Another response from Simon Jones
You are correct the model was drafted before the guidance.
That said the guidance sets out what county borough 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, all of which were enacted before the drafting of the model constitution and consequently the requirements prescribed in this legislation was incorporated into the model.
My response
This is statutory guidance issued in June 2023 under section 38 of the Local Government Act 2000, as amended by section 45 of the Local Government and Elections (Wales) Act 2021.
I can not see how you can say that the requirements prescribed in this legislation, issued in June 2023, were incorporated into the model drafted in January 2023.
I shall be grateful if you will confirm that the June 2013 guidance document has been considered by an appropriate Committee of the Council and that the New Constitution to be presented to the Full Council will acknowledge this.
For example, I would expect to see that the guidance issued on the following has been taken into account:
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 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.
Status of this Guidance
This is statutory guidance issued under section 38 of the Local Government Act 2000, as amended by section 45 of the Local Government and Elections (Wales) Act 2021.
A local authority (a county or county borough council in Wales), elected mayor, or an executive leader must have regard to it.
This guidance replaces previous guidance relating to constitutions issued under this section in 2006
Hyperlink to Gov.Wales website
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 […]
The New Constitution – A response from Simon Jones, Senior Solicitor, Merthyr Council Part 1
Merthyr Council Cover-up 