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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

Pembroke Dock care home operated without planning permission

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AN APPLICATION to change the use of a Pembroke Dock house to a care home, which has been operating without planning permission for some 15 years, has been submitted to county planners.

Care home specialist Orbis Ltd is seeking a retrospective change of use for the Stockwell Road property to a residential care home for up to five adults, plus staff, the change of use having started in September 2009.

A supporting statement accompanying the application, by agent C2J Architects & Town Planners, says: “The applicant, Orbis Ltd is a sector-leading provider of specialist services for children and adults with complex needs associated with autism.

“Their integrated model of learning and living, combined with a holistic therapeutic approach, ensures that they can offer unique homes for life with continuous community-based learning for adults.

“The applicant’s primary aim is to provide a safe environment that encourages individuality, self-confidence, self-esteem and lifelong learning.  It is a person-centred approach, encouraging adults to learn and develop skills that will enable them to play an active role in their community, supporting them to make their own informed decisions. The applicants work closely with families and carers to support individuals to develop and maintain relationships.”

It goes on to say: “Up to five adults would remain at the property as their principal residence. Adults who are in the guardianship of Orbis have been taken into care for a variety of reasons, including fears for their physical wellbeing, learning disabilities or because of emotional or behavioural difficulties.”

It adds: “The existing dwelling has been in use as a care home and registered with Care Inspectorate Wales for over 15 years, despite not formally having planning permission. It is key to note that given the use (C2) has been in operation for a continuous period in excess of 10 years, in accordance with Section 171B (3) of the Planning and Compensation Act 1991, the current use is immune from any enforcement action.”

The application will be considered by county planners at a later date.

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Business

Nine holiday chalets to be built at Pembrokeshire fishery

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AMENDMENTS to a trout fishery holiday chalet scheme, which was granted by Pembrokeshire councillors last year after being repeatedly recommended for refusal, have been given the go-ahead by county planners.

Last summer, Pembrokeshire councillors backed plans for holiday chalets at a trout fishery, despite them being recommended for refusal on multiple occasions.

Plans to provide nine accommodation cabins and ancillary works at a former fishery business at Millbrook, Manorwen, Fishguard, were backed at two meetings of Pembrokeshire County Council planning committee, despite them being recommended for refusal.

The application was backed for a second time at the committee’s May meeting, after a ‘minded to approve’ decision at the previous meeting.

The decision, a departure from the adopted Local Development Plan, meant the application would need to be referred to full council for a final decision.

Officers had repeatedly recommended Messrs L & C Williams’ application – diversification of an existing agricultural holding and trout fishery business – be refused on the grounds it would have an unacceptable adverse impact on the character and appearance of the countryside.

The application was then backed at the July 2023 meeting of Pembrokeshire County Council, despite a recommendation that the council did not endorse the resolution of the planning committee on the grounds it went against Development Plan policies which directed that planning permission should not be granted.

The applicants have now submitted amendments to the granted scheme, asking for revisions to the plans to include a lower carbon footprint through for both heating and hot water and the use of solar panels, along with larger decking areas and hot tubs to lodges.

The changes, recommended for approval at the October 8 meeting of Pembrokeshire County Council’s planning committee, also includes making thee lodges disability-friendly.

An officer report ahead of the meeting says: “The proposed amendments are essentially refinements to the approved scheme, enhancing accessibility, increasing the use of renewable energy; and improving the facilities offered by the scheme for visitors. Officers consider that environmental, social and economic benefits will accrue from the proposed revisions to the approved scheme.”

The recommendation for conditional approval was moved by Cllr Brian Hall, who said: “I’m more than happy to recommend this amendment.”

He was seconded by Cllr John Cole, who said: “It’s a rejigging which will make the site more accessible for people with disabilities.”

The application was unanimously approved.

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Community

Willhome Farm Barn attraction could be approved in December

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A PEMBROKESHIRE farm barn attraction previously refused by planning officers, which has gained a 3,500-strong petition of support to keep it running, will be decided later this year.

Late last year, Stuart Williams of Home Farm, Leweston, near Camrose, was refused retrospective permission by planning officers to retain the Willhome Farm Barn farm park – and ancillary buildings – built in June 2022.

The site – whose facilities were used by council educational providers and parents of children with learning difficulties – is home to rabbits, llamas, donkeys, poultry, owls, goats, ponies and pigs, along with a café building, public conveniences, a children’s play area, and parking.

It was refused due to highway safety concerns and fears it would generate additional foul water flows which are likely to result in an increase in phosphate levels in the Cleddau River.

Since the refusal by planners, a change.org petition, Grant Planning Permission for Willhome Farm Barn in Pembrokeshire, was set up by Hook-based Jessica Austin, which has attracted more than 3,500 signatures to date.

Jessica’s petition said: “This decision not only affects this resilient family but also impacts schools attended with over 6,000 pupils, by adults from local wellbeing centres and families with children who have autism or learning difficulties like mine.

“It’s important to note that there are no apparent issues with existing amenities. Roads or waterways. The refusal of planning permission seems unjustified and is causing unnecessary distress within our community.”

Earlier this year, the applicant submitted a fresh call – supported by local community council Camrose – for permission to be granted, which was again due to be decided by planning officers.

At the request of local county councillor, and former council leader, Cllr Jamie Adams, a special meeting was held in July to discuss whether a decision could be made by councillors rather than officers.

Despite a recommendation it be decided by officers, members unanimously agreed to remove delegated powers for approval or refusal, meaning the application would be heard at a future planning committee.

The application was due to be heard at the October 8 meeting of Pembrokeshire County Council’s planning committee, with a recommendation of refusal, reasons including those given for the previous application.

A report for members concluded: “The proposal would have a negative environmental impact through additional traffic movements.  In addition, insufficient information has been submitted to demonstrate management and reduction of traffic to support sustainable travel or to ensure that the public highway remains free and clear from obstruction.”

It added: “The proposed development generates additional foul water flows which are likely to result in an increase in Phosphate levels in the Afon Cleddau, adversely affecting the Cleddau Rivers SAC.”

At the start of the October meeting, members heard the scheme had been temporarily withdrawn to allow the applicant’s agent more time to address highways and foul water drainage concerns, with the plans expected to return to the December planning committee.

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