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Baroness Farrington of Ribbleton moved Amendment No. 74:
- Page 35, line 42, leave out from ("the") to end of line 3 on page 36 and insert ("Secretary of State").
On Question, amendment agreed to.
Clause 56 [Investigations: further provisions]:
Baroness Farrington of Ribbleton moved Amendment No. 75:
- Page 37, line 10, leave out from second ("the") to end of line 17 and insert ("Secretary of State").
On Question, amendment agreed to.
Clause 57 [Restrictions on disclosure of information]:
Baroness Farrington of Ribbleton moved Amendments Nos. 76 to 80:
- Page 37, line 31, leave out ("the Standards Board for Wales,").
- Page 37, line 32, leave out ("of either of those Boards") and insert (", a Local Commissioner in Wales").
- Page 37, line 46, leave out ("of the Standards Board for England").
- Page 38, line 7, leave out subsection (3).
- Page 38, line 15, leave out ("or (3)").
On Question, amendments agreed to.
Baroness Farrington of Ribbleton moved Amendments Nos. 81 and 82:
- Page 39, line 2, leave out ("relevant Adjudication Panel") and insert ("Adjudication Panel for England").
- Page 39, line 5, leave out ("relevant Adjudication Panel") and insert ("Adjudication Panel for England").
On Question, amendments agreed to.
Baroness Farrington of Ribbleton moved Amendments Nos. 83 to 84:
- Page 39, line 39, leave out ("relevant Adjudication Panel") and insert ("Adjudication Panel for England").
- Page 39, line 45, leave out ("relevant Adjudication Panel") and insert ("Adjudication Panel for England").
On Question, amendments agreed to.
Clause 60 [Matters referred to monitoring officers]:
Baroness Farrington of Ribbleton moved Amendment No. 85:
- Page 41, line 7, leave out subsection (7).
On Question, amendment agreed to.
Baroness Farrington of Ribbleton moved Amendments Nos. 86 to 91:
- After Clause 60, insert the following new clause--
(".--(1) A Local Commissioner in Wales is to have the functions conferred on him by this Part and such other functions as may conferred on him by order made by the National Assembly for Wales under this subsection.
(2) The Commission for Local Administration in Wales--
(a) may issue guidance to relevant authorities in Wales on matters relating to the conduct of members and co-opted members of such authorities, and
(b) may arrange for any such guidance to be made public.
(3) The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of Part III of the Local Government Act 1974 specified in the regulations, treats--
(a) functions of a Local Commissioner in Wales under Part III of that Act as including his functions under this Part,
(b) functions of the Commission for Local Administration in Wales under Part III of that Act as including functions of the Commission under this Part, or
(c) expenses of the Commission for Local Administration in Wales under Part III of that Act as including expenses of the Commission, or a Local Commissioner in Wales, under this Part.
(4) The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of Part III of that Act.
(5) In this Part "Local Commissioner in Wales" means a Local Commissioner (within the meaning of Part III of that Act) who is a member of the Commission for Local Administration in Wales.").
After Clause 60, insert the following new clause--
(".--(1) A Local Commissioner in Wales may investigate--
(a) cases in which a written allegation is made to him by any person that a member or co-opted member of a relevant authority in Wales has failed, or may have failed, to comply with the authority's code of conduct, and
(b) other cases in which he considers that a member or co-opted member of a relevant authority in Wales has failed, or may have failed, to comply with the authority's code of conduct and which have come to his attention as a result of an investigation under paragraph (a).
(2) The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (3) is appropriate.
(3) Those findings are--
(a) that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,
(b) that no action needs to be taken in respect of the matters which are the subject of the investigation,
(c) that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or
(d) that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 62(1).").
After Clause 60, insert the following new clause--
(".--(1) The National Assembly for Wales may by order make provision with respect to investigations under section (Investigations by Local Commissioner for Wales) (including provision with respect to the obtaining or disclosure of documents or information).
(2) The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications)--
(a) any provisions of sections 54 to 57, or
(b) any provisions of sections 28, 29, 32 or 33 of the Local Government Act 1974.
(3) A Local Commissioner in Wales may cease an investigation under section (Investigations by Local Commissioner in Wales) at any stage before its completion.
(4) Where a Local Commissioner in Wales ceases an investigation under section (Investigations by Local Commissioner in Wales) before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.").
After Clause 60, insert the following new clause--
(".--(1) Where a Local Commissioner in Wales determines in relation to any case that a finding under section (Investigations by Local Commissioner in Wales)(3)(a) or (b) is appropriate--
(a) he may produce a report on the outcome of his investigation,
(b) he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,
(c) he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and
(d) where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation.
(2) Where a Local Commissioner in Wales determines in relation to any case that a finding under section (Investigations by Local Commissioner in Wales)(3)(c) is appropriate he must--
(a) produce a report on the outcome of his investigation,
(b) refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and
(c) send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.
(3) Where a Local Commissioner in Wales determines in relation to any case that a finding under section (Investigations by Local Commissioner in Wales)(3)(d) is appropriate he must--
(a) produce a report on the outcome of his investigation,
(b) refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 62(1), and
(c) send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales.
(4) A report under this section may cover more than one investigation under section (Investigations by Local Commissioner in Wales) in relation to any members or co-opted members of the same relevant authority.
(5) A Local Commissioner in Wales must--
(a) inform any person who is the subject of an investigation under section (Investigations by Local Commissioner in Wales), and
(b) take reasonable steps to inform any person who made any allegation which gave rise to the investigation,
of the outcome of the investigation.").
After Clause 60, insert the following new clause--
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