5. Statement by the Chair of the Standards of Conduct Committee: Maintaining Confidence in the Standards Procedure

– in the Senedd at 4:06 pm on 15 May 2019.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:06, 15 May 2019

(Translated)

The next item is the statement by the Chair of the Standards of Conduct Committee on maintaining confidence in the standards procedure. I call on the Chair to make her statement—Jayne Bryant.

Photo of Jayne Bryant Jayne Bryant Labour

Diolch, Llywydd. The work of the Standards of Conduct Committee is integral to ensuring that we, as elected representatives in the National Assembly for Wales, maintain the confidence and trust of those who put their faith in us to represent them.

The system of an independent commissioner was introduced in 2011. The statutory post of commissioner for standards held important powers to carry out rigorous investigations of complaints against Assembly Members before reporting to the Standards of Conduct Committee. The creation of this post was significant. It aimed to give the people of Wales increased confidence in their elected representatives by enshrining in law the powers and independence of the Assembly’s commissioner for standards.

We are now in a different climate to 2011. As Members are aware, there's been extensive coverage about inappropriate behaviour and sexual harassment throughout society. The MeToo hashtag, a step that has allowed people across the globe to speak out and voice their concerns, has demonstrated that the need for change is undeniable. Politics is certainly no exception. A key factor in achieving this change is ensuring people have confidence to confidentially come forward and raise concerns without a fear of this often sensitive information being shared. It's also incumbent on us to make sure that we're encouraging wider representation in the political system. This will only be possible if we have a culture that is truly inclusive and enabling.

It's therefore deeply disappointing that recently a number of complaints to the commissioner for standards have been released to the media prior to the process having been concluded. In the last two instances, this has happened before the committee had even begun its consideration into the complaint. The committee’s work is significantly impacted when a complaint or the contents of a commissioner's report appear in the public domain before we've considered the matter. It greatly undermines the system and results in the committee considering a report against a backdrop of external comments and speculation. This is not fair on complainants or those who are subject to a complaint.

We have great concerns that the publicity and media coverage resulting from such breaches of confidentiality may act as a disincentive to making a formal complaint, particularly if it's of a sensitive nature. This is troubling and contrary to the work being undertaken across the Assembly to ensure confidence in how concerns and inappropriate behaviour are dealt with.

As elected politicians, we have a responsibility to ensure that we set the highest standards as an example to wider society. It's imperative that every one of us takes responsibility in achieving this. I'd like to remind all Members that we must not disclose, communicate or discuss any aspect of a complaint with the press or other media until the committee's report is published. This may include the discussion of any potential complaints before they've officially been made. Failure to adhere to this procedure is a breach of the code of conduct and will be treated as such.

Photo of Joyce Watson Joyce Watson Labour 4:10, 15 May 2019

I welcome this statement today from the Chair of the standards committee. The setting up of the independent standards commissioner of the Assembly was sadly needed, and, in the current climate, it'll probably be needed more than it was when it was initially set up. Investigations must be seen to be rigorous and conclusions that are then presented to the committee for due consideration have to remain confidential to allow them to carry out considered actions unimpeded by outside influences.

The two leaks to the media were, in my opinion, deliberate acts that served to undermine that particular process, and I agree with the statement today that that is deeply troubling, and that it's imperative that any AM, be they the complainant or the complained about, must expect to find themselves in breach of our code of conduct. My question is—to you as Chair—how can the Standards of Conduct Committee expect to be able to enforce that particular ruling.

Photo of Jayne Bryant Jayne Bryant Labour 4:11, 15 May 2019

Thank you, Joyce, for your comments, and I really appreciate the opportunity to make this statement, again, as I said, today, Llywydd, and I want to assure all Members and the public that this hasn't gone unnoticed. We've been very concerned about it and we have taken action when we've needed to. We did have leak inquiries around this, around the two points that Joyce has said today, and, from that, we've—those leak inquiries were able to suggest a number of improvements to the security processes, which have now been implemented.

But, just to reiterate, it is so important that we are clear that any leak greatly undermines the system and results in the committee considering a report against a backdrop of external comments and speculation, and it's not fair on the complainants and it is not fair for those who are subject to the complaint.