I emailed the council asking if, when the Monitoring Officer and the staff of the Democratic Services Department were working on the New Constitution, did they follow the guidance issued by Gov.wales.uk in February 2023.
Simon Jones, Senior Solicitor, responded, saying:
“The legislation detailed in paragraph was fully considered by the external solicitors and more recently by internal solicitors when adapting the model for MTCBC.”
He also said:
“To assist Welsh Councils in (1) updating their constitutions and (2) preparing a constitution guide, the Welsh Local Government Association* commissioned external solicitors to a draft new model constitution a document.”
*Surely he meant to say…..the WLGA commissioned external solicitors to draft a new model constitution document.
The Emails
Text version of communication
My email
The New Constitution
When the Monitoring Officer and her team from the Democratic Services Department have been working hard on creating the new Constitution, did they use the following guidance issued by Gov.wales.uk to assist them with their work.
https://www.gov.wales/statutory-and-non-statutory-guidance-democracy-within-principal-councils-governance-and- scrutiny
Please forward a copy of this email to Mel Jehu Chair of Standards Committee.
Regards
Geoff Jones
Response from Simon Jones, Senior Solicitor.
Jones, Simon (Legal) <Simon. Jones@merthyr.gov.uk>
To: Geoff Jones <geoff.jones07@gmail.com>
Thu, 13 Jun 2024 at 14:47
Dear Mr Jones
I write in response to your recent emails concerning the Council’s Constitution.
The guidance referred to in your email sets out in one guidance document what county borough (principal) councils must do to meet the requirements of the Local Government Act 2000, the Local Government (Wales) Measure 2011 and the Local Government and Elections (Wales) Act 2021.
As you are aware, an updated version of the Council’s constitution has been prepared and is to be put to Full Council for adoption in the near future.
To assist Welsh Councils in (1) updating their constitutions and (2) preparing a constitution guide, the Welsh Local Government Association* commissioned external solicitors to a draft new model constitution a document.
*Surely he meant to say…..the WLGA commissioned external solicitors to draft a new model constitution document.
The legislation detailed in paragraph was fully considered by the external solicitors and more recently by internal solicitors when adapting the model for MTCBC.
Yours sincerely
Simon Jones
My response
Fri, 14 Jun 2024
To: Simon.Jones@merthyr.gov.uk
Mr Jones,
I have done some research and have found that the models for a new Constitution and a Guide to the Constitution were issued by the external solicitors the year before the guidance that was published by Wales Gov.uk.
I have not been able to find any reports from external solicitors post February 2023.
I shall be grateful if you will confirm whether or not Merthyr Council has received any reports post February 2023.
I have also searched Council committee papers and can find no reference to any updated reports on this new guidanc
I look forward to hearing from you.
Regards
Legeslation was fully considered by external and internal solicitors?
My comments and conclusions
The All-Wales Monitoring Officers’ Group, via funding from the Welsh Local
Government Association (WLGA) commissioned Browne Jacobson Solicitors
to draft a model Constitution Guide having regard to Section 45 of the Act.
Hyperlink to a Report from Bridgend Council on its Constitution Guide and New Constitution
https://democratic.bridgend.gov.uk/mgAi.aspx?ID=13971
You will note from this report that the External Solicitor’s models for a new Constitution and a Guide to the Constitution were considered by that Council in July 2022.
So, the external solicitor’s models were created and approved by Bridgend Council before the publication in February 2023 of the Guidance from Wales.gov.uk.
I have not been able to find any other report from external auditors following the release of the newest guidance.
I can only conclude that the response from Simon Jones may be unreliable.
Some extracts from the guidance
Some really good advice, especially for the Senior Officers and Councillors at Merthyr Council.
Innovation in how agendas and paperwork are produced and presented.
Innovation and Creativity
The removal of the general requirement to provide information in hard copy by default invites the possibility for more innovation and creativity.
Better engagement with the public and other authorities.
This is not innovation for its own sake, but innovation designed to better engage the public in the work of relevant authorities.
Follow and track Council Decisions
Local people will be able to follow and track the way that discussions are had and decisions made entirely online.
Experiment with new technology to make it easier to navigate the decision-making making process.
The removal of hard copy notices will allow relevant authorities to experiment with the use of technology to make navigating the decision-making process, in particular, easier.
Make information more accessible for councillors, other committee participants, and members of the public to engage in formal business.
Relevant authorities may wish to consider how information might be made more accessible through creative use of committee content management systems to present information differently for example, by moving away from the production of “agenda report packs” as a single PDF and towards the use of more accessible files, and file formats, which help both councillors, other meeting participants and members of the public to engage in formal business.
Think about the way minutes are drafted and presented.
This may include thinking about the way that minutes are drafted and presented, providing links to the substantive reports discussed, and also with the relevant section of the recording or broadcast of the meeting.
How the Council will consider the drafting and presentation of minutes is of particular interest to me.
Blog post on The Guidance
Statutory and non-statutory guidance on democracy within principal councils: governance and scrutiny and Constitutions
Blog Post on the journey to the New Constitution
Hyperlink to Guide to Merthyr Council ‘s Constitution (Feb 23)
Click to access guide-to-constitution.pdf
Hyperlink to Constitution (Feb 23)
Click to access constitution-feb-2023.pdf
Merthyr Council Cover-up 