Government Association (WLGA) and Lawyers in Local Government during 2014.  An updated model was commissioned by those bodies during 2021 to reflect changes in legislation and the need to modernise language.

The Constitution and Democratic Services Committee established a working group to consider the new document. It looked at the document, which it thought should be adopted. At its meeting on 12 January the Committee was asked to undertake a further review of provisions which appeared to change how the Council’s current rules/procedures operated. The working group satisfied itself that whilst the

terminology, and in some cases the layout, may have changed the new document

did not fundamentally change how the Council operated. The document was now recommended for adoption.

The current model and the new model both contained role descriptions for different positions within the council e.g. chair of Committee and ward Councillor. In 2014 the Council did not wish to adopt the role descriptions but this time the working

group believed they may be of utility. The working group however recognised that

all Councillors should be consulted on the role descriptions which required further work before being adopted.  They would be shared with all Members to ensure Members agreed that the descriptions reflected the different roles of Members.  A consistency check would also take alongside the plain English guidelines.

            The Chief Officer thanked Matt Geiorgiou who had left his role in Flintshire of Head of Legal Services and Deputy Monitoring Officer, for his work undertaken with the Working Group which had been a large piece of work and wished him well in his new role at Conwy County Borough Council.

Councillor Rob Davies moved the recommendation which was seconded by Councillor Hodge.

Councillor Richard Jones said page 119 needed to be amended to reflect the number of Overview and Scrutiny Committees as five and not six.  On page 115, the wording should be ‘a LDP’ and not ‘the LDP’.  In response to a question, the Chief Officer explained that any words that were underlined in the document reflected changes that had been made.  In response to a further question, the Chief Officer confirmed that the Act permitted Cabinet positions to be shared, which included the Deputy Leader.  Councillor Jones sought advice as to whether or not the arrangements over the last 12 months had not been in line with the Constitution.  The Chief Officer explained that the document was a live document and the work had commenced on it in autumn the previous year.  It described what was done when any changes were made so it was documented.  The document had not caught up, but the legislation did allow for what had been in place since last year in relating to sharing the role of Deputy Leader.  The Leader had the autonomy to appoint who he wished including shared roles which he reported  ...  view the full minutes text for item 102.

RESOLVED:

That the proposed amendments to the Councillors’ Code of Conduct be approved, including the change proposed by Councillor Peers.

The Chief Officer (Governance) introduced the report and explained that the Standards Committee conducted a rolling review of the codes and protocols

within the constitution. As part of its most recent review, it considered changes to

the Councillors’ Code of Conduct in response to recommendations in the Penn Review.

It recommended the following changes to Full Council for approval:

iv) Paragraph 4a of the Code (to have due regard to equality of opportunity for all people) should be extended to include all nine protected characteristics under the

Equality Act 2010.

vi) 6(1)(b) of the Code of Conduct should be amended to make it an obligation on a Member to report their own criminal behaviour as well as that of others (as at

present).

vii) training on the Code of Conduct should be mandatory for all Members

The Constitution and Democratic Services Committee considered the changes at

its meeting on 15 March 2023 and agreed to recommend them for adoption.

            An updated draft had been circulated to Members which addressed any concerns that had been raised, particularly in relation to new offences since commencing the Council term.           

            On page 668, Councillor Peers asked if the Council were being asked to approve something that had not been tested in a tribunal.  The Chief Officer explained that in changing the Code, Welsh Government (WG) had published a proposal to amend the national model of the Code which was part of the consultation and could be removed in due course.  If it was accepted, it had to be submitted to Parliament to pass that legislation.  If a tribunal advised it was not for Flintshire to include those aspects in the Code then Flintshire would remove it.  However, legislation did permit the Council to make the changes to their own Code.  In response to a further question, the Chief Officer said it was a good suggestion that the reference to facsimile be removed.

            Councillor Richard Jones suggested that rather than listing the three protected characteristics on page 668, that the wording say ‘protective characteristics’ which would future proof the document.  The Chief Officer explained that, as the recommendation of the report had not been moved, this became the substantive motion.

            In response to a question from Councillor Bithell, the Chief Officer explained that when a person stood for election, they would be disqualified if they had been sentenced to imprisonment for three months or more.  However, there would become a point where the previous crimes would become ‘spent’.  The Constitution and Democratic Services Committee had requested a report on the updating of Disclosure and Barring Service checks which would be reported to the meeting in June.

            Councillor Ibbotson moved an amendment that the three protected characteristics should remain to ensure there was no regression in the characteristics. 

            At this point the discussion was on the amendment.

            The Chief Officer explained that either proposal was legitimate, and it was for Members to determine.

            Councillor Coggins Cogan spoke in support of retaining listing individual characteristics as  ...  view the full minutes text for item 103.

RESOLVED:

That Sally Ellis be reappointed as a Lay Member of the Governance and Audit Committee for further three years until 31^st May 2026.

The Chief Officer (Governance) introduced the report and explained that the Local Government and Elections (Wales) Act 2021 required the Council to

ensure that 1/3 of members on the Governance and Audit Committee were Lay Members.

The term of office for one of the existing Lay Members was due to expire in May 2023, having already served five years. The Lay Member was willing to serve for a further term if the Council was willing to re-appoint her.

Sally Ellis was appointed by the Council in May 2017 for a period of five years. Her term of office therefore expired in May 2022. She had been a diligent and active member of the Committee and was its current chair.

In order to allow Councillor’s time to “settle in” and time for mature consideration of the skills mix on the Committee, Sally Ellis was reappointed for 12 months. Members having had nearly 12 months experience of the Committee and her as chair.  If she was re-appointed, it was suggested that it should be for a further period of three years so that the Council could recruit for a replacement in 2026 before the next elections.

            The recommendations were moved by Councillor Attridge and seconded by Councillor Parkhurst.

RESOLVED:

That Sally Ellis be reappointed as a Lay Member of the Governance and Audit Committee for further three years until 31^st May 2026.

To note the answers to any questions submitted in accordance with County Council Standing Order No. 9.4(A): one was received by the deadline and is attached.

Councillor Bernie Attridge: Review of the start of the annual leave year.

One had been received.

One was received and Members had been provided with a copy, including the response:

Councillor Bernie Attridge

“Can the Cabinet Member commit to an urgent review of employee’s holidays due to lots of employees taking annual leave at the end of the financial year and leaving services vulnerable. I would be grateful if you could look at employee birthday as a way of sorting this problem out. I appreciate it is for managers to manage but I am aware of services with all agency staff whilst our employees take annual leave. I would like to ask the Cabinet Member a supplementary question at Full Council depending on his response”.

In response to the question, Councillor Mullin, the Cabinet Member for Governance and Corporate Services including Health and Safety and Human Resources said:

“I would like to thank Councillor Attridge for his question.

The holiday year can be any 12-month period but is most commonly defined in the United Kingdom as the calendar year (1 January to 31 December) or the financial year running from 1 April to 31 March.

The Council’s annual leave year is and has always been aligned to the financial year (1 April to 31 March). This enables finance colleagues to make accurate financial provision for any leave carried forward into the new leave year. It is also aligned to the outcome of national negotiations in respect of pay and terms and conditions which are effective 1 April annually.

Chief Officers have previously considered the question of leave and changes to leave years, however, and as part of those considerations there are a number of complexities which would involve substantial rework with little overall business benefit.  The fundamental position should clearly be that leave should be effectively managed within the portfolios and form part of active ongoing discussions with managers and their team members to avoid large amounts of leave, which cannot realistically be used sensibly by the end of the leave year.

In relation to Cllr Attridge’s point relating to leaving services vulnerable, I don’t believe that this is or has ever been the case and would of course welcome any specific information he can furnish me with so that it may be fully considered”.

He suggested that a meeting could be held with the Chief Executive, Cabinet Member, the Corporate Manager, People and Organisational Development and Councillor Attridge.

Councillor Attridge added that it was a widespread issue across the whole authority as employees were unable to carry over leave.  He commented on one service area which had a high number of managers off at the same time, with agency workers covering, which was not acceptable.  He welcomed the opportunity of the meeting which was offered by the Cabinet Member.

Councillor Mullin said a suitable solution needed to be found that worked for everybody.

The Chief Executive said further work was required on the issue and a report would be submitted to a future meeting. 

This item is to receive any Notices of Motion: none were received by the deadline.

None were received.

None were received.

To consider any issues raised by Members arising from the Minutes of the Cabinet, Scrutiny Committees and other Committees, together with any questions raised under Section 4.20 of the Council’s Constitution.  Copies of the Minutes of the various meetings that have taken place since the last ordinary meeting of the Council which have been approved and published on the Authority’s website, can be obtained, if required, via the Committee and Member Services.

None were received.

There were no members of the press or public in attendance.