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Politics

Blueprint for ban on lying politicians published

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A THINK TANK has set out proposals to ban lying politicians, with the aim of rebuilding public trust and making Wales one of the world’s most advanced democracies.

The Institute for Constitutional and Democratic Research (ICDR) recommended penalising Senedd politicians who deliberately mislead the public.

In a paper, entitled ‘A Model for Political Honesty’, the ICDR proposed a system similar to existing regulatory structures used for antisocial behaviour and planning enforcement.

Under the ICDR’s model, Senedd members or candidates found guilty of deliberate deception by an independent judicial process would be disqualified from office.

In July, the Welsh Government struck an 11th-hour deal with campaigners by committing to introduce a law on lying politicians before the 2026 Senedd election.

The proposed ban aims to restore public trust in politics, which is at its lowest since records began with only 9% trusting politicians to tell the truth.

More than two thirds of people support a law criminalising political lying, according to a poll,  with voters believing systems of ensuring honesty have failed.

Sam Fowles, the ICDR’s director and an expert in constitutional law, similarly argued current systems, such as the Senedd’s standards commissioner model, have proved inadequate.

He said: “The Senedd rules already require politicians to tell the truth as do the internal rules governing the Westminster and Scottish parliaments and the Northern Ireland Assembly.

“The problem is that these rules are not properly enforceable.”

The paper described the current standards model as a “recipe for arbitrariness”, with the system depending on the view of one person who is “effectively unaccountable”.

The ICDR warned the current system, which sees the standards commissioner’s decision confirmed by the Senedd, ultimately hinges on politicians “marking their own homework”.

As part of a three-month project to propose an alternative approach, the non-partisan think tank convened a working group made up of political, legal and academic experts 

The group concluded the regime must: break with failed models; be independent; offer swift resolution; and differentiate false and accurate statements, protecting freedom of speech.

Under the model, a court would issue a notice requiring a public correction if a Senedd member or candidate was found to have made a false or misleading statement of fact.

If the politician refused to comply in seven days without reasonable excuse, the court would impose an order disqualifying the politician from holding office until at least the next election.

Any voter would be able to apply for a correction order, with the court able to dismiss trivial claims early and an offence of making vexatious applications acting as a deterrent.

The experts favoured a criminal law model, to send a strong signal to voters that deliberate deception is taken seriously, but found a civil law model could also be effective.

Dr Fowles, who was part of the successful Supreme Court challenge against the unlawful decision to ‘prorogue’ the UK Parliament in 2019, said: “The crisis of trust in politics has occurred because there is currently no genuine incentive for politicians to tell the truth.

“The Institute for Constitutional and Democratic Research model will reverse that by requiring politicians to correct the record when they mislead us.

“It will mean that we, as voters, are better informed and can properly hold power to account and thereby make Wales one of the most advanced democracies in the world.”

Plaid Cymru’s Adam Price proposed making deliberate deception a criminal offence in an amendment to the now-Elections and Elected Bodies (Wales) Act 2024.

The plan received cross-party support in the Senedd, notably including Labour’s Lee Waters, but it was pulled at the last moment due to the deal with the Welsh Government.

Mick Antoniw, then-counsel general, committed to bringing forward a law on disqualification for deliberate deception as he invited the Senedd’s standards committee to develop details.

As part of an inquiry on accountability, the committee is also currently considering a recall system to allow voters to remove misbehaving members between Senedd elections.

Politicians on the committee discussed deliberate deception and four complaints about their colleagues’ conduct on Monday, but the public and press were barred from the meeting.

In its proposal to the standards committee, the ICDR warned that rowing back on the Welsh Government commitment would be seen as a betrayal, further damaging public trust.

Politics

Senedd ‘sidelined’ by Westminster water bill

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The Senedd signed off on proposed UK legislation to regulate the water industry despite concerns about the Welsh Parliament being “sidelined” by Westminster

Senedd members voted to consent to the UK water (special measures) bill, which aims to address governance issues and poor performance from water companies on pollution.

But Llŷr Gruffydd, who chairs the climate change committee, said the Senedd was “at the mercy” of the UK Government, with time for scrutiny curtailed.

Mr Gruffydd warned of a “huge” increase in Westminster legislation in devolved areas, saying: “I know ministers in the Welsh Government believe it is appropriate in many cases.

“It might be possible to defend their position if the system worked but it does not, which, in my opinion, undermines the position of the government.”

‘Sidelined’

The Plaid Cymru politician said Huw Irranca-Davies, the deputy first minister, is well aware of the shortcomings of a legislative consent process he is now using so enthusiastically.

He pointed out that Welsh Water operates a different ownership model to water companies in England, saying governance proposals must suit Wales’ circumstances.

Mr Gruffydd, who represents North Wales, said the funds generated by fines levied on companies should stay in Wales to improve services and infrastructure.

Labour’s Mike Hedges, chair of the legislation committee, warned the Senedd was being “sidelined” and the legislative consent motion was “at odds” with ministers’ aims.

He said the Welsh Government’s 2015 water strategy stated the objective was to align regulatory boundaries for water and sewage with the Wales-England border.

‘Piggybacking’

Mr Hedges told the Senedd: “Elected Members of the Senedd are being prevented from having a full say on legislation affecting rivers through their constituencies.

“While MPs in England will be able to table amendments to the bill on matters that affect Welsh rivers, Members of the Senedd are being denied that opportunity.

“Overall, the evidence provided by the Welsh Government to support this approach to using a UK Government bill to legislate for Wales has not been persuasive.”

Mr Hedges, who represents Swansea East, warned the case for piggybacking on a UK bill was weak, with decisions taken too quickly and potentially not fully thought through.

He described the process as an unsatisfactory and regrettable way of making law for Wales.

‘Chaotic’

Janet Finch-Saunders said the Conservatives would support the motion, with more accountability required in light of the “chaotic” response to the Conwy water crisis.

The Aberconwy Senedd member welcomed powers in the bill to restrict bonuses paid to executives where water companies fail to meet required standards.

Plaid Cymru’s Delyth Jewell agreed the bill could strengthen efforts to reduce water pollution, particularly by enhancing the powers of regulators such as Ofwat.

Her party colleague Adam Price derided an insistence that water is inherently a cross-border issue, pointing out that many rivers and tributaries cross European borders.

Mr Price urged Welsh ministers to grasp powers – set out in the St David’s Day agreement on devolution which led to the 2017 Wales Act – to give the Senedd full control over water.

‘Lasting change’

Mr Irranca-Davies, who is climate change secretary, stressed that what happens upstream in England affects what happens downstream in Wales, and vice versa.

He said: “That means in order to make real and lasting change we must work together,” pointing out that Ofwat and the Drinking Water Inspectorate cover Wales and England.

He explained the bill will strengthen the regulator’s powers to address water pollution, limit bonuses and allow Natural Resources Wales to recover costs from water companies.

The deputy first minister added: “It is absolutely right to ensure that implementation is done in the best way for Wales, some of the measures … are likely to proceed differently.”

The Senedd voted 37-0 in favour of the legislative consent motion, with 10 Plaid Cymru members abstaining, following the debate on January 21.

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News

Calls for ban on lying in Senedd by end of the year

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A LOCAL politician has called on the Welsh Government to ban politicians from lying in the Senedd.

Speaking in the Senedd on Tuesday, Mid and West Wales MS  Jane Dodds MS called on the First Minister Eluned Morgan to confirm that legislation on political deception will be passed this year.

Last summer, Jane Dodds MS voted in favour of a motion which would make it an offence for a Senedd member, or a candidate for election to the Senedd, to wilfully or with intent to mislead make or publish a statement that is known to be false or deceptive.

The Welsh Government has previously committed towards making lying in Welsh politics an offence.

According to data from the Veracity Index, in 2024 only 9% of the public trusted politicians to tell the truth-the lowest score in forty years.

The Welsh Liberal Democrats have backed plans to ban lying in the Senedd, as part of their pledge to clean up Welsh politics.

Commenting on the need to restore trust back into Welsh politics, Mid and West Wales MS Jane Dodds said that “we need to counter the rise of misinformation and its damaging consequences.”

We need to look no further than the event of last summer, where misinformation spread by elected officials led to riots that left lasting damages on countless communities.  

Mistruths and lying can and have had a devastating impact on the lives of millions of people, which is why we must act now.

We can no longer tolerate the hijacking of our political system by mistruths and deception, We have return power back to voters.

The stakes have never been higher and the Welsh Government cannot afford to sit by and watch as public trust in our democratic institutions continues to erode away. “

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News

Ex-FM declares interest amid calls for crackdown on political donations

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VAUGHAN GETHING declared an interest as the Senedd’s petitions committee discussed calls for a crackdown on donations to politicians.

The former first minister made the declaration as the committee considered a petition calling for stricter rules to limit gifts, donations and payments received by Senedd members

Mr Gething, who broke no rules, stood down in August amid controversy around a £200,000 donation to his Welsh Labour leadership campaign from a convicted polluter.

During the declaration of interest section of Monday’s meeting, he said: “I don’t think I have a declaration of interest but the petitioner, I think, is talking about me in part of it.”

In her 343-name petition, Lyn Eynon wrote: “There has been wide public concern over large donations given to a prominent Member of the Senedd. Lessons must be learnt from this.

“Wales must preserve and enhance its reputation for transparency and integrity.

“All MSs have a duty to ensure that no conflict arises, or appears to arise, between their public duties and their private interests.”

Senedd members agreed to keep the petition open while the standards committee concludes its inquiry into the registration and declaration of interests.

Mr Gething wrote to the standards committee in May, acknowledging concerns and calling for a review of the rules on donations made to Senedd members.

The standards committee – which is now chaired by Hannah Blythyn, who was sacked by Mr Gething amid claims of leaking – is expected to continue this work in the summer term.

Mr Gething also drew the committee’s attention to a petition on Covid-19 vaccine side effects, pointing out he was health minister at the start of the vaccination programme.

While the petition met the 10,000-name threshold to be considered for a Senedd debate, committee members agreed to close the petition submitted by Alison Butler.

Rhys ab Owen, an independent member of the petitions committee, pointed out that module four of the UK Covid inquiry will consider and make recommendations on vaccines.

He said: “I don’t think it’s appropriate for us to have any debate in the Senedd, bearing in mind only a quarter of those who signed the petition were based in Wales.”

Mr Gething said he will be giving written evidence to module four of the Covid inquiry but he was unsure whether he will be called to appear in person.

Committee members also closed a 443-name petition, submitted by Jasmin McNally, calling on the Welsh Government to scrap its “racist and ridiculous” anti-racist Wales plan.

Mr Gething pointed out that the plan was endorsed by all parties in the Senedd.

“The petitioner’s entitled to have a different point of view,” he said. “But we’re not going to change government policy or the view of the Senedd on this.

“I disagree in strong terms with the emotive and offensive language used by the petitioner but that’s what happens in a democracy.

“I don’t believe there is more action the committee can take. We simply have a disagreement of views and if she wants people who agree with her, the ballot box is the way to do it.”

During the meeting on January 20, Senedd members discussed a 271-signature petition, calling for meat-free Mondays in every school in Wales.

Manon Thompson, the teenage petitioner, wrote that meat-free Mondays – as adopted by Cardiff council – would reduce carbon footprints and save the lives of animals.

The committee thanked the young campaigner, agreeing to close the petition with Welsh ministers expected to hold a consultation on healthy eating in the spring.

Members also noted a letter from the European Broadcasting Union (EBU), dashing petitioners’ hopes of S4C pulling together a bid for Wales to compete in Eurovision.

Bakel Walden, from the EBU, wrote: “As the BBC continues to participate, and remains the rights holder in the United Kingdom, this means an entry from the individual nations of the UK is therefore not possible at the Eurovision Song Contest.”

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