6. Debate on the Standards of Conduct Committee Report: Creating the Right Culture

Part of the debate – in the Senedd at 4:38 pm on 21 November 2018.

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Photo of Paul Davies Paul Davies Conservative 4:38, 21 November 2018

Can I put on record my sincere thanks to the Clerks of the Standards of Conduct Committee for their hard work throughout this inquiry, and producing this report? Creating the right culture in any workplace is imperative to a conducive and effective working environment, and I believe that all parties in this Chamber are committed to nurturing that environment. Therefore, I'm pleased to have sat on the Standards of Conduct Committee for the duration of this inquiry and I hope that the publication of this report brings us a step closer to promoting a culture of dignity and respect within the Assembly.

I believe this is a good report, and I'm therefore disappointed that, in responding to this report, the Welsh Government has rejected the recommendation for the First Minister to refer complaints regarding Government Ministers to the office of the standards commissioner so that the commissioner can subsequently report to the relevant body. I think the rejection of this recommendation sadly sends the statement that there's one rule for Assembly Members and one rule for Government Ministers, and, to be perfectly frank, I don't think that this will wash with the people of Wales. The Assembly must do everything that it can to instil public confidence in its procedures, and I believe that, by rejecting this recommendation, the Welsh Government is sending a statement that the First Minister will deal with his own inner circle behind closed doors and away from any independent scrutiny.

The Welsh Government's rationale behind rejecting the recommendation explains that, where a Minister was clearly acting in a capacity as an Assembly Member when the alleged misconduct occurred, the First Minister would, under those circumstances, consider it appropriate for the standards commissioner to handle the matter. Well, surely, Government Ministers are always Government Ministers. I think the people of Wales will struggle to understand when a Minister has clocked off, so to speak, and is only conducting business in their role as an Assembly Member. Surely, it would be simpler to understand and easier for the public if initial complaints and investigations were dealt with by the independent standards commissioner. The Welsh Government will no doubt argue that this isn't the case for other parliaments, but the Assembly doesn't always have to follow other legislatures. There is nothing to stop us from setting our own agenda on this matter.

Now, one of the focuses of the report is to ensure that individuals feel empowered to come forward with concerns or complaints. I know that, as a committee, we took evidence on this subject. The overwhelming message received was that, at present, the current culture did not adequately support complainants or encourage people to come forward with complaints and concerns. In response to that, I know that the Assembly Commission took immediate steps to update its website to attempt to make it easier for people to navigate and understand the complaints process. But, of course, much more needs to be done.

The confidential hotline, coupled with a series of posters, is now displayed throughout the Assembly estate. Again, that action too is very much welcome. It's also good to see that the existing processes will be routinely monitored via a mystery shopping exercise to ascertain if the existing material on how to make a complaint is effective, easily understood and workable going forward. These steps are important in demonstrating the Assembly's commitment to ensuring that complainants are aware of how they can make a complaint and how the process will be navigated. 

Now, as the Chair said, the committee's report also calls for the development of an online reporting tool to allow people to report incidents of inappropriate behaviour—either anonymously or through a named disclosure. I understand the sensitivities around anonymous reporting, but committee members heard that Cardiff University has done some groundbreaking work in this area and so it's good to see the Assembly Commission reflecting on the successes of other organisations' work on this. 

I appreciate that contact officers have already been established, as outlined in the dignity and respect policy and associated guidance, and they have a role to report cases to the head of HR anonymously, who then monitors, records and reports patterns of behaviour. However, I understand that the Commission will want to take further advice on this early in the new year before coming to a firmer conclusion on anonymous reporting, once there's been an opportunity for those processes to develop. Perhaps, in responding to the debate, the Chair of the committee will confirm whether the committee will be returning to this specific issue in due course. 

Finally, Llywydd, the committee identified social media as an area where there are increasing levels of inappropriate behaviour, and, in this fast-paced technological age, it's crucial that parliaments are responsive to online threats. We all know that social media has immense benefits—namely sharing information with the public and engaging with constituents—and I'm pleased that the committee is working to develop guidance on the use of social media and that it intends to establish a much more explicit link between what is acceptable on social media and the code of conduct. I look forward to hearing more about those developments as they take place.

In closing, it's crucial that all Members seriously understand the importance of this inquiry and that robust action is taken and routinely reviewed to ensure that the Assembly creates a culture that empowers people to come forward when they witness and/or are subject to inappropriate behaviour. The Assembly as an institution must be forward looking, progressive and willing to address its weaknesses. So, I urge every Member in this Chamber to support all of the committee's recommendations and commit to establishing a complaints process that is fair, transparent and fit for purpose. Diolch.