Group 11: Performance and governance of principal councils (Amendments 136, 33, 34, 35, 36, 37, 38, 81, 82)

– in the Senedd at 8:03 pm on 10 November 2020.

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Photo of Elin Jones Elin Jones Plaid Cymru 8:03, 10 November 2020

(Translated)

The next group of amendments is group 11 and the group relates to the performance and governance of principal councils—136 is the lead amendment and I call on Mark Isherwood to move the amendment and to speak to other amendments in the group. Mark Isherwood.

(Translated)

Amendment 136 (Mark Isherwood) moved.

Photo of Mark Isherwood Mark Isherwood Conservative 8:03, 10 November 2020

Diolch. Thank you. Amendment 136 introduces a new provision to allow local town and community councils to be invited to be party to a panel performance assessment. The Bill, as drafted, requires each principal council to appoint a panel at least once during each electoral cycle to assess its performance. In written evidence to the Equalities, Local Government and Communities Committee, One Voice Wales, representing town and community councils, said that they would welcome further discussions on the role that community and town councils could play regarding membership of the panel assessment process. It added that it advocates the potential for community and town councils to support the scrutiny endeavours of principal councils.

As principal councils and town and community councils often collaborate on issues, this will allow town and community councils to provide feedback on their experiences of working with the principal council, as well as providing recommendations to improve local involvement within the decision-making process. This thereby would strengthen all parties involved.

During Stage 2 proceedings, the Minister stated that while the provisions in the Bill will give the Welsh Ministers powers to make regulations in relation to the appointment of panel members, their intention is actually to cover this through guidance in the first instance. However, such a provision does not guarantee that all principal councils will invite their local town and community councils onto a panel assessment, and it's important for real engagement and good governance that all local public bodies have opportunities to formally submit their views on the performance of a principal council, including town and community councils, who are representative of the communities that they're elected to represent. I hope the principle behind this will be acknowledged, therefore, and the opportunity to support this to strengthen this Bill.

Photo of Julie James Julie James Labour 8:05, 10 November 2020

If I could just begin by responding to amendment 136, section 93 already allows for regulations to be made about the appointment of panels, and these regulations may include provisions about the appointment of the members of a panel. Any such regulations will, of course, be subject to consultation in line with standard Welsh Government practice and subject to the scrutiny of the affirmative Senedd procedure. This amendment only makes provision about one specific category of members. Before specifying particular membership of panels in legislation, it would be important to work through the purpose of the involvement of all specified members. It is important to note that, while the provisions in the Bill will give the Welsh Ministers powers to make regulations in relation to the appointment of panel members, our intention is to cover this through guidance initially. On this basis, I reject amendment 136 and ask Members to reject it also.

Turning to the remaining amendments, amendments 33 and 34 replace sections 97 and 98 of the Bill in their entirety. We've taken this approach rather than making a series of individual amendments to the provisions. The amendments do not significantly modify the substance of the Auditor General for Wales's powers of entry and inspection. Rather, amendment 33 sets out the AGW's powers in a readable way, which is consistent with the drafting of the section inserted by amendment 34. This amendment also provides the Auditor General for Wales an additional power of retaining documents that they have inspected or have been provided with under this section. However, these documents can only be retained for as long as is necessary for the purposes of the special inspection. Amendment 34 inserts more detailed provision about the conditions and limitations that apply to the exercise of the Auditor General for Wales's powers of entry and inspection and specifies different requirements for the different powers and persons against whom the powers may be exercised. Amendments 35 and 36 are technical amendments consequential to amendment 33. 

Turning then to amendment 37, this is a technical amendment similar to amendments in the previous group that alter the drafting of the definition of 'document' in relation to chapter 1 of Part 6. This ensures consistency with other provisions in the Bill and does not change the effect of the definition. Amendment 38 is linked to amendment 37 and removes the definition of 'information' in relation to chapter 1 of Part 6 of the Bill. This is not needed, as 'information recorded in any form' is already included in the definition of 'document'.

Amendments 81 and 82 are minor technical amendments that refine the instructions that state where within the text being amended the amendments provided for by these provisions should be inserted. I would ask Members to support these amendments put forward in my name. Diolch.

Photo of Mark Isherwood Mark Isherwood Conservative 8:08, 10 November 2020

Thank you. Well, we will be supporting Welsh Government's amendments to this, but disappointed to hear once again a failure perhaps to fully grasp what I'm trying to state, that openness, accountability, transparency and engagement lead to strengthened relationships, better operating organisations, happier, more motivated people and more engaged communities, not because I say so, but because the evidence—palpable, copious evidence—out there makes this clear. This is simply seeking to ensure that we introduce a further means to strengthen this Bill to enable that goal to be achieved, and it's disappointing that once again we're missing an opportunity to improve matters for all parties involved in this way to mutual benefit. Diolch.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 136 be agreed. Does any Member object? [Objection.] Yes. I will therefore open the vote on amendment 136. Close the vote. In favour 10, six abstentions, 35 against. The amendment is not agreed.

(Translated)

Amendment 136: For: 10, Against: 35, Abstain: 6

Amendment has been rejected

Division number 2678 Amendment 136

Aye: 10 MSs

No: 35 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 9 MSs

Abstained: 6 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 8:09, 10 November 2020

(Translated)

Amendment 33 in the name of the Minister.

(Translated)

Amendment 33 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

It is formally moved. Are there any objections to amendment 33? [Objection.] There are. Open the vote on amendment 33. Close the vote. In favour 43, four abstentions, and four against. Therefore, amendment 33 is agreed.

(Translated)

Amendment 33: For: 43, Against: 4, Abstain: 4

Amendment has been agreed

Division number 2679 Amendment 33

Aye: 43 MSs

No: 4 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 9 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 8:10, 10 November 2020

(Translated)

Amendment 34 in the name of the Minister.

(Translated)

Amendment 34 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru 8:10, 10 November 2020

(Translated)

It's formally moved. Any objections to amendment 34? [Objection.] I see that there are. Open the vote on amendment 34. Close the vote. In favour 44, four abstentions, three against. Amendment 34 is agreed.

(Translated)

Amendment 34: For: 44, Against: 3, Abstain: 4

Amendment has been agreed

Division number 2680 Amendment 34

Aye: 44 MSs

No: 3 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 9 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

(Translated)

Amendment 35 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru 8:10, 10 November 2020

(Translated)

It's formally moved. Are there any objections to amendment 35? [Objection.] There are. Open the vote on amendment 35. Close the vote. In favour 44, four abstentions, three against. Therefore, amendment 35 is agreed.

(Translated)

Amendment 35: For: 44, Against: 3, Abstain: 4

Amendment has been agreed

Division number 2681 Amendment 35

Aye: 44 MSs

No: 3 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 9 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

(Translated)

Amendment 36 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru 8:11, 10 November 2020

(Translated)

It's formally moved. Are there any objections to amendment 36? [Objection.] I see that there are. Open the vote on amendment 36. Thank you. Close the vote. In favour 44, four abstentions, three against. Therefore, amendment 36 is agreed.

(Translated)

Amendment 36: For: 44, Against: 3, Abstain: 4

Amendment has been agreed

Division number 2682 Amendment 36

Aye: 44 MSs

No: 3 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 9 MSs

Abstained: 4 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 8:12, 10 November 2020

(Translated)

Amendment 37 in the name of the Minister.

(Translated)

Amendment 37 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru 8:12, 10 November 2020

(Translated)

Are there any objections? [Objection.] Yes. Open the vote on amendment 37. Close the vote. In favour 44, seven abstentions, none against. Amendment 37 is agreed.

(Translated)

Amendment 37: For: 44, Against: 0, Abstain: 7

Amendment has been agreed

Division number 2683 Amendment 37

Aye: 44 MSs

Absent: 9 MSs

Aye: A-Z by last name

Absent: A-Z by last name

Abstained: 7 MSs

Abstained: A-Z by last name

(Translated)

Amendment 38 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

It's formally moved. Are there any objections to amendment 38? [Objection.] There are. Open the vote on amendment 38. Close the vote. In favour 44, seven abstentions, none against. Amendment 38 is agreed.

(Translated)

Amendment 38: For: 44, Against: 0, Abstain: 7

Amendment has been agreed

Division number 2684 Amendment 38

Aye: 44 MSs

Absent: 9 MSs

Aye: A-Z by last name

Absent: A-Z by last name

Abstained: 7 MSs

Abstained: A-Z by last name

(Translated)

Amendment 81 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru 8:13, 10 November 2020

(Translated)

It's formally moved. Are there any objections to amendment 81? [Objection.] There are. Open the vote on amendment 81. Close the vote. In favour 44, seven abstentions, none against. Therefore, amendment 81 is agreed.

(Translated)

Amendment 81: For: 44, Against: 0, Abstain: 7

Amendment has been agreed

Division number 2685 Amendment 81

Aye: 44 MSs

Absent: 9 MSs

Aye: A-Z by last name

Absent: A-Z by last name

Abstained: 7 MSs

Abstained: A-Z by last name

(Translated)

Amendment 82 (Julie James) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

Are there any objections to amendment 82? [Objection.] There are. Open the vote on amendment 82. Close the vote. In favour 44, seven abstentions, none against. Amendment 82 is agreed.

(Translated)

Amendment 82: For: 44, Against: 0, Abstain: 7

Amendment has been agreed

Division number 2686 Amendment 82

Aye: 44 MSs

Absent: 9 MSs

Aye: A-Z by last name

Absent: A-Z by last name

Abstained: 7 MSs

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 8:14, 10 November 2020

(Translated)

Amendment 168 in the name of Delyth Jewell is next.

(Translated)

Amendment 168 (Delyth Jewell) moved.

Photo of Elin Jones Elin Jones Plaid Cymru 8:14, 10 November 2020

(Translated)

It's formally moved. Are there any objections ? [Objection.] There are. If amendment 168 is agreed, amendment 137 will fall. I call for a vote and open the vote on amendment 168. Close the vote. In favour 10, three abstentions, 38 against. The amendment is not agreed.

(Translated)

Amendment 168: For: 10, Against: 38, Abstain: 3

Amendment has been rejected

Division number 2687 Amendment 168

Aye: 10 MSs

No: 38 MSs

Aye: A-Z by last name

Absent: 9 MSs

Abstained: 3 MSs

Absent: A-Z by last name

Abstained: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 8:14, 10 November 2020

(Translated)

Amendment 137 in the name of Mark Isherwood.

(Translated)

Amendment 137 (Mark Isherwood) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

Are there any objections? [Objection.] There are. Open the vote on amendment 137. Close the vote. In favour 12, three abstentions, 36 against, therefore amendment 137 is not agreed.

(Translated)

Amendment 137: For: 12, Against: 36, Abstain: 3

Amendment has been rejected

Division number 2688 Amendment 137

Aye: 12 MSs

No: 36 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 9 MSs

Abstained: 3 MSs

Absent: A-Z by last name

Abstained: A-Z by last name