Politics

Plan to ban lying politicians ‘wholly unrealistic’

Published

1 month ago

November 18, 2024

A PROPOSAL to disqualify dishonest politicians from the Senedd is wholly unrealistic and could see the courts inundated with complaints, barristers warned.

The Criminal Bar Association, which represents practising members in Wales and England, criticised calls to create an offence of deliberate deception.

Jonathan Rees, a Welsh barrister, urged real caution before making any changes made to the criminal law as he gave evidence to the Senedd’s standards committee.

He suggested the Welsh Parliament could instead expand the scope of the “tried-and-tested” offence of misconduct in a public office which is subject to important safeguards.

Mr Rees raised concerns about a model proposed by the Institute for Constitutional and Democratic Research, warning a new offence would put a huge burden on courts.

The think tank recommended disqualifying Senedd politicians and candidates from office for deliberate deception, to further the aim of restoring public trust in politics from record lows.

But Alex Greenwood, who practises regulatory and criminal law, warned the proposed model could infringe on longstanding rights under the European Convention on Human Rights.

He told the committee: “It fails to address, potentially, fundamental issues not just in terms of European human rights case law but also natural justice and common law.

“There are fundamental issues … in terms of the reversal of the burden of proof, in terms of arguably infringements with the right to silence.”

Cautioning that crucial safeguards could be sidestepped or diluted, Mr Greenwood warned of the practical consequences of creating an offence with courts already struggling to cope.

He said: “The current backlog in the crown court is in excess of 67,000 cases – it’s the worst it’s ever been – and in magistrates’ courts, I think it’s in excess of 383,000 cases.”

Mr Rees added: “In many respects, it’s wholly unrealistic. It states that a key objective … is the need for swift justice. Well, the proposal they have then set out will not come anywhere near meeting that objective.”

The King’s Counsel pointed to examples including “fake claims” on chancellor Rachel Reeves’ CV and Labour’s manifesto commitment not to raise tax on working people.

He said: “We think it is entirely foreseeable that the courts … would simply be swamped, inundated with applications by voters of all political persuasions competing.”

Labour’s Lee Waters countered: “On the practicality point, that’s an argument for not bringing any more criminal sanctions in … I don’t deny the courts are swamped but I’m not sure if that should be the first basis on which we make law.”

Mr Greenwood said: “In reality, one only has to consider the number of disgruntled individuals reading today’s papers….

“But, more fundamentally, it is an entire departure from our present system which has a reviewing body to ensure only merited matters are put before the courts.”

Mr Waters said the paper’s model should not be treated as the last word, pointing out that it is only evidence to the committee rather than a firm Welsh Government proposal.

The former minister suggested it would be perfectly possible to address the witnesses’ concerns while departing from a system of self-regulation in the Senedd.

In July, the Welsh Government committed to introducing a ban before the next election.

Mick Antoniw, then-counsel general, the government’s chief legal adviser, said: “The Welsh Government will bring forward legislation before 2026 for the disqualification of members and candidates found guilty of deception through an independent judicial process.”

During the meeting on November 18, Mr Antoniw, now a member of the standards committee, reiterated concerns about the implications for parliamentary privilege.

Under the principle, parliamentary proceedings receive protection from legal challenge and Labour has committed expanding privilege in the Senedd to match Westminster.

Mr Rees agreed about the danger of politicisation, saying: “To introduce the courts as some sort of third-party arbiter of hotly disputed statements … would undermine the independence of the courts and, moreover …, would not serve the public interest whatsoever.”

He warned of a chilling effect on political discourse and freedom of speech.

Community

Pembrokeshire town 4G phone mast plans withdrawn

Published

20 hours ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

PLANS for a replacement 20-metre-high 4G phone mast tower in north Pembrokeshire, which the local town council says would have “an unacceptable adverse impact” on the national park’s beauty have been withdrawn.

In an application before Pembrokeshire Coast National Park, Cellnex, through agent Telent, sought permission to replace an existing 10m high mast with a new 20m 4G tower with three Vodafone antennae and nine mast head amplifiers, and associated works, on land at Dwr-y-Felin Farm, Fford Bedd Morris, Newport.

The application for a 4G mobile base station for the mobile network operator(s) (MNOs) Vodafone Ltd in conjunction with Cornerstone. The application site is owned / operated by Cellnex UK, a radio site infrastructure provider.

A supporting statement accompanying the application said: “The proposed antenna height of 20m is essential to provide new 4G coverage and replacement 2G and 3G service provision to the surrounding area. 4G radio signals are more sensitive to physical obstructions than older technologies.

“This is because the higher the frequency band the greater the reduction in signal strength, increasing the likelihood of dropped calls and reduced data rates for internet browsing,” adding: “Generally, the higher the signal frequency the more it will be impacted by clutter. It is for this reason that there is the height of 20m is required.”

It went on to say it “should be noted that a radio base station within this location has already been considered acceptable and has become an established feature within the area and the proposed upgrade albeit different in design to support the latest equipment will not be of substantial or detrimental harm to the national park, conservation area or heritage assets”.

Newport Town Council had objected to the application, saying: “The proposed development (if approved in its current form) will have an unacceptable adverse impact on the qualities and special landscape and seascape character of the National Park and also on the special qualities of natural beauty and tranquillity.”

The application has now been withdrawn.

Charity

Flats for veterans to be built at VC Gallery, Pembroke Dock

Published

20 hours ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to build flats for armed forces veterans on a former Pembrokeshire school yard/playing field next to veterans’ charity the VC Gallery has been approved by county planners.

In an application before Pembrokeshire County Council, veterans’ charity The VC Gallery sought permission for eight flats in two blocks of two-storey buildings, including wheelchair accessible flats, for Armed Forces veterans on land to the east of the former St Marys Catholic School site, Britannia Road, Pembroke Dock.

The former school, which closed in 2019, is currently used as the VC Gallery, itself an expansion of veterans’ charity the VC Gallery’s home in Haverfordwest, set up by Barry John MBE.

Documentation, through agent Pembroke Design Limited included a supporting statement by Barry John MBE, which it says “explains the issues that veterans face after leaving the services, the need for dedicated housing provision, the support that VC Gallery’s staff and volunteers provide and the gaps in current provision which the proposed development will help address”.

It added: “Although the development will provide and encourage independent living for its tenants, essential physical and mental support will be provided by the staff and volunteers in the VC Gallery as required, in accordance with individual veterans’ needs. Many will need a high level of support and the close proximity of the flats to the facilities and people on hand in the adjacent VC Gallery is therefore critical to the proposal’s purpose.”

Mr John’s statement said: “We want to create a unique offer to Armed Forces veterans in Pembrokeshire by offering up not just quality accommodation in a gated and safe environment but to also have a bespoke peer mentoring service.”

He added: “Working alongside our stakeholders The Armed Forces Covenant Fund Trust and the OVA (Office of Veterans Affairs) we have secured a grant to draw up plans and to look at how the secured land at the VC Gallery Pembroke Dock can be turned into a bespoke housing solution for Armed Forces Veterans.

“We have Service level agreements with the local authority for specifically supporting tenancy in veterans which will also extend to giving vital counselling services. Our work with the health board and provision for peer mentorship also gives us great grounding for effective help on a practical level for the veterans’ village but we will need a more designated package around the housing we provide to include both mental health and also maintenance (something we don’t have at present).”

His statement finished: “We think the need is great, we have the land, we have the skills for care and the ambition to help. It would be a project above all social housing enterprises, and we want to make a go of it.”

Politics

Call to stop councillors being employed by MPs and MSs

Published

1 day ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to stop senior Pembrokeshire county councillors being employed by MPs or Senedd members is to come under greater scrutiny at a special council committee.

In a Notice of Motion submitted to the December meeting of Pembrokeshire County Council, Independent Group leader Cllr Huw Murphy said: “While it is acceptable for Cabinet members to hold other employments, no serving county councillor should hold a Cabinet position within Pembrokeshire County Council (PCC) while simultaneously being employed by a sitting Member of Parliament (MP) or Member of the Senedd (MS).

“Cabinet members hold executive responsibilities, and such dual roles risk potential conflicts of interest, particularly if Cabinet decisions conflict with the policies of their employer, often a political party. This concern is heightened in a council where most members are Independents.”

Cllr Murphy’s notice of motion was heard at the December meeting of Pembrokeshire County Council where it was agreed the matter be referred to a future constitutional review committee.

In the registration of interests for the eight members of Leader Cllr Jon Harvey’s Cabinet, only Cllr Joshua Beynon, deputy leader of the Labour Group and Cabinet Member for Corporate Finance and Efficiencies, lists a politician as an employer, in his case newly-elected Mid and South Pembrokeshire MP Henry Tufnell.

Responding to the notice of motion, Cllr Beynon has previously said: “This motion, which appears to target my unique position as a Cabinet Member for Finance and part-time parliamentary employee, raises serious questions about its fairness, legality, and intent.

“At its core, this is a politically motivated motion that seeks to undermine the principles of fairness and freedom. It attempts to dictate lawful employment choices of councillors, disregarding the importance of balancing public service with individual rights. Such an approach risks creating a chilling effect, discouraging capable individuals from serving in public office in the future.”