Agenda and minutes

Ms Carol Edwards and Ms Llinos James apologised for their inability to attend the meeting.

None.

The Monitoring Officer has determined that Category 8 of the Access to Information Procedure Rules applies to the following report (appendix 3 and 4 of item 4).  Her view on the public interest test (having taken account of the provisions of Rule 11.8 of the Council’s Access to Information Rules) was that to make this information public would disclose information relating to a particular individual and would allow information to enter the public domain before the individual has had an opportunity to make representations in respect of it.  These factors in her view outweigh the public interest in disclosing the information at this stage.

Members are asked to consider these factors when determining the public interest test, which they must decide when considering whether:

•         the exempt item should remain exempt, and

•         to exclude the public from the meeting.

The Deputy Monitoring Officer has determined that Category 8 of the Access to Information (Variation) (Wales) Order 2007  applies to the following report (appendix 3 and 4 of item 4). Her view on the public interest test (having taken account of the provisions of Rule 11.8 of the Council’s Access to Information Rules) was that to make this information public would disclose information relating to a particular individual and would allow information to enter the public domain before the individual has had an opportunity to make representations in respect of it. These factors in her view outweigh the public interest in disclosing the information at this stage.

Members were requested to consider these factors when determining the public interest test, which they must decide when considering whether:

•       the exempt item should remain exempt, and

•       to exclude the public and press from the meeting.

The Committee AGREED that:

i.      the public interest test in maintaining the exemption was satisfied.

ii.     items appendix 3 and 4 of item 4 should remain exempt.

iii.    to exclude the public and the press from the Committee during such consideration, in accordance with Part 4 of Schedule 12A of the Local Government Act 1972 as amended by the Access to Information (Variation) (Wales) Order 2007.

Appendix 3 and 4 relating to the item above is not for publication as it contains exempt information as defined in paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007. If, following the application of the Public Interest Test, the Council resolves to consider this item in private, the public and press will be excluded from the meeting during such consideration, in accordance with Section 100B(2) of the Act.  Members will be requested, when dealing with the items, to consider whether to exclude the public and press from the Meeting.

Appendix 3 and 4 relating to the item above was not for publication as it contains exempt information as defined in paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007.

The Committee AGREED:

(i)    that the procedures to be adopted by the Ethics and Standards Committee in carrying out its functions and making its determination be those incorporated in Part 5 Doc. S of Ceredigion County Council’s Constitution, attached to the Report (Appendix 1).

(ii)   to consider the report of the Ombudsman’s report dated 12 January 2024 (Appendix 3), in respect of Councillor, and

(iii) to make its initial determination in accordance with Regulation 7 of the Local Government Investigations (Functions of Monitoring Officers & Standards Committees (Wales) Regulations 2001.

Reason for decision:

To comply with the requirements under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001.

The Committee retired to deliberate in private.

The Deputy Monitoring Officer was in attendance to advise the Committee.

Following deliberations by the Committee, the Committee, public, press and Officers returned to public session.

The Chair confirmed that the Committee had RESOLVED as follows:

Item 4:

1)    on considering the Ombudsman’s Investigation Report dated 12^th January 2024 (Appendix 3) that there is evidence which might amount to a failure to comply with the Code of Conduct to give the Councillor the opportunity to make representations, either orally or in writing at a future meeting in respect of the findings of the investigation and any allegation that he or she has failed, or may have failed, to comply with the Code of Conduct in accordance with the procedures adopted above.

Reason for decision:

To comply with its obligations pursuant to Regulation 7 (b) of the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001.

2)    to grant the Deputy Monitoring Officer delegated power, in consultation with the Chair, to confirm the date of a final hearing, having regard to the responses from the Councillor (and Investigating Officer if necessary) upon availability.

Reason for decision:

To comply with its obligations under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations.

Miss C Davies (Chair)

Ceredigion County Council Ethics & Standards Committee