To present the report of the Director of Function (Council Business)/ Monitoring Officer.

The report of the Director of Function (Council Business)/Monitoring Officer incorporating a Public Speaking at Scrutiny Protocol was presented for the Committee’s consideration and comment ahead of its submission to the Executive and subsequently to the Full Council to determine whether or not it be adopted.

The Portfolio Member for Corporate Business presented the Protocol to the Committee stating that it is designed to assist Scrutiny Chairs in their work without affecting their authority or powers and to provide the public with a clear and accessible process for making their views known to the scrutiny committees.

The Solicitor for Corporate Governance advised that recent legislative developments have emphasised a legal requirement to listen to the voice of the public and that public involvement is imperative when Councils are making decisions. Under the Local Government and Elections (Wales) Bill published in November, 2019 which it is anticipated will receive Royal Assent during the Summer of 2020, there is a duty to encourage local people to participate in local government. There are also practical reasons for introducing the Protocol in terms of ensuring consistency and transparency for the public, for Members and for Officers. The focus of the legislation is to enable local people to have their views heard in matters that affect or can affect them. Although public speaking in scrutiny committees is currently possible, as there is no published procedural guide, it may be that the public are unaware of their ability to do so. The Protocol provides an opportunity to put in place clear, fair and formal guidance to inform the public and Members of the Committee about the arrangements and to ensure that expectations about the public speaking process are managed. Subject to approval, the finalised Protocol will be published on the Council’s website as well as on social media sites to enable Scrutiny to reach the public including audiences it may not have reached previously.

With regard to the details of the Protocol, the Officer referred to the main provisions therein as follows –

•           That Officers will undertake the administrative work under the Protocol in consultation with the relevant Scrutiny Chair;

•           Members of the public can request to speak at a Scrutiny Committee meeting if they have submitted a written request to the Scrutiny Officer at least 3 working days prior to the Committee meeting. The written request must be made using the relevant form from the Council’s website and electronic submissions are encouraged.

•           Any written submissions/documentation should also be made available 3 working days prior to the committee meeting at the same time as the request to speak is registered. This provides for a fair balance between allowing the individual sufficient time to register a request to speak and prepare the relevant information, and ensuring that Officers have enough time to make the necessary administrative arrangements including verifying the suitability of any material submitted. It also provides time for the Committee’s Members to prepare for the information presented.

•           Members of the public are encouraged to review the Scrutiny Committees’ Forward Work Programmes which set outs the subjects that are scheduled to be considered – the Protocol includes a digital link to the work programmes.

•           One person may speak from each group or party where each group or party has something different to say the aim being to ensure that the Committees hears all points of view, but that contributions are not repetitive. The Chair of the Committee will have the discretion to allow a second/third speaker with the same perspective in exceptional cases and where there are clearly different arguments to be heard. In accordance with legal powers, the Chair of the Committee will continue to have discretion in terms of exercising powers in presiding over the meeting which is made clear in the Protocol.  

•           Each speaker will be given five minutes to make their contribution.

In response to questions arising on the report, the Director of Function (Council Business)/Monitoring Officer and the Solicitor for Corporate Governance further clarified –

•           That with regard to other authorities that have in place a published protocol for public speaking at scrutiny committees the time allotted to public speakers to make their contribution to a meeting can vary between them with some authorities allowing 5 minutes for each speaker and others 3 minutes.

•           That the Protocol provides an organised and structured means for members of the public to give their views on issues that matter to them but does not permit members of the public to enter into a debate with members of the Scrutiny Committee.

•           That with regard to making a request and submitting information the three days’ notice period is considered necessary to allow Officers sufficient time to administer the request and to confirm the acceptability of any documentation presented and is in line with the statutory timeline for issuing committee papers. The publication of the agenda should not be the only means of raising the public’s awareness of Scrutiny topics and the right to speak thereon; should the Protocol be adopted it is proposed that it be highlighted via a link in the Forward Work Programme. Additionally, as the Council undertakes a number of formal public consultations it might be possible to incorporate a standard declaration within the information about each consultation to flag up the public’s right to request to speak at the meeting of the Scrutiny Committee when the matter that is being consulted upon is being discussed. The aim would be to provide pointers elsewhere about the right to speak at Scrutiny Committees and the business to be discussed so that the public are not dependent on the publication of agendas and papers for this information.

Whilst the majority of the Committee was supportive of the Protocol as presented accepting that it sought to formalise and provide clarity on public speaking arrangements at the Council’s Scrutiny Committees, Councillors Aled Morris Jones, Lewis Davies and Bryan Owen were concerned that the Protocol imposed too great a constraint on members of the public in terms of the time given to them both to make a request and submit information, and to address the meeting and could therefore add to the pressure on individuals who may be nervous about speaking publicly or feel emotional about the matter on which they wished to speak. The three Members felt that the current informal arrangements under the direction of the Chair had served the Corporate Scrutiny Committee well hitherto.

Having discussed the matter and following a vote thereon, the Corporate Scrutiny Committee resolved to agree to the Public Speaking Protocol at Scrutiny as presented and to recommend it to the Executive. (Councillors Aled Morris Jones, Lewis Davies and Bryan Owen voted against)