The Policy Review and Performance Scrutiny Committee met on Wednesday 13 March 2024 to discuss the Council's future governance arrangements for its role as a corporate trustee and to scrutinise the draft Strategic Equality Plan 2024-28. The committee agreed to write to the relevant Cabinet Members to convey their observations and recommendations on both matters.

Council as the Corporate Trustee - Governance Arrangements

The committee undertook pre-decision scrutiny of a report to Cabinet concerning the future governance arrangements for the Council's role as a corporate trustee. This follows previous scrutiny of the Council's approach to resolving conflicts of interest, particularly in relation to the Maindy Park Trust. Members were informed that a review of all trusts where the Council acts as trustee is underway, with a report to Cabinet scheduled.

During the discussion, officers provided an update on the development of a database of all land held in trust by the Council, acknowledging that it is still incomplete. Concerns were raised about the infrequent meetings of the proposed Trusts Cabinet Committee, especially for smaller projects. The committee noted that five Cabinet Members would be appointed to this committee, with membership reviewed to avoid conflicts of interest. Officers assured members that if a significant conflict arose, similar to the Maindy Park Trust issue, it would be referred back to the Charity Commission.

Members sought assurance that the proposals for trust governance would be subject to close scrutiny by the Charities Commission and legal counsel. They observed that while the proposals referenced the Maindy Park Trust case, they did not explicitly detail the establishment of a Trusts Cabinet Committee and a Trusts Advisory Committee. The committee also noted that a Cabinet-led solution might exclude backbench members with charity experience from trustee roles, although engagement would still be possible through scrutiny of the Trusts Cabinet Committee's decisions.

Clarification was sought on the decision-making process, with the intention being that in-principle decisions on serious conflicts would be presented to the Cabinet first, with prior legal advice. Decisions would be made by Cabinet Members not sitting on the Trust Cabinet Committee. The activation of the Trusts Cabinet Committee would be triggered by a serious conflict identified by the Cabinet. The committee discussed the potential appointment of external independent members to the Cabinet Trusts Committee, with officers favouring an internal solution. Members expressed concern about potential inadequacies in the proposed arrangements, particularly in cases of serious conflicts of interest, and sought assurance that point 30 of the Cabinet report, addressing conflicts on a case-by-case basis, would be effectively implemented. The importance of specialist legal advice was highlighted, referencing a case where incorrect advice from the Monitoring Officer led to an unlawful decision. The committee also sought assurance that the review of trusts would consider past land disposals, with officers confirming no current concerns regarding previous disposals.

The committee agreed that the Chairperson, on behalf of the committee, would write to the Cabinet Member to convey their observations and recommendations regarding the way forward for Council-held trusts.

Strategic Equality Plan 2024-28

The committee engaged in policy development scrutiny of the draft Equality, Diversity and Inclusion Strategy 2024-28. Members acknowledged the detailed work undertaken but suggested streamlining the document to make it more focused and impactful, recommending the retention of essential information and a clearer emphasis on what distinguishes this strategy. They also proposed signposting or appending references to the Corporate Plan to create a more sharply equality-focused main document.

A key recommendation was the explicit recognition and embedding of intersectionality¹ as a fundamental principle from the outset, ensuring the strategy captures the full spectrum of equality issues. The committee highlighted significant disparities in life expectancy across Cardiff and identified contributing factors such as the impact of changes to the benefits system. While commending the Council's efforts to address child poverty, concerns were raised about night-time safety in the city centre, noting a perceived lack of diverse entertainment options primarily catering to a younger demographic. Members emphasised the importance of focusing efforts where the Council can influence the feeling of safety at night-time.

The committee suggested greater emphasis on measuring feelings of safety, particularly among women, within the strategy. They acknowledged ongoing work on a domestic violence strategy and action plan and requested to see this plan when available. While commending the progress in integrating Equality Impact Assessments (EIAs)² into policy making, the committee highlighted statistical evidence of economic inactivity among ethnic minorities and expressed interest in how qualitative data could complement quantitative data in policy development. The commitment to zero tolerance of bullying, hate crime, and racism in schools was appreciated, with an emphasis on embedding equalities in education.

The crucial role of travel and transport in accessing opportunities was discussed, with noted disparities in public transport connectivity and car access in certain areas. The committee requested that this aspect be included in the Strategy, and officers agreed to consider their concerns and incorporate references to accessing sustainable transport.

The committee agreed that the Chairperson, on behalf of the committee, would write to the Cabinet Member for Public Health and Equality to convey their observations and recommendations regarding the draft Strategic Equality Plan.