– in the Senedd at 8:27 pm on 10 November 2020.
Group 13 is the next group of amendments, and they relate to Part 9 and are miscellaneous. Amendment 45 is the lead amendment, and I call on the Minister to move that amendment. Minister.
Diolch, Llywydd. I will speak to amendment 47 first. At Stage 2, a non-Government amendment was tabled seeking to require principal councils to
'make arrangements to provide a research and advice service to its members'.
I was unable to support this amendment, as the Local Government (Wales) Measure 2011 already provides that the functions of the head of democratic services include the provision of advice and support to members, which is intended to include a research service. Under the 2011 Measure, a principal council is required to provide their head of democratic services with staff, accommodation and other resources that, in its opinion, will allow them to discharge their functions. During committee proceedings, I committed to explore the potential of issuing guidance in relation to this matter, and I've tabled amendment 47 in response to that commitment.
This amendment will require principal councils to have regard to any guidance issued by the Welsh Ministers in relation to the provision of resources to their head of democratic services. I anticipate that this guidance could detail the benefits of a well-funded members' research service, and set out that councils should consider how they could allocate resources in order to support the provision of such a service.
Amendment 45 is a technical amendment to provide for a definition of 'document' in section 158, and remove the unnecessary definition of 'information'. This is in line with other technical amendments in previous groups.
Amendment 46 is also a technical amendment relating to section 158 of the Bill, which makes provision in respect of information sharing between the Auditor General for Wales and regulators. The amendment inserts a new section that ensures that the prohibition on the disclosure of information in section 54 of the Public Audit (Wales) Act 2004 does not prevent the auditor general from disclosing information he has acquired under section 158 of the Bill for the purposes for which he has requested it, or disclosing information to other regulators if a request has been made under section 158.
And finally, amendment 54 is consequential to amendment 46, and provides that the provisions inserted by that amendment come into force in line with the commencement of section 158. Diolch.
Welsh Government amendment 47, as we've heard, requires local authorities to have regard to guidance issued by Welsh Ministers, and guidance may be produced regarding a local authority's duty to provide its head of democratic services with such staff, accommodation and other resources that the local authority considers sufficient to allow the functions of the head of democratic services to be carried out. The Bill's explanatory memorandum states that one of the duties of the head of democratic services is to provide councillors outside of the executive with adequate support and advice. This amendment introduces a guidance-making power to ensure that access to advice and support is consistent across local authorities and that councillors have access to the resources they require. Of course, we know, as Members of the Senedd or Welsh Parliament, that we rely on the independent advice provided by the Research Service in the Welsh Parliament and we wouldn't seek independent advice from Welsh Government civil servants because of the inevitable conflict of interest that would arise where there is formal separation of power between executive and legislature. It is therefore essential that councillors of all parties outside of the executive, as well as in, can obtain independent advice and support. We therefore support the intentions of this amendment. However, should this amendment pass, as anticipated, the Welsh Government should provide local councils with the resources necessary to enable them to establish a members' research service, ensuring that councils do not have to use their already stretched existing resources to establish such services. Furthermore, measures should be put in place to ensure that any research service is accessible to all elected Members and is free of any political bias. I hope the Minister, in accepting our support, will also acknowledge the issues I've highlighted.
Delyth Jewell. Can the microphone be unmuted?
Diolch, Llywydd. I wanted to speak very briefly to this group of amendments and to welcome the Minister's commitment, given at Stage 2, to explore the potential for guidance to be issued that would strengthen the role of democratic services within local government, including the potential for a research service function, as has just been mentioned by Mark Isherwood. In that respect, amendment 47 is most welcome and can be used to strengthen the role and support that democratic services can offer councillors.
Minister to respond? No? Okay.
The question is that amendment 45 be agreed. Does any Member object? [Objection.] Yes, Gareth Bennett has objected. I will therefore open the vote on amendment 45. Close the vote. In favour 44, six abstentions, none against. Amendment 45 is therefore agreed.
Amendment 46, Minister.
The amendment is moved. Are there any objections to amendment 46? [Objection.] There are. Open the vote on amendment 46. Close the vote. In favour 36, 12 abstentions, two against. Therefore, amendment 45 is agreed.
Amendment 47, Minister.
Are there any objections to amendment 47? [Objection.] There are. Open the vote on amendment 47. Close the vote. In favour 44, four abstentions and two against. And therefore, amendment 47 is agreed.