SCRUTINY of gagging orders between Powys County Council and departing staff is to be handed to its audit committee after £400,000 was spent in the last two years.

A motion put forward in the authority's full council meeting on Thursday raised the prospect of the orders, known as non-disclosure agreements over £5,000, being approved by a cabinet member, and for quarterly updates to be given to the council's democratic services committee.

However, the council's audit committee will now handle the agreements amid concerns over confidentiality.

More than £400,000 was spent on the agreements in the last two years, and between 2005 and 2019 the authority shelled out £4 million.

Elwyn Vaughan, who raised the motion, also said that one departing officer was on a full salary for five years.

He said: “Here in PCC we see a pile of confidential agreements being signed, creating a fog of vagueness, indeed, between 2005 and 2019, 150 such agreements had been made, paying out £4 million – from Powys’ meagre wealth.

“This is amongst the highest sums paid out by Welsh councils and many of us are aware of individual unsatisfactory cases, such as an officer on full salary for five years and yet, we could not discuss or investigate this.

“Where is the transparency and the accountability?”

He added: “Of course, there are occasions when confidential agreements are required, but this should be the exception and not the norm.

“The difficulty with them is that they are far too easy to set up and they don’t deal with the root cause.”

Conservative councillor Amanda Jenner said she had submitted an amendment to the motion put forward by Mr Vaughan because of the problems of confidentiality if the agreements were brought before the council.

“My reason is concern for confidentiality issues if there were sight of actual agreements," she said.

“In my previous life (as a solicitor) I have seen them abused. That being said I do support the crux of the motion.”

After a discussion it was agreed that the audit committee would be the correct forum to look at the agreements.

They have included three made in the year to last month, worth £71,170.98, and seven in the 12 months to February 2019 months worth £336,037.

A separate question about the cost of gagging orders came from Cllr Gwilym Williams (Conservative – Disserth and Trecoed), chairman of the health and care scrutiny committee.

He said: “Giving total numbers, how many non-disclosure agreements have Powys Council done in the last two years, including financial cost.

“Could each year be listed separately?”

He is answered by portfolio holder for Corporate Governance and Engagement, Cllr Graham Breeze, (Independent – Welshpool Llanerchyddol), who said: “These agreements, called settlement agreements are standard and the employee must obtain legal advice before concluding the agreement.

“They are also approved by the head of service, head of workforce and legal services before entered into.

“They are not called non-disclosure settlements but they do include a confidentiality clause which places a mutual obligation on employer and employee about the agreement and its terms remaining confidential to the parties involved.

“ACAS and Unions approve the use of these agreements, which are standard in England and Wales, both in public and private practice.”