Written question WQ97720

The ethical framework for local government in Wales is underpinned by three key components: the Public Services Ombudsman for Wales (PSOW), local authority Standards Committees, and the Adjudication Panel for Wales (APW). Together they provide a robust system that promotes accountability, fairness, and high standards of conduct among elected and co-opted members. The APW and PSOW are independent from Welsh Government and local authorities.

Together, these bodies form an integrated framework that combines impartial investigation, local accountability, and independent adjudication.

An independent review of the ethical framework in Wales was undertaken by Richard Penn in 2021. It looked closely at the arrangements in place including the role of standards committees and the appeal procedures. The review concluded the Welsh system provides independence in the way complaints are assessed and investigated. Consultation took place in 2023 on the review’s recommendations and included additional proposals from the former APW president.

We have carefully considered the outcomes of the consultation and work is underway in light of the responses and representations received. The proposed changes are complex, and a number require further exploration. As a result, we have considered which actions can be taking forward in the short, medium and longer term including the need for legislative change.

The first stage of this work has brought changes to legislation. The Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025 were made on 19 November and introduced in the Senedd on 21 November. Subject to the legislative process, the regulations will take effect on 5 January 2026. These changes remove the lifetime ban on former members or staff serving as independent members on standards committees for their previous authority or related bodies, replacing it with waiting periods for certain former members and officials, expanding the range of individuals able to participate in the arrangements. These changes also ensure the model code of conduct reflects the Equality Act 2010, including protected characteristics and the socio-economic duty, and allow it to stay aligned with any future changes without further legislation.

Work is continuing on other stages of this work which includes suggestions about how to strengthen the arrangements, including the appeals processes. We look forward to having further discussions with the APW on the detail of the suggested changes and whether there are any additional steps which could be taken.

Guidance issued by both the APW and the PSOW to help standards committees and tribunals determine fair and proportionate outcomes emphasise the need for arrangements to respect principles of fairness, proportionality, and uphold human rights.

My officials hold regular meetings with the PSOW to identify any issues arising as a result of their experiences of working within the arrangements and areas for potential improvement. I have asked my officials to raise the specific issue you raise in respect of Article 6 of the Humans Rights Act when they next meet.

I acknowledge that standards committee hearings can be complex. One of the changes made to standards committees’ arrangements is the requirement for the Chair to be independent. The Chairs across Wales meet regularly to discuss how the arrangements are operating in practice.