We move to item 5, the Standards of Conduct Committee report, and I call on Andrew R.T. Davies to move the motion.  

Motion NDM7420 Andrew Davies

To propose that the Senedd:

1. Considers the report of the Standards of Conduct Committee - Report 01 -20 laid before the Senedd on 30 September 2020 in accordance with Standing Order 22.9.

2. Endorses the recommendation in the report. 

Motion moved.

Thank you, acting Presiding Officer. As temporary Chair of the Standards of Conduct Committee I formally move the motion. 

The committee considered the report from the acting commissioner for standards in relation to a complaint made against Vikki Howells MS regarding the improper use of the Senedd estate. I'd just like to clarify that it wasn't in Vikki's personal capacity; it was in her capacity as chair of the Labour group. The Standards of Conduct Committee gave the commissioner's report careful consideration, and our report sets out the committee's judgment as to the sanction that is appropriate in this case. 

The facts relating to the complaint, and the committee’s reasons for its recommendation, are set out in the full committee report. Since the agreement of this report in March 2020, the chief executive and clerk, in her role as accounting officer, has issued an update: 'Rules and Guidance on the Use of Senedd Resources'. These were circulated to Members on 4 September, and came into effect at the beginning of this term. The Standards of Conduct Committee welcomes the updated rules and considers that they will help significantly in bringing clarity to the use of Senedd resources.

The motion tabled today invites the Senedd to endorse the committee’s recommendation.  

I accept the committee's report and its recommendations. It was never my intention to breach the guidance that is in place. I'm pleased that the Standards of Conduct Committee is currently reviewing a range of issues, including the guidance provided to Members. I hope that this will ensure that the rules are clear, reasonable and well understood in future, so that other Members do not inadvertently find themselves in this situation. 

I speak in my role as Plaid Cymru business manager and chief whip. We accept the content of this report and we will be voting in favour of it. However, I do believe that there are broader issues arising from this case, as the commissioner recognises, which raise important questions about the maturity of our democracy and our ability to recognise the totally appropriate interweaving between our party political work as Members and our parliamentary work, but that we are clear that there is a boundary between the two and that that should be respected. 

So, I suppose the first question is: where does that boundary lie? And do the rules and guidance in place make that clear and provide sufficient guidance to Members and their staff? As the commissioner says in the case of this inquiry, it is

'almost inconceivable that at any party meeting during an election period there will not be some discussion of the forthcoming election.'

It is crucial for the smooth running of the Senedd and to secure a vibrant democracy that there is a safe space for political groups to discuss and arrange their work in a way that recognises the party-political context. It is also crucial that there is an appropriate opportunity for opposition parties within a particular framework to use their resources to develop an alternative policy programme.

The commissioner is of the view in the report that more clarity is required within the rules, particularly around election periods. And I do welcome the work that has already been undertaken to publish a new version of the guidance on the use of resources and the Senedd estate.

I also welcome, however, the commitment from the Commission that the new guidance can be kept under review and that it will be possible to refine it further this side of the election in order to ensure that it does properly retain that appropriate balance between party-political and parliamentary work and without any unintended consequences. 

No further action is recommended against Vikki Howells and I do think that that is proportionate. However, this case has taken up a great deal of time for everyone who's been involved in the process. It is important, therefore, that there's an ability for the complaints system to carry out its functions appropriately and clearly. As we move forward, we do need to ensure that complaints that reach Plenary, and all the steps leading to that, merit such a response. Thank you.

Andrew R.T. Davies to reply.

Thank you, acting Presiding Officer. I'm grateful to the two Members who contributed to the debate and to Vikki Howells's acknowledgment of and support for the report's findings. I hear the comments of Siân Gwenllian and I'm sure they will be fed into the review that the committee's undertaking into the code, and I'd welcome any other Member's contribution to that review that the committee is undertaking at the moment. I also welcome Siân Gwenllian's endorsement of the committee's findings and the report. I formally move the report.

The proposal is to agree the motion. Does any Member object? I see no Member objecting. The motion is therefore agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.