8. 4. Standards of Conduct Committee Statement on the Incoming Standards Commissioner

– in the Senedd at 3:21 pm on 30 November 2016.

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Photo of Elin Jones Elin Jones Plaid Cymru 3:21, 30 November 2016

(Translated)

The next item on the agenda is the statement by the chair of the Standards of Conduct Committee and I call on the committee Chair, Jayne Bryant.

Photo of Jayne Bryant Jayne Bryant Labour

Diolch, Lywydd. Today is Gerard Elias QC’s last day in office as the commissioner for standards. I would like to thank him for all his hard work in establishing this landmark role over the last six years and welcome his successor, Sir Roderick Evans QC, to the position of commissioner for standards.

Gerard Elias was appointed in 2010 following the passing of the National Assembly for Wales Commissioner for Standards Measure 2009. He was an excellent appointment for the Assembly, bringing his wide range of experience, having worked in the legal profession for over 40 years. His strong commitment to public service led him to having held a number of public appointments. These include a deputy High Court judge, recorder and former leader of the Wales and Chester circuit, chancellor of the diocese of Swansea and Brecon, chairman of the England and Wales Cricket Board’s Cricket Discipline Commission and chairman of Sports Resolutions UK.

The Measure of 2009 sought to ensure the National Assembly for Wales had a commissioner for standards able to promote high standards in public life among Assembly Members; had the powers to establish him or her to investigate complaints rigorously; and, finally, a commissioner who was clearly independent of the Assembly and therefore able to act with complete objectivity. These are all matters of great significance to ensure that the people of Wales have confidence in their elected Members.

During his tenure, Gerard Elias has aspired to and achieved the aim of the Assembly being a beacon of standards in public life. He’s established a well-respected, independent office and shaped his role to ensure that there is confidence in the standards of the Assembly. I believe he has taken a measured and balanced attitude to managing complaints and engaged in constructive conversations across the board, from Assembly Members to the wider public, about reasoning for his decisions and those who brought forward complaints.

This pragmatic and approachable style has been valued by Assembly Members and all those who have worked with him. Alongside his work on complaints, he’s been a source of salient advice to the standards committee, particularly during the fourth Assembly’s review of the code of conduct and associated guidance, which culminated in the compendium document that was issued to all Members at the beginning of the fifth Assembly. Of particular note was his work to ensure that the Assembly had adequate sanctions and appropriate sanctions if a transgression by a Member occurs and his updating of the requirements for the declaration and registration of interests, which has brought more clarity and transparency to the system.

These changes made here have helped to ensure that the rules governing the Assembly standards are fit for purpose in the changing context of devolution. Furthermore, Gerard Elias instituted the biennial standards commissioner lecture on standards in public life, which broadcast to Wales that standards in public life do matter. Having secured two Lord Chief Justices in office to attend was a real achievement and an excellent innovation for the Assembly. This is an initiative I understand the new commissioner intends to continue.

I’m also delighted to take this opportunity to welcome Sir Roderick Evans QC to the role of commissioner for standards. I’m sure Members will agree that he’s an excellent appointment. Sir Roderick is a retired High Court judge and, in addition to a distinguished legal career, is also a fellow of Aberystwyth, Swansea and Bangor universities, a fellow of the Learned Society of Wales and was welcomed into the Gorsedd of the Bards in 2002. During his comprehensive recruitment procedure, Sir Roderick attended a public confirmation hearing at a meeting of the fourth Assembly. At this hearing, he comprehensively set out his vision for the future of standards in the Assembly and his approach to the potential challenges during this Assembly and beyond. His appointment was unanimously confirmed by the fourth Assembly.

The role that Sir Roderick is taking on is still relatively new and continually evolving. Undoubtedly, there will be challenges to ensure that the Assembly maintains the high levels of standards achieved thus far, not least as the committee starts its review of lobbying and identifies those areas that need further guidance and advice. The committee is looking forward to working with Sir Roderick to support him in building the office of commissioner for standards further, and to uphold the high standards of the National Assembly for Wales.

I’m sure all Members will join me in welcoming Sir Roderick to the post and thanking Gerard Elias for all the hard work he’s done in developing the role of commissioner and upholding the standards of the Assembly. [Assembly Members: ‘Hear, hear.’]

Photo of Llyr Gruffydd Llyr Gruffydd Plaid Cymru 3:27, 30 November 2016

(Translated)

May I thank the Chair for her statement and welcome her, of course, to her role? This is her first formal statement to this Assembly, and I thank her for that and look forward to working with her as a member of the committee. May I also endorse the thanks to Gerard Elias QC, appointed, as we heard, in 2010? As a member of the standards committee in the last Assembly, I can testify to the fact that he did promote the high standards that we all strive to achieve. He has been an independent-minded figure, of course, but also entirely objective in his consideration of the cases that were brought before us. Our debt, as Members and, indeed, broader society, to him is very great in that regard.

You referred to the review in the fourth Assembly of the code of conduct and the related guidance, and, yes, that led to a summary document that has been presented to all Members of the fifth Assembly. That’s a valuable contribution, I think, to securing the high standards that everyone wants to see, but it does so in a robust manner, yes, but without being impractical or unreasonably burdensome. I would ask you, Chair, in looking to the future, that striking that balance is a very important thing, that is that expectations in terms of standards are commensurate to the level of risk that exists, and that we need a system that is effective and robust, but simultaneously practical and reasonably implementable.

I would also endorse your welcome to Sir Roderick Evans QC into his role. I had an opportunity to question him as part of the confirmation process, and I am entirely confident that not only will he continue the good work done in the past few years, but will of course also build upon the work of his predecessor.

The role, as you said, is still evolving, as is this institution, of course, and there will be challenges facing us, and we must not rest on our laurels. I’m sure that you would agree with me that safeguarding standards is an ongoing process in an institution such as this one. May I perhaps ask you whether you would agree that devolution of additional powers, particularly in relation to taxation, perhaps, will further highlight the need to continue with this work of safeguarding standards in light of what will be, I suppose, as a result of more powers, more external interests and influences and more lobbying, and that it’s important that we continue to ensure that the highest standards are maintained under the new commissioner, as we move forward?

Photo of Jayne Bryant Jayne Bryant Labour 3:30, 30 November 2016

Thank you very much, Llyr. I really appreciate your kind words as well at the start, so thank you very much. I think the commissioner, Gerard Elias, has sort of got into me straight away about the need for vigilance, but also proportionality, so I think the committee hears that loud and clear. And, as you quite rightly say, with the new powers that are coming to the Assembly, those key words are really important—that we continue to be vigilant always, and to be proportionate.

Photo of Darren Millar Darren Millar Conservative

Can I also welcome the statement from the Chair of the Standards of Conduct Committee on the incoming standards commissioner? The commissioner plays, of course, a very key role in aspiring to achieve the highest possible standards from us as Assembly Members, so that the public can have confidence in their elected representatives. I think we’ve been fortunate to have had an excellent standards commissioner in Gerard Elias QC, and I think he’s done an exceptional job, always thoroughly objective and independent in the way that he’s conducted himself as well. I’ve no doubt whatsoever that Sir Roderick Evans QC will continue in that vein, and I want to, on behalf of the Welsh Conservatives, also welcome his appointment. I’ve no doubt that he will be also very exceptional.

I think it is crucial that the new commissioner’s remit is firmly established in order for him to fully understand the breadth of his role, and so I would appreciate knowing whether you as Chair of the committee feel that it is time, perhaps, to reflect on the scope of the role of the commissioner to see whether, because of the changing arrangements in this Assembly, there may be an opportunity to refresh that in some way.

Of course, the standards committee is also there to hold the commissioner to account, and we all have an opportunity to have a look at the commissioner’s annual report. But I wonder whether there might be additional opportunities to monitor the work of the commissioner and his office in the future, and whether the standards committee may have some additional opportunities to be able to do that, perhaps in a little more depth.

I’m sure the Chair will agree with me that it’s important that the new commissioner has a strong engagement with Assembly Members from the very start. Obviously, none of us in this Chamber want to see him too often, I’m sure, for all sorts of reasons. But, it is important to have a good rapport and an understanding of each other’s respective roles, and I wonder whether there might be an opportunity for the Chair of the committee to arrange for Assembly Members to be able to do just that in the future.

We’ve also got to make sure, of course, that there’s transparency in the work of the commissioner, and that the regulations and the code of conduct are constantly under review, and that they are understandable by Assembly Members, the commissioner and, indeed, members of the public. I wonder whether there may be, again, an opportunity for the committee to look at these things in the round, particularly in terms of public engagement and understanding the role of the commissioner, if they want to make complaints, for example.

I think that the way that Assembly Members, at all levels, engage with their constituents continues to change. There’s far more done by social media, for example, now than there was 10 years ago when I was first elected to this institution. And, as a result of that, I think it’s very wise that we constantly keep things under review. But I do very much hope that the new commissioner, in undertaking his role, will consider that part of our work, in particular going forward, to see whether there may be any changes necessary to the code of conduct in order that they can reflect the new landscape of communications, if you like. But just to put on record again my thanks to Gerard Elias, and the warm welcome that we want to give to Sir Roderick Evans.

Photo of Jayne Bryant Jayne Bryant Labour 3:34, 30 November 2016

Thank you very much for the warm welcome to Sir Roderick, and your kind words again about Gerard Elias, because I think it’s great to have all parties on the same page on this, because he has done a fantastic job.

I think you raise a really interesting point about the need to look at the role in the future, and I’m happy, along with colleagues on the standards committee, that we can have a discussion about that. I’m keen that we do keep up to date and follow things through appropriately. Your point about transparency is absolutely crucial, and, again, that’s an area where we feel strongly that we have to be vigilant. And the point again about social media: as you said, this role has changed incredibly over the last few years, and it is really important that we uphold those standards through social media as well.

Photo of David Rowlands David Rowlands UKIP 3:35, 30 November 2016

Can I also add my congratulations to the Chair of the standards committee on the excellent way that you delivered your first statement to the Chamber? That also reflects the way that you’re running the committee in general anyway. Okay. Being new to the standards committee, I had little time to get to know Gerard Elias personally. However, I’m very aware of the legacy he’s left from his time in office, not least in his input into the compilation of Standing Orders—the Standing Orders rulebook. This is, of course, an invaluable asset to any newcomer to the Assembly, as well as giving first-class guidance to established AMs and Assembly staff. In my short time as an Assembly Member, I have come to realise the high regard in which Gerard Elias is held by all those involved in the Welsh Assembly. His legacy is sure to be a lasting one.

Can I also now turn to Gerard Elias’s successor, Sir Roderick Evans? It shows the growing stature of this Assembly that we’ve been able to secure the services of a person of such high standing. I’m sure he will bring as many attributes to the role, with an independence and authority that is so important to our democracy. I am equally sure that all in the Assembly, and particularly those of us in the standards committee, welcome him wholeheartedly to his new role. I know that the role of the standards committee will change over the coming years, but I’m equally satisfied that the Chair will lead us very competently in that role.

Photo of Jayne Bryant Jayne Bryant Labour 3:37, 30 November 2016

Thank you very much, again, for your kind words on that as well. And, like you, I’d like to echo the points about the compendium, because as a new Member myself, I’m very grateful to have everything in one place. So, we’re looking forward to working with the new commissioner. He’s already come to the committee on a number of occasions, so he’s going to ensure a smooth transition as well. So, thanks very much.

Photo of Elin Jones Elin Jones Plaid Cymru

Thank you to the Chair. I see Gerard Elias in the public gallery. You’re too far away from me for me to work out whether you’ve been blushing at all the praise bestowed on you. But if I may echo the thanks that have been expressed this afternoon from all parts of the Chamber, on behalf of all of us, for the quality of the work that you’ve undertaken on our behalf, and wish you well for the future. Diolch yn fawr. [Applause.]