Part of the debate – in the Senedd at 6:16 pm on 10 November 2020.
Diolch, Llywydd. Before speaking to the individual amendments, I would like to provide some context, as I am very aware that it is not usual to bring forward amendments of this nature at Stage 3. Llywydd, I'd also like to object for the length of time this is going to take in advance.
The group represents a comprehensive package of provisions, comprising of four building blocks, intended to equip local authorities with modern and robust ways of working. The pandemic has exposed how out-of-date and restrictive some of the provisions are. Indeed, many of the requirements are set out in primary legislation that dates back as far back as 1960, and reflects a world and ways of doing business that predate the internet and electronic communication.
In response to the pandemic, we made emergency regulations in April so as to allow local government bodies to meet remotely and publish meeting documents electronically. These bodies would not have been able to meet legally and safely, or continue their business during the pandemic, without this intervention. Warmly welcomed by stakeholders, these regulations have resulted in other benefits. Local government bodies have been able to work more flexibly and efficiently and decision-making processes have been made accessible to a much wider audience. In addition, some bodies have actually reported increased attendance at meetings.
However, these emergency regulations are time limited and only apply to meetings until 1 May 2021. Without any further legislative change, local authorities will have to revert to the pre-pandemic regime, losing the benefits they have experienced. The amendments in this group build on the changes made by those regulations, bringing meeting procedures into the twenty-first century and putting in place mechanisms that allow the new provisions to be reviewed, scrutinised and updated when needed.
These amendments also provide for local authority meetings being broadcast electronically so that individuals are able to follow proceedings that will impact on the services they rely on.
Turning, therefore, to the amendments, I call on Members to support amendment 15, which represents the first building block. The Local Government (Wales) Measure 2011 put in place arrangements for members to attend meetings of principal councils remotely. However, a key aspect of the arrangement was that 30 per cent of members had to be present at the same location for the meeting to be quorate.
As introduced, section 48 of the Bill amended some aspects of the 2011 Measure. However, in light of recent circumstances, this does not go far enough, especially given that most meetings are now taking place entirely from living rooms, home offices and other such places. In addition, the provisions of the 2011 Measure would only extend to principal councils and not to bodies such as national parks and community councils, who have found the flexibility afforded by the regulations invaluable.
Amendment 15 inserts a new section into the Bill relating to attendance at local authority meetings, in effect providing for what is commonly referred to as remote attendance. These new provisions cover the wider local government family, including national park authorities, fire and rescue authorities, community councils, or a port health authority for a port health district in Wales.
Under the new provisions, authorities must make and publish arrangements to facilitate meetings, including fully virtual meetings, semi-virtual or hybrid meetings and, of course, physical meetings. Authorities must ensure that every meeting covered by these provisions is capable of being held virtually. However, not all meetings will have to be held virtually; that will be a matter for local determination.
Authorities will be required to have regard to guidance, which will include the expectation that individuals' personal circumstances should be considered when deciding on the type of meetings to be held. This will be a big step forward to support greater diversity amongst elected members.
Meetings will be subject to the minimum condition that the equipment or other facility must enable all persons to speak to and be heard by each other. The exception to this standard is where a meeting is required to be broadcast under the Bill. In these instances, all persons must be able to see and be seen by each other in addition to being able to speak to and be heard by each other.
The Welsh Ministers may, by regulations, add to, amend or omit conditions or subject a joint board to the provision. These regulations are subjected to the affirmative Senedd procedure by amendment 51.
I do not support amendment 118, which would require authorities to prepare and publish on their websites the voting procedures to be adopted if the equipment fails when members are attending meetings remotely. I agree that voting arrangements and how the impact of any technical disruptions on those arrangements will be managed should be clearly set out in advance of the meetings taking place. However, experience over the past few months has seen local authorities establish the necessary measures to address these situations, and I believe this should be a matter for local determination. I will also be ensuring this matter is considered when developing guidance. In addition, this amendment alters section 4 of the 2011 Measure, which will be omitted as a consequence of the new section inserted by amendment 15. I ask Members to reject amendment 118.