Senedd plan to ban lying politicians ‘unworkable’

Published

6 months ago

June 18, 2024

PLANS to ban Senedd Members for deliberately lying may be unworkable, according to the Welsh Government’s chief legal adviser.

Mick Antoniw, Wales’ counsel general, raised concerns about Adam Price’s proposals to disqualify politicians from the Senedd for deliberate deception.

The ex-Plaid Cymru leader’s amendment to the elections and elected bodies bill, which would create the offence of deception, was agreed after Labour’s Lee Waters abstained.

Giving evidence to an inquiry on accountability, Mr Antoniw said: “I’ll put my neck on the line at the moment and say I don’t think criminalisation is the way that it actually works.

“I think it’s actually unworkable probably.”

He said the issue would be best considered by the standards committee inquiry, suggesting Welsh ministers will try to delete the clause during the next amending stage set for July 2.

Vikki Howells, the Labour backbencher who chairs the standards committee, asked whether Wales should adopt Westminster’s approach to removing MPs between elections.

In the House of Commons, a recall petition can be triggered by a custodial sentence for 12 months or less, a suspension of ten sitting days or more, or an expenses offence conviction.

Mr Antoniw broadly agreed with the criteria, emphasising the importance of consistency across parliaments while accounting for Wales-specific circumstances.

He said the 12-month threshold – above which Senedd members are already automatically disqualified – seems “rather high”, suggesting six months may be more appropriate.

Plaid Cymru’s Peredur Owen Griffiths pointed out people could be imprisoned over a matter of conscience such as protesting about the environment, nuclear or the Welsh language.

Mr Antoniw recognised the concern, saying peaceful protest is part of a democratic society, but he said a six-month threshold would exclude “nearly all of those sorts of circumstances”.

He cautioned: “Discretions are always very difficult in terms of things like disqualification.”

Asked whether a recall system should apply to members who change their political allegiance after an election, Mr Antoniw warned it may be a step too far.

The counsel general said politicians defecting to another party risks inappropriately changing the balance of the Senedd and the outcome of an election.

But he told the committee a politician could leave a party over a matter of conscience, such as a group changing its position on an issue post-election.

Mr Antoniw argued the most effective way forward would be to ensure Senedd members cannot form or join another political party, with a requirement to sit as an independent.

He made the case for an appeals process as part of any recall system, warning the absence of one could throw up “all sorts of human rights issues” and lead to legal challenge.

But Mr Antoniw stressed the importance of proceeding at pace as he raised concerns about previous standards committee processes going on for a “very, very prolonged period”.

He argued a simple majority vote of the whole Senedd should be required to sign off on recall processes, rather than a two-thirds supermajority.

“Whips can’t apply,” he said. “I don’t think that would be appropriate in any circumstances.”

Responding to Mark Drakeford’s concerns about the risk of a minority blocking recall, Mr Antoniw agreed with the ex-First Minister that a supermajority risks over-politicisation.

Mr Owen Griffiths asked how the counsel general would envisage the process working in light of the complexities of Wales’ new fully proportional “closed-list” electoral system.

Under the members and elections bill, which is set to receive Royal Assent, people will vote for parties rather than individual candidates in future Senedd elections.

Mr Antoniw suggested a simple retain-or-replace public vote, saying it would effectively be a referendum on whether an MS should be removed.

“It’s not so much a petition because a petition is to ask permission to do something,” he explained. “And it’s not a byelection because there are no other candidates.”

He said the next person on a party’s initial list, which can include up to 12 candidates, would replace an unseated MS, retaining the make-up of the Senedd determined at the ballot box.

Asked whether parties should have discretion to later reorder lists, based on factors such as gender balance, Mr Antoniw cautioned against the added complexity.

Mr Drakeford highlighted that the 32 constituencies in Wales that will be used in the July 4 general election will be paired to create 16 for the next Senedd poll.

The Cardiff West MS suggested a threshold should be required in each constituency rather than across both, saying: “Fairness should trump anxieties about complexity.”

He said it is possible constituencies such as Blaenau Gwent and Monmouth, which have a different character, could be paired by the Electoral Commission.

Mr Drakeford warned: “Unless you have a threshold that applies to both, one half could actually determine the outcome for the other.”

Mr Antoniw accepted issues could arise, such as between industrial and rural constituencies, but his “gut feeling” favoured the simplicity of a combined threshold.

Asked whether polls should be open for a single day or longer as in Westminster’s system, Mr Antoniw preferred the latter as he argued it would best maximise participation.

The Conservatives’ Natasha Asghar asked about the chances of a recall bill being passed before the next election, and said having 96 more MSs will raise the risk of misbehaviour.

Mr Antoniw told the June 17 meeting: “The commitment given from the Welsh Government – from the First Minister – is that we would like to see this legislation in place by 2026.

“I think that is the public expectation as well.”

Pembrokeshire County Council needs to find £28m funding

Published

8 hours ago

December 19, 2024

Bruce Sinclair - Local Democracy Reporter

A BETTER-than-expected settlement from the Welsh government has lowered Pembrokeshire’s funding gap for the next financial year by millions but the county still faces a £28m challenge.

In a draft budget report before the December meeting of Pembrokeshire County Council, presented by Cabinet member for finance Cllr Joshua Beynon, members heard a projected funding gap for the next financial year of £34.1m had now been reduced to £28.1m as Pembrokeshire received a higher than expected Aggregate External Finance (AEF) settlement increase of 3.6 per cent from Welsh Government – amounting to just over £8.1m – against a predicted two per cent; the average across the 22 local authorities being 4.3 per cent.

Of the 22 authorities in Wales, Pembrokeshire ranked 15th in its rate of settlement, neighbouring Ceredigion also receiving 3.6 per cent, to rank 17th, and Carmarthenshire receiving 4.1 per cent, ranking 12th.

The report added: “In the current financial year, Pembrokeshire received an AEF settlement of £218.87m, representing 72.1 per cent of the 2024-25 Net Expenditure budget of £303.496m, the remainder (27.9 per cent) being funded by council tax.

“There is now more reliance on council tax funding due to AEF reductions during the austerity period whilst council tax increased. Council tax accounted for only 18.4 per cent in 2013-14. This trend is likely to continue whilst anticipated AEF increases are proportionally below council tax increases in future years.”

Speaking at the meeting, Cllr Beynon referenced ‘unpalatable’ options listed in an online council budget modeller giving options for the final figure for the next financial year.

“It’s not a fun time to be in local government, it’s about what we can cut, making really difficult decisions; in that [online council] budget modeller there are some unpalatable things we could do, it is more and more difficult for us to get these savings, years and years of reduced budgets mean we are finding it difficult.”

Members backed recommendations including the outline draft budget be noted, with final decisions on any budget being made by full council next February.

The funding gap figures are based around a 11.14 per cent council tax increase in the next financial year.

News

Greyhound racing in Wales: Future hangs in balance as decision delayed until 2025

Published

19 hours ago

December 18, 2024

Tom Sinclair

THE WELSH GOVERNMENT’S decision to postpone a ruling on the future of greyhound racing until 2025 has sparked mixed reactions, with animal welfare groups voicing disappointment and industry representatives welcoming the extended timeline for discussion.

Welfare groups demand urgent action

Animal welfare organisations, including Dogs Trust, RSPCA Cymru, Blue Cross, Greyhound Rescue Wales, and Hope Rescue, have expressed dismay at the delay. The coalition, known as Cut the Chase, has long advocated for an end to greyhound racing in Wales, calling the postponement a missed opportunity to prevent further harm.

Their concerns mirror recent developments in New Zealand, where greyhound racing will be banned by August 2026 due to concerns over injuries and fatalities. Owen Sharp, Chief Executive of Dogs Trust, stated:
“The call to end greyhound racing in Wales has received overwhelming support from the animal welfare community, Members of the Senedd, and the public, with over 35,000 people signing a petition demanding change.

“It is unacceptable that so many dogs die or are seriously injured every year, all in the name of entertainment. Wales now stands alongside only a handful of countries, including England and Scotland, where this outdated and inhumane practice persists. The Welsh Government must take the only meaningful action to stop this cruelty: end greyhound racing once and for all.”

Public supports a phased ban

A consultation conducted by the Welsh Government revealed that 64.69% of respondents supported a phased ban on greyhound racing. Despite this, officials have opted to extend deliberations, with a final decision now expected in 2025.

Animal welfare groups highlighted troubling figures from the Greyhound Board of Great Britain (GBGB), which reported 359 racing greyhound deaths and 4,238 injuries in 2023 – a 47% increase in fatalities compared to the previous year. Concerns extend to off-track welfare, including reports of poor living conditions, inadequate nutrition, and lack of enrichment for retired greyhounds.

Industry defends its welfare standards

The GBGB has countered criticism by emphasizing welfare improvements at licensed tracks such as Valley Stadium in Wales. Mark Bird, GBGB Chief Executive, said:
“Valley Stadium’s licensing has brought significant welfare improvements, overseen by expert veterinarians and our national network of professionals. Racing greyhounds receive more oversight and protection than many pet dogs across Wales.

“We remain committed to working with the Welsh Government to promote and protect greyhound welfare through effective and proportionate regulation.”

Broader calls for change

The debate in Wales reflects a growing movement to end greyhound racing across the UK and beyond. In Scotland, a Proposed Prohibition of Greyhound Racing Bill aims to outlaw the sport, while New Zealand has committed to a ban, citing ethical concerns.

Decision delayed but debate intensifies

The Welsh Government has emphasized the need for thorough consideration before making a final decision. However, the delay has intensified divisions, with animal welfare groups urging an outright ban and the industry advocating for improved regulation as a viable alternative.

A final verdict is not expected until 2025, leaving the future of the sport – and the welfare of thousands of greyhounds – uncertain.

Community

Only three anti-social behaviour warnings in Haverfordwest in two years

Published

21 hours ago

December 18, 2024

Bruce Sinclair - Local Democracy Reporter

DESCRIBED as a “waste of taxpayers’ money”, a protection order introduced in the centre of Haverfordwest to tackle antisocial behaviour has been “an unnecessary tool” which only resulted in three warnings in two years.

Prior to its backing in mid-2022, a plan to introduce a Public Spaces Protection Order (PSPO) in Haverfordwest town centre had been under discussion for some time, with a public consultation on the matter, as well as previous debates by Pembrokeshire County Council.

The proposals were brought by the town’s then five county councillors, initially prompted by anti-social behaviour and drinking issues at the skate park but later expanded to a large part of the town centre, and were developed in partnership with Dyfed-Powys Police.

Claims had previously been made that “gangs of feral children are roaming around town”, with members of the public subject to verbal and physical abuse in Haverfordwest, and a “criminal element” dealing drugs in the town.

The PSPO gives police and PCSOs additional powers for three years to issue a fixed penalty notice of £100 if someone fails to comply with a request to cease consumption of intoxicating substances in a designated area.

At the time, Cllr Jacob Williams said on “civil liberties grounds” he was shocked to see what was being proposed.

“I think this is way over the top and not a proportionate response,” he said.

The PSPO area includes the Withybush retail area, the river alongside Morrisons, Barn Street, Horsefair roundabout, Rifleman Field, skatepark, Fortunes Frolic and out to the train station.

The December meeting of Pembrokeshire County Council received a submitted question by Independent Group leader Cllr Huw Murphy, who had opposed the scheme.

“At full council on July 14, 2022 a decision was made to implement a Public Space Protection Order (PSPO) within certain areas of Haverfordwest.

“A Partnership Panel held on May 23, 2024, received confirmation that since this PSPO was implemented there have been no prosecutions or fixed penalties issued. There was a cost implication in implementing this PSPO for PCC, money that we can ill afford to spend when ample legislation exists for dealing with antisocial behaviour.

“Therefore, can it be agreed that in future such applications are given greater scrutiny to avoid further waste of taxpayers’ money and what actually reduces antisocial behaviour is increased pro-active policing not more legislation?”

Responding to Cllr Murphy’s question Cllr Williams, now Cabinet Member for Planning & Regulatory Services, said he agreed with the questioner.

“Cllr Murphy and I were among several who opposed this introduction, among the things I said was I was aghast at this proposal which had snowballed; I would’ve been in support around the skate park rather than the town.”

He added: “The way the council was proceeding was not justified and I voted against it; as Cllr Murphy’s question states there have been no prosecutions, but on three occasions police have warned people about offences.”

Cllr Williams said any potential renewing of the order – up for review next year – would go to scrutiny committee before coming before council, “should there be an appetite for this PSPO to be renewed”.

He concluded: “It could be argued there’s no prosecutions so it’s worked; but only three persons have been warned [by police], I think that paints a story that it was probably not only was not a success but probably a tool that was not necessary.”