Senedd plan to ban lying politicians ‘unworkable’

Published

5 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.”

Campaigners urge Welsh Government to adopt proportional representation for Local Elections

Published

1 day ago

November 14, 2024

Tom Sinclair

CAMPAIGNERS are calling on the Welsh Government to introduce the Single Transferable Vote (STV) system for local elections, following moves by two councils to shift away from the First Past the Post (FPTP) system being blocked on technical grounds.

Yesterday (Nov 14), Ceredigion Council voted narrowly, with an 18 to 17 majority, in favor of adopting STV. This follows Gwynedd Council’s decision last month, where 65% of councillors backed the move. However, both councils have been prevented from implementing STV due to a requirement for a two-thirds majority under the Local Government and Elections (Wales) Act 2021.

In recent consultations, public support for STV has been overwhelming, with over 70% in Gwynedd and 67% in Ceredigion favoring the change. Only Powys Council rejected the proposal, despite 60.5% of its respondents supporting STV. Campaigners argue that the current system deprives voters of representation, citing that over 100,000 people were denied a vote in the 2022 elections due to uncontested seats.

The Electoral Reform Society Cymru (ERS Cymru) highlights the contrast with Scotland, where the introduction of STV for local elections in 2007 has significantly reduced uncontested seats. According to ERS Cymru, Scotland has had fewer uncontested seats in the last four elections combined than Gwynedd Council recorded alone in 2022.

Jess Blair, Director of ERS Cymru, said:

“Decisions made in council chambers affect everyone in those areas, so every vote should count. It’s absurd that councils choosing STV are blocked by a technicality, leaving them stuck with an outdated system that denies representation to thousands. The Welsh Government must act to avoid repeating the undemocratic outcomes of the last elections.”

Campaigners are now calling on the Welsh Government to introduce STV across all councils in Wales, ensuring representation that reflects the electorate’s wishes.

Politics

Alarm over Wales’ domestic violence ‘epidemic’

Published

1 day ago

November 14, 2024

Chris Haines, ICNN Senedd reporter

DOMESTIC violence against women and girls is the scourge of Wales and a national emergency, Senedd Members warned.

Mabon ap Gwynfor said Welsh police reported more than 45,000 cases of domestic abuse in 2022/23 and almost 10,000 sexual offences the previous year, with many more unrecorded.

Leading a Senedd debate, the Plaid Cymru politician challenged a tendency to believe rural Wales is an exception, with domestic abuse “limited” to urban areas only.

“The evidence shows otherwise,” he said. “Rates of domestic abuse in north Wales are higher than those in the city of London.

“North Wales even faces the same level of sexual crimes as Greater Manchester, which has a population five times the size.”

Mr ap Gwynfor added: “I am afraid the election of President Trump in the US is going to make things much worse as he makes misogynistic attitudes acceptable again.”

He said victims wait a year for support in Cardiff or Merthyr but four months in Swansea, asking: “How can we justify someone’s trauma being dependent on a postcode lottery?”

He told the Senedd that 16 children per 1,000 in north Wales are being seen by sexual assault referral centres compared with a rate of 2.9 per 1,000 in London.

Mr ap Gwynfor said the NSPCC found one in five children have experienced domestic violence, with Childline Cardiff holding 4,000 counselling sessions in the past year.

Calling for urgent devolution, he warned that prosecution statistics suggest sexual violence has effectively been legalised, with victims let down and public trust eroded.

Labour’s Joyce Watson said a vigil will be held outside the Senedd on November 25 to mark White Ribbon Day, the international day for ending violence against women and children.

Ms Watson highlighted her party’s pledge to halve violence against women and girls over the next decade, calling for funding from Westminster to further the aim in Wales.

She told the Senedd: “It is a national threat and it is an epidemic. There’s no getting away from that. It’s deep-rooted, it’s wide-reaching.”

Sioned Williams raised the NSPCC’s calls for sustainable long-term funding for specialist support for children and young people who are survivors of domestic violence.

Her Plaid Cymru colleague Luke Fletcher warned of the “corrosive” effect of social media, calling for a crackdown on misogynistic content targeted at young men.

Responding to the debate on November 13, Jane Hutt pointed to progress made in tackling violence against women and girls but she recognised “so much more needs to be done”.

Ms Hutt, who is Wales’ social justice secretary, highlighted horrifying statistics from July showing that two million women in the UK are victims of male violence every year.

She described domestic violence as a national emergency, with one woman killed by a man every three days and the number of recorded offences up 37% in the past five years.

She hailed the 20th anniversary of the Live Fear Free helpline, a free 24/7 service run by Welsh Women’s Aid and funded by the Welsh Government.

Ms Hutt said she raised evidence of failures in the justice system with Jess Phillips during a meeting with the UK minister

Politics

Senedd debates Eluned Morgan’s first 100 days as First Minister

Published

1 day ago

November 14, 2024

Chris Haines, ICNN Senedd reporter

SENEDD members debated Eluned Morgan’s record following her first 100 days, with the First Minister rejecting claims she has failed to stand up for Wales.

Andrew RT Davies led a Conservative debate on the eve of November 14, which marks Eluned Morgan’s hundredth day in office.

He accused the First Minister of letting the country down, pointing to the withdrawal of the universal winter fuel allowance for pensioners and warnings of 4,000 premature deaths.

The leader of the opposition also criticised Labour’s decision to raise national insurance contributions for employers, with unemployment in Wales at 5.3% and rising.

Mr Davies said 4,000 patients have been added to NHS waiting lists since the First Minister took office in August, with a total of 614,000 people now waiting for treatment.

He told the Senedd: “That is a damning indictment of government failure here …. That is not standing up for patients here in Wales, it’s not standing up for clinicians, and it’s not standing up, importantly, for the workforce.”

Rhun ap Iorwerth said Baroness Morgan’s first 100 days have shown little evidence of a change in direction from the Welsh Government.

The Plaid Cymru leader said: “By any objective measure, nothing has fundamentally changed in those 100 days.”

He said Baroness Morgan has no plan to grow the economy nor tackle a crisis in the NHS.

Mr ap Iorwerth accused the First Minister of failing to make the case for replacing the Barnett formula, devolving the Crown Estate, and compensating Wales for HS2 spending.

He said: “I’m afraid that what we’ve seen is Labour in Welsh Government, under the new First Minister, shifting into the mode of defending their masters at Westminster….

“A fundamental difference between Plaid Cymru and Labour is that we will never let Westminster diktat hamper our ambitions for Wales.”

Labour’s Hefin David was unconvinced by the 100-day measure of success, which was coined by former US President Franklin Roosevelt in the 1930s.

He said: “It worked for him; I’m not sure it’s going to work so much across modern politics, which moves so quickly and so differently.”

He suggested the next Senedd election in 18 months will be a much better yardstick.

The Caerphilly Senedd Member pointed out that Wales’ first female First Minister, from Ely, Cardiff, one of the poorest parts of the UK, succeeded against the odds.

Describing Baroness Morgan as a “listening First Minister”, Dr David joked: “She’s the only First Minister who gives me a cwtch every time I see her. I can see Mark Drakeford getting a little worried there. I’m not expecting anything, finance minister.

“But I do think it demonstrates the warmth of Eluned Morgan.”

Responding to the debate, Eluned Morgan reeled off a list of achievements including £28m to cut waiting times, £13m on better end of life care and a new north Wales medical school.

She said £7.7m has been invested in a specialist burns and plastic surgery centre at Swansea’s Morriston Hospital, serving ten million people from Aberystwyth to Oxford.

Baroness Morgan lauded a “landmark” £1bn investment in the redevelopment of Shotton Mill, Deeside, protecting 137 jobs and creating 220 more.

She claimed the Labour Welsh and UK Governments also secured a better deal for Tata steelworkers, accusing the Tories of failing to budget for a £80m transition fund.

“This is a lengthy list,” she said. “But it could be longer and it will be longer as we continue to deliver…. The first 100 days demonstrates how Welsh Labour is delivering real investment, real jobs, real support for communities – not promises and pledges but delivery.

“I am so proud of everything this government has already delivered since I became First Minister and I’m optimistic about what we can achieve as we move forward.”