Social Partnership Council (SPC) Members’ Attendance and Conduct Policy

The First Minister appoints each member of the Social Partnership Council (SPC). In doing so, he seeks nominations from the different nominating bodies of each of the social partners sitting on the Council. 

Before appointing employer representatives, the First Minister must seek nominations from persons or bodies who he considers represent the views of the categories of employer referred to in section 3 of the Social Partnership and Public Procurement (Wales) Act (Act). These categories are employers representing devolved public bodies, private sector, voluntary sector, higher education, and further education. 

For worker representatives, the First Minister must only appoint worker representatives that have been nominated by the TUC Cymru. TUC Cymru is designated as the nominating body for trade union membership in the Act.

Whilst respecting the sovereignty and decision-making structure of each partner in determining nominations, if the conduct of members falls short of the standards of the SPC, then the First Minister reserves the right to explore, with the relevant nominating body, whether that person should remain as a member of the Council. 

If, following the discussions with the nominating body, the First Minister is of the view that the appointment is no longer appropriate, he would terminate it by notifying the member in writing, in accordance with the Act.  However, this step would not be taken before notice has been given to the nominating body. Equally if a member feels unable to continue in the role, they can resign by writing to the First Minister.

More detail on what is expected from members of the SPC is provided below.

The success of the SPC depends on the commitment of its members. Participation at meetings of the Council are an essential part of members’ roles and responsibilities, as such, there is an expectation that they will make every effort to attend all meetings of the SPC unless there are exceptional circumstances for not doing so. Where this is not possible then they should inform the SPC Secretariat immediately. 

It is important to remember that the SPC has rules of quoracy (Part 1 of the Procedures) that need to be maintained and failure to attend meetings of the Council without reason will be deemed unacceptable. Whilst observers are allowed at the SPC at the Chair’s discretion, they are not able to deputise for full members of the Council and do not count towards a meeting being quorate.

It is recognised that there will be legitimate reasons for why it will not be possible for a member to attend the SPC such as personal emergency, sickness, pre-arranged holidays, change of role, or legal responsibilities e.g., jury duty. These will be considered "approved" absences but in all cases, members are expected to inform the SPC Secretariat as soon as possible if they are unable to attend a meeting or continue as a member of the Council. 

On occasion there may be a need to call a meeting of the SPC at short notice; where this is the case members must still make every effort to prioritise attendance, but it is appreciated that in these circumstances members may not always be able to attend.

Record of attendance at meetings will be taken by the Secretariat; frequent non -attendance could result in procedures being instigated by the First Minister to seek removal of that member from the SPC.  If a member of the Council fails to attend two meetings within a calendar year, then the First Minister, as a first step, may discuss whether they can fulfil their responsibilities with the nominating body. Where a nominating body has concerns, they can contact the secretariat and initiate a discussion with the FM about their members viability to remain. 

Members are expected to comply with the conditions of confidentiality built into the Procedures for the SPC. It is important for the effective operation of the Council that there is a trusted space in which members can express their views freely and where confidential information can be provided without fear of being shared outside of the meeting. Whilst Members must treat confidentially marked SPC discussions and paperwork in the strictest confidence this also applies to all observers. Failure to maintain this confidence so that confidential or sensitive information makes its way into the public domain will result in the First Minister speaking with the nominating body about the situation and determining whether any further action is required. 

Members will be asked to declare and keep up to date any conflicts of interest which will be recorded within a register held by the SPC Secretariat. Failure to disclose any conflicts of interest may result in the First Minister exploring the viability of that person remaining a member of the SPC with the relevant nominating body.

Any other significant breach of the terms and conditions of SPC membership could lead to the First Minister considering with the nominating body whether further action is required.