Agenda and minutes

www.swansea.gov.uk/disclosuresofinterests

In accordance with the Code of Conduct adopted by the City & County of Swansea, the following interest was declared:

Councillor M B Lewis – Minute No 15 – Requests for Dispensation – My wife has applied for dispensation - Personal and Prejudicial and left during discussion on that item.

The Monitoring Officer reported and detailed a report which sought approval of arrangements to hear and determine any referrals from the Public Service Ombudsman for Wales (PSOW) in relation to a complaint about breach of the Code of Conduct by a Member.

She outlined the different stages of the process that would need to be followed and indicated that the draft procedure had been collated following extensive liaison with her colleagues across Wales. She indicated that the procedure may need to be revised and amended going forward, once the procedure had been tested in dealing with an actual case.

Resolved that the Hearing Procedure attached at Appendix 1 to the report be approved and adopted.

The Committee was requested to exclude the public from the meeting during the consideration of the item(s) of business identified in the recommendation to the report on the grounds that it involved the likely disclosure of exempt information as set out in the exemption paragraph of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007, relevant to the item(s) of business set out in the report.

The Committee considered the Public Interest Test in deciding whether to exclude the public from the meeting for the item(s) of business where the Public Interest Test was relevant as set out in the report.

Resolved that the public be excluded for the following items of business.

(Closed Session)

(Closed Session)

The Monitoring Officer reported and outlined the report which detailed a number of requests for dispensation from Members.

The dispensations applied for relate to a Notice of Motion that will be considered at the Extraordinary Meeting of Council scheduled for 2^nd March 2021. The recommendation within the Notice of Motion is as follows:

The Leader of Swansea Council write a letter to the Chancellor of the

Exchequer asking him to reconsider this proposal ensuring the public sector

key workers are rightly recognised with a decent pay award in 2021/22.

That the Leader of Swansea Council invite Group Leaders to sign the letter

and show their support for Key workers.

The Monitoring Officer outlined the reasons behind the dispensations applied

for, as outlined in the individual forms submitted. She advised that the

grounds relied on by all Members were paragraphs (d) and (e) and that she

anticipated that further applications may be received as Members realise that

they may have an interest in the item. Therefore the Monitoring Officer

requested that she be given delegated authority to approve any further

applications on the same grounds. 

Having considered the Notice of Motion and the grounds relied on by the

Members the Committee

Resolved that

1) Councillors Cyril Anderson, Peter M Black, Mark C Child, Mike

Durke, Steve J Gallagher, Louise S Gibbard, Kevin M Griffiths, Joe A Hale,

David W Helliwell, Chris A Holley, Beverly Hopkins, David H Hopkins, Lynda

James, Jeff W Jones, Mary H Jones, Susan M Jones, Elliott J King, Myles

A Langstone, Andrea S Lewis, Wendy G Lewis, Clive E Lloyd, Peter N May,

Kelly M Roberts, Mary Sherwood, Andrew H Stevens, Rob C Stewart, Gloria J Tanner & T Mike White be granted dispensation to stay speak and vote on a Notice of Motion in relation to the Public Sector Pay Freeze which is to be discussed at the Council meeting on the 2 March 2021. The dispensation shall be valid until and including the Council meeting on the 2 March 2021.

2) Delegated powers be given to the Monitoring Officer to grant any further applications received prior to the Extraordinary Council meeting on the same basis as those applied for under paragraphs (d) and (e).

(#Note: Councillor June E Burtonshaw and Alyson Pugh subsequently approved)

The Monitoring Officer outlined the report which sought consideration of an application for dispensation in relation to Councillor Clive Lloyd.

In considering the granting of dispensations, the Committee sought to balance the public interest in preventing members with prejudicial interests from taking part in decisions, against the public interest of decisions being taken by a representative group of members of the Authority.

The reasons behind the application were outlined in the report and expanded on by the Monitoring Officer during discussion on the matter.

Resolved that:

1) Councillor Clive Lloyd be granted dispensation to exercise executive powers and stay speak and vote and make oral and written representations in respect of issues involving social services matters including provision of care. The dispensation shall NOT apply if the Councillor is or becomes aware of any impact on a close personal associate (within the meaning of paragraph 10(2)(c) of the Code of Conduct) that relates to and/or is specific to his mother.

2) Councillor Clive Lloyd be granted dispensation to exercise executive powers and stay speak and vote and make oral and written representations in respect of the Annual Review of Swansea Council’s Charging Policy on the grounds set out in paragraph (d).