Public Consultation: Assembly Measure to Establish a Statutory Role of Commissioner for Standards - Invitation to Respond

The National Assembly for Wales’ Committee on Standards of Conduct intends to propose an Assembly Measure to establish the office of a statutory Commissioner for Standards. I am writing, on behalf of the Committee, to invite you to submit evidence to them.

Background

The purpose of the Committee’s work is to ensure that proper standards of conduct are upheld by Members of the Assembly. The Standards Commissioner is currently a non-statutory role. As part of the process of developing a proposed Measure, the Committee has decided to undertake a consultation exercise on some of the fundamental questions about the role and independence of the Commissioner for Standards. The purpose of the consultation is to inform the Committee’s consideration of the general principles, and the drafting of the Measure.

The Committee has agreed the scope of its work with the following questions:

1. Is there a need for an Assembly Measure to establish a statutory role of Commissioner for Standards?

2. What should be the role of the Commissioner for Standards?

3. What fundamental principles should underpin the establishment of the Office?

In addition to the framework questions detailed above, the Committee has identified a number of more detailed questions that you may wish to answer. These are attached at annex 1 to this letter.

If you wish to contribute to the committee’s work, submissions should be sent, preferably electronically by email or on disc, or otherwise in hard copy to:

Lara Date
Committee Service
National Assembly for Wales, Cardiff Bay, CF99 1NA.

Email: Standards@wales.gsi.gov.uk. (Please entitle the email Consultation Standards of Conduct Committee.)

The Committee welcomes contributions in English and Welsh and will consider responses to the written consultation during July to inform the initial drafting of the proposed Measure. The committee would therefore appreciate if you could make your submission by Friday 4 July 2008. Consultation with the general public will remain open during the summer.

When putting together your submission, please keep the following in mind:

Your response should be as succinct as possible. Please reference your response using the title applied above;
The National Assembly normally makes responses to public consultation available for public scrutiny and they may also be seen and discussed at Committee meetings. If you do not want your response or name published, it is important that you clearly specify this in your submission;
Please indicate whether you are responding on behalf of an organisation, or as an individual;
Please indicate whether or not you would be prepared to give oral evidence to the Committee.

If you have any queries, please contact the Second Clerk to the Committee, Lara Date on 029 2089 1821 or the Committee Clerk Sulafa Halstead on 029 2089 8238. Further information about the Committee on Standards of Conduct can also be found on the Assembly’s website at www.assemblywales.org

Yours sincerely

Sulafa Halstead
Clerk to the Committee on Standards of Conduct

Annex 1

Consultation questions:

1. The proposed Measure relates to establishing a statutory Commissioner for Standards. Would it be better for the Assembly to tackle the issue in an alternative way?

2. The Auditor-General for Wales and the Public Service Ombudsman for Wales are "watchdog” bodies which are independent of the National Assembly for Wales and established in law. Should the status of the Commissioner for Standards be established in law in the same way?

3. The Auditor-General for Wales and the Public Service Ombudsman for Wales are currently appointed by the Monarch on the recommendation of the Assembly. How should the Commissioner for Standards be appointed?

4. The Commissioner for Standards is currently appointed for a 4 year period. The Auditor-General for Wales is appointed for 5 years and the Public Service Ombudsman for Wales for 7 years. The Scottish Standards Commissioner is appointed for 6 years and the Parliamentary Standards Commissioner of 5 years. How long should the Commissioner for Standards be appointed for?

5. The current Commissioner for Standards is paid an annual retainer and receives fees on a basis of days worked. The posts of Auditor-General for Wales and the Public Services Ombudsman for Wales are funded from the Welsh Consolidated Fund. How should the post of Commissioner for Standards be funded?

6. The Commissioner for Standards is currently supported by Assembly Parliamentary Service staff who are not appointed exclusively to support his work. Should the Standards Commissioner have dedicated staff and should he or she be able to appoint his/her own staff, or be supported by another organisation such as the office of the Public Services Ombudsman?

7. Should the Commissioner for Standards have a role in promoting a framework for high standards in public life?

8. Should the Commissioner for Standards be able to give general advice on standards of conduct?

9. Should the Commissioner for Standards advise Assembly Members on their conduct as well as investigating complaints?

10. Should the Commissioner for Standards have independent discretion to decide whether or not a complaint merits investigation or to initiate an investigation?

11. Should the Commissioner for Standards have the powers to be able to summon persons, and require papers and records to be provided

12. Should the Commissioner for Standards have the ability to make findings and conclusions public?

13. Should the Commissioner for Standards report directly to the Assembly, or to the Standards of Conduct Committee?

14. Should the Commissioner for Standards have the same role relating to Ministers as for other Assembly Members?

15. What will be the practicalities of making the system work and how should the proposed Measure make provision for these?