Agenda item

Local Government & Elections (Wales) Bill

Decision:

(a)       That the briefing report be received;

 

(b)       That Council notes the constitutional and other implications of the Act, and supports internal plans for their implementation as necessary; and

 

(c)        That Council is not supportive of proposals for CJCs as they currently stand and reiterates the comments made in the response to the WG appended to the report and requests that any further regulations meet the tests as set out in the response to the consultation

 

 

Minutes:

The Chief Executive introduced a report on the Local Government and Elections (Wales) Bill.  He advised that the Bill had received Royal Assent and was now an Act.  The purpose of the report was to highlight the key contents of the Act and for Council to note the constitutional implications  (for example electoral reform,  Corporate Joint Committees (CJCs), and public participation) and other implications (for example creation of a Governance & Audit Committee) and the internal plans for  implementation.  The Chief Executive advised that whilst some of the changes were immediate there was no timetable as yet for the Welsh Government (WG) to introduce others.  He provided a brief update on CJCs and said the Authority’s response was appended to the report, and electoral reform and asked the Chief Officer (Governance) to present the report.

 

            The Chief Officer provided background information and advised that subject to commencement the Authority must implement the Act in the best way it could to suit local circumstances.  He reported on the key areas of the Act, as detailed in the report, which required Council to make a decision, and which would affect members directly or be relevant to their strategic role.   The Chief Officer explained that he had established a working group to schedule an implementation plan for the Act and would submit periodic reports to members on progress.

 

Councillor Ian Roberts moved the recommendations in the report with the amendment that the Local Government & Elections Bill was now an Act.  Councillor Roberts said he welcomed the changes brought in by the Act regarding the electoral franchise which enabled 16 and 17 year olds to vote for the first time in National Assembly elections and County and Community/Town Council elections scheduled for May 2022, and  improving public accessibility to local government meetings.  Councillor Roberts expressed concerns over the scrutiny arrangements for  Corporate Joint Committees (CJCs) and, referring to the creation of a Governance & Audit Committee, also expressed concern that a Member would not chair the  Committee and commented on the increasing influence of lay members.

 

Councillor Carolyn Thomas seconded the recommendations.  She said she had also raised concerns over the creation of CJCs and referred to the Authority’s response to the WG consultation document on CJCs which was appended to the report.

 

Councillor Chris Bithell concurred with the views expressed by Councillor Ian Roberts on the Governance & Audit Committee and expressed further concerns  over the option to change the voting system for local elections in the future.

 

Councillor Richard Jones expressed concerns on the creation of CJCs and scrutiny arrangements.  Referring to previous consideration on CJCs he asked if any further consultations had taken place between 28 January 2020 and 18 November 2020 and was the WG consultation document on CJCs considered by Cabinet on 15 December 2020 of any value if the WG had made a decision to pass the Bill on 18 November. 

 

Councillor Tudor Jones commented on the extension of the franchise to 16 year olds and foreign citizens under electoral reforms.  He expressed concern that due to the pandemic ,schools were not able to raise awareness among pupils of their right to vote at 16 and right to register to vote from the age of 14.  He commented that the Authority and Members needed to assist in raising awareness in local secondary schools and local communities.

 

Councillor Mike Peers referred to section 1.04 of the report and the information that with the Single Transferable Voting system (STV) instead of one or two people representing everyone in an area, larger areas elect a small team of representatives, such as 4 or 5.  He expressed the view that this would result in larger wards which would cover a vast area and wouldn’t work.  

 

In response to the questions and comments made the Chief Executive advised that STV could only be adopted locally if the Council voted in favour of it (and in accordance with the size of the vote required).  Referring to the comments from Councillor Tudor Jones on the extension of the franchise to 16 year olds, the Chief Executive explained that around 50% of young voters had been registered so far and said the Electoral Commission would be carrying out national publicity in Wales. The Council  was also targeting young people and would be working to raise awareness with local schools and colleges.  Responding to the concerns from Councillor Richard Jones on CJCs, the Chief Executive explained there were ongoing national discussions over the detail of their operation. 

 

The Chief Officer (Governance) also responded to the points raised by Councillor Chris Bithell in relation to allowing non-politically restricted Council employees to stand  for election to their own Council, and the subsequent risk of not being elected, and the questions raised by Councillor Richard Jones relating to CJCs.

 

Councillor Richard Jones raised further concerns around CJCs.  The Chief Executive acknowledged the points made and suggested that Council might wish to consider adding a further recommendation to those  in the report  to  express concerns around how CJCs might work and that any regulations that the WG pass for CJCs should meet all the tests set out in the Authority’s response to the consultation.  Councillor Richard Jones proposed that a third recommendation be added to the report.  In seconding the proposal Councillor Carolyn Thomas advised that she had raised concerns many times around CJCs regarding duplication and  a  move away from local position. 

 

The Chief Executive also suggested that in response to the concerns expressed by Councillor Jones the second recommendation in the report be amended as follows:   “That the Council notes the constitutional and other implications of the Act, and supports internal plans for their implementation as necessary”.  Councillor Richard Jones moved the proposed amendment and this was seconded by Councillor Carolyn Thomas. 

 

The Chief Officer asked Councillor Ian Roberts, as mover of the original motion, if he supported the amendment as changed.  Councillor Roberts accepted the proposed amendment which became the substantive motion.

 

When put to the vote the recommendations were carried.

 

RESOLVED:

 

 (a)      That the briefing report be received;

 

(b)       That Council notes the constitutional and other implications of the Act, and supports internal plans for their implementation as necessary; and

 

(c)        That Council is not supportive of proposals for CJCs as they currently stand and reiterates the comments made in the response to the WG appended to the report and requests that any further regulations meet the tests as set out in the response to the consultation

 

 

Supporting documents: