**Cardiff Council’s ‘Undertaking’ Document Faces Scrutiny as Top Legal Officer Recommends Withdrawal**
A document outlining additional standards for Cardiff councillors—a source of debate for years—may soon be scrapped after the city council’s chief legal adviser deemed it unnecessary and potentially confusing. The so-called *Cardiff Undertaking*, first introduced in 2004 and periodically revised, has long required councillors to make a series of pledges over and above the nationally enforceable Members Code of Conduct. However, some councillors have expressed serious reservations about its scope and interpretation.
Debbie Marles, Cardiff Council’s Director of Governance and Legal Services, recently advised the local authority’s standards and ethics committee that the Cardiff Undertaking significantly overlaps with the legally binding Members Code of Conduct. Whereas the Code of Conduct is a statutory requirement applicable to all councillors in Wales, the Cardiff Undertaking is an additional, voluntary document unique to the city council.
The main issue, according to Ms Marles, is the likelihood that having two separate standards documents could create confusion rather than clarity. In a report prepared for a committee meeting in late April 2025, she said, “The commitments set out in the Cardiff Undertaking are very similar, but not identical, to the duties imposed within the Members’ Code of Conduct… this may potentially lead to confusion between the two.” She further questioned the need for maintaining two documents that effectively cover much of the same ground, suggesting such duplication serves little practical purpose.
This evaluation echoes concerns voiced by several councillors in recent years. Conservative councillor Catriona Brown-Reckless was among those who refused to sign the Cardiff Undertaking after the 2022 local government elections, highlighting particular pledges within the document as “alarming.” At a 2023 council meeting, she remarked, “My concern was additional points slipped in amongst fine-sounding principles,” adding she found the requirement for councillors to “give priority to the interests of the Council” constitutionally questionable.
From her perspective, the primary obligation of elected members should be to their constituents, not the council as an institution. This tension was further detailed in point four of the Undertaking, where councillors are asked to prioritise the interests of the council, Cardiff, and its citizens. Some councillors fear this could silence criticism or restrict public commentary about council activities.
This sense of unease has been echoed by other groups within the council, including independents such as Cllr Emma Reid-Jones and Cllr Peter Littlechild, who noted that “as elected members our priority is to our ward and the people of Cardiff.” Points on confidentiality and transparency have also come under fire, with some councillors expressing concern that the Undertaking could hinder open discussion or scrutiny of council decisions.
Amid these enduring reservations, Ms Marles clarified at the committee meeting that she knew of no other Welsh authority requiring a similar undertaking. Her intervention appears to have swayed opinion among standards and ethics members, who have now agreed to propose the withdrawal of the Cardiff Undertaking altogether.
If her recommendation is approved by full council, Cardiff will retire a document that has caused recurrent debate and, according to its legal chief, added little clarity. Supporters of the move argue that a single, unified code of conduct—enforceable and consistent with national regulations—will be more transparent for elected officials and the electorate alike.
Cllr Brown-Reckless described the ongoing use of the Cardiff Undertaking as “perverse” in light of the chief legal officer’s critical assessment, stating, “I find it really quite perverse… that [it] continues to be a major standards document applying at the council.” Her remarks combine with similar calls by colleagues for Cardiff to bring its standards in line with wider practice across Wales.
The recommendation by the standards and ethics committee will now go before the full council for a vote. Should it be accepted, debate over the Cardiff Undertaking’s relevance—and its potential for confusion—may finally be put to rest, setting a more standardised approach to councillor conduct in the capital.