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Politics

Senedd plan to ban lying politicians ‘unworkable’

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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.”

News

Andrew RT Davies resigns as Welsh Conservative leader after confidence vote

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ANDREW RT DAVIES has stepped down as leader of the Welsh Conservatives after narrowly surviving a confidence vote within his party.

In a letter announcing his resignation, Davies expressed regret, stating that his position had become “untenable” after some Members of the Senedd (MSs) threatened to resign from his frontbench if he remained in post.

The vote, held on Tuesday morning, saw Davies secure nine votes in support but faced opposition from seven MSs. Reflecting on the outcome, he said: “It was clear from the result that a substantial minority of the group do not support our approach.”

Davies has served as leader of the Welsh Conservatives in the Senedd for most of the past 13 years. His departure marks the end of a tenure defined by both challenges and significant contributions to the party in Wales.

Commenting on the resignation, Reform UK Wales Spokesman, Oliver Lewis said: “True to form, the Tories have turfed out another leader thinking that will resurrect their failing party. They care more about jousting for position than they do about serving Welsh people.

“It does not matter who they have as leader, the simple fact is they have failed in opposition just as they failed Wales in Government in Westminster for 14 years.

“The people of Wales want real change in 2026 and that is just what we plan to offer them. Wales needs Reform.”

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Politics

St Davids recycling centre saved but others to see hours cut

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CLOSURE-threated St Davids’ recycling centre is to stay open, while other facilities in the county ‘share the pain’ with a reduction in opening times to meet cost savings.

Members of Pembrokeshire County Council’s Cabinet, meeting on December 2, considered a range of money-saving options for the provision of recycling centres in the county, against a backdrop of a need to save £70,000 from the service, which included closing the St Davids centre.

Pembrokeshire currently operates six WRCs across the County; Crane Cross, Hermon, Manorowen, St David’s, Waterloo and Winsel, one of the highest levels of provision in Wales.

The council’s medium term financial plan identifies “a ‘most likely’ projected funding gap of £84.6m over the period 2024-25 to 2027-28,” with the council needing to deliver at least £70,000 of savings from the waste and recycling budget

Four options will be presented to Cabinet: no change, with the £70,000 coming from other areas of the service; the closure of St Davids netting the £70,000; its closure along with reductions in the amount of days at other centres to save £110,000; the final option being a reduction in the number of days all were open, but keeping St Davids running, saving the £70,000.

All four options were considered by the Policy and Pre-Decision Overview and Scrutiny Committee in November, where it was “acknowledged that the status quo could not continue and a requirement for change was accepted,” the committee favouring the fourth option, described as “sharing the pain,” which it recommended to Cabinet.

A complication for keeping St Davids open was a significant capital investment requirement for that site and Hermon, Cabinet members heard.

Despite concerns by Cabinet Member for Housing Cllr Michelle Bateman that she could not justify the costs, with the level of capital investment required, to keep St Davids open, fellow Cabinet member – and local councillor – Cllr Neil Prior proposed the option four was backed, supported by leader Cllr Jon Harvey.

Members, by six voted to two, backed the “sharing the pain” approach, which will  see a reduction in opening days across the county sites.

Posting on social media after the meeting, fellow local councillor Cllr Mark Carter welcomed the news “which means that St Davids WRC stays open for the foreseeable future with two opening days a week all year round,” adding: “All other WRC sites will lose one day per week. The remaining issue to be addressed at some point is the required upgrade work and where the funding will come from but for the time being St Davids WRC is safe.”

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Politics

Deputy First Minister stands with commitment to disqualify lying politicians

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THE DEPUTY First Minister reiterated a promise to introduce legislation disqualifying lying politicians amid concerns about vexatious complaints and politicisation of the courts.

Huw Irranca-Davies restated the pledge as he appeared before the Senedd’s standards committee to give evidence to an inquiry about accountability on December 2.

Labour’s Lee Waters questioned if the commitment, to a bill on disqualifying politicians found guilty of deception through an independent judicial process, will be kept by 2026.

Mr Irranca-Davies told the committee: “Come what may, that commitment stands.”

But he warned of practical complexity in disqualifying candidates and Senedd Members, raising further concerns about politicisation of the courts and vexatious complaints.

Mr Irranca-Daves said any new legislation would need to be cognisant of freedom of expression, under Article 10 of the European Convention on Human Rights.

He stated proportionality will be the key test of compliance with human rights law.

The standards committee is weighing up recommendations including creating a criminal offence of deception, a civil offence, or strengthening the existing self-regulation system.

Mick Antoniw, a former minister who gave the initial commitment to legislation to avert defeat in a Senedd vote, argued the standards committee sits as a quasi-judicial body.

Senedd counsel general Mick Antoniw
Labour MS Mick Antoniw

But Plaid Cymru’s Adam Price disagreed, drawing a distinction between self-regulation and an independent judicial process through a tribunal or criminal court.

Jane Dodds, the Liberal Democrats’ leader in Wales, called for clarity on the timetable.

Mr Irranca-Davies reiterated the commitment to bringing a bill forward before the 2026 Senedd election, saying the Welsh Government has set aside a slot for the legislation.

Turning to parliamentary privilege, which affords MPs immunity from legal challenge, Mr Irranca-Davies said the precious principle allows politicians to speak freely.

In the Senedd, privilege is limited to defamation and contempt rather than absolute but moves are afoot to provide parity across the four nations.

“We have to make sure we don’t trespass on that essential right of parliamentarians to speak freely on behalf of their constituents and against injustice,” Mr Irranca-Davies said.

Calling for the standards process as a whole to be strengthened, he backed the introduction of a system of recall, which would allow voters to boot out Senedd Members between elections.

He said: “It is very important, we believe, as a point of principle where Members are found to have fallen well short of expected standards of behaviour that the electorate do have the opportunity to remove them.”

He described the triggers used in Westminster: a custodial sentence for 12 months or less, a suspension of at least ten days or an expenses offence conviction: as a useful starting point.

But the former MP said Wales could diverge, raising concerns a ten-day suspension could tie the committee’s hands and suggesting discretion for suspensions of 30 days or less.

Mr Irranca-Davies cautioned that bringing forward a bill before the next Senedd election would require “rapid manoeuvring”, with implications for the legislative programme.

From 2026, people will vote for parties rather than individuals as the Senedd ditches the first-past-the-post system in favour of a full form of proportional representation.

The next candidate on the political party’s list would be elected, with the public having no further say on who would replace a recalled Senedd Member.

Mr Irranca-Davies said: “The [Welsh] Government remains firmly of the view that there isn’t a form of by-election, that you would see under the first-past-the-post system, that would work within this new system. The fit isn’t there.”

He argued individuals rather than parties should be punished, warning recall could otherwise undermine the proportionality of the Senedd as decided at an election.

The Deputy First Minister advocated a simple yes-no public vote on whether a politician should stay in office following a recommendation of recall from the standards committee.

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