‘Overwhelming support’ for ban on politicians lying

Published

6 months ago

June 24, 2024

A HIGH-PROFILE barrister backed plans to make it a criminal offence for Senedd members and candidates to deliberately deceive the public.

Sam Fowles, of Cornerstone Barristers, gave evidence on former Plaid Cymru leader Adam Price’s proposals to disqualify politicians from the Senedd for deliberate lying.

The lawyer was involved in the Miller case against the then-Prime Minister over the propagation of the UK parliament and appeals that exposed the Horizon Post Office scandal.

Mick Antoniw, the Welsh Government’s counsel general or chief legal adviser, last week raised concerns the deception proposals are “unworkable”.

But Dr Fowles told members of the Senedd’s standards committee: “I would be very, very confident if I was asked to defend this in a judicial review.”

He described the proposals, which are set out in clause 64 of the elections and elected bodies bill, as clearly drafted and drawing on long-established legal principles.

Vikki Howells, who chairs the committee, raised concerns about the practical ramifications of criminalisation, suggesting it may be best left to the “robust” standards process.

Dr Fowles said deliberate deception fundamentally undermines confidence in democracy, pointing out that ministers and candidates sit outside of the Senedd’s regime.

Stressing the importance of independence, the barrister warned: “As is recognised in law, the appearance of a lack of objectivity is as damaging as a lack of objectivity itself.”

He said the matter is best decided by the courts, rather than by politicians appearing to sit in judgement on themselves, because it is more likely to give the public confidence.

Jennifer Nadel, co-director of Compassion in Politics, a cross-party think tank, warned faith in democracy and the political class is at an all-time low.

“This has overwhelming public support,” she said, highlighting an Opinium poll which found 72% in favour of similar measures on deception with only 7% opposed.

The journalist contrasted the example of a car salesperson knowingly selling a deathtrap, saying they have to face the consequences unlike politicians who mislead.

She described deliberate deception as fraud on the electorate that pollutes the public space and threatens to undermine the very nature of democracy.

Ms Nadel pointed out that Labour’s commitment to a Hillsborough law would introduce a duty of candour on civil servants that could be enforced through criminal courts.

She said it would be invidious for officials to face a higher duty than their political masters.

Asked by Peredur Owen Griffiths about the interplay with other legislation, Dr Fowles said a review found the proposals would not clash with defamation or human rights law.

He said an offence of deception would not create friction with Article 10 of the European Convention on Human Rights on freedom of expression.

He told the Plaid Cymru politician: “This seems to me a quintessential example of something that is a proportionate means of achieving a legitimate aim.”

Dr Fowles said defences listed in clause 64, such as for statements that can be reasonably inferred to be a matter of opinion or analysis, insert a safety valve for accused politicians.

The witnesses raised Singapore, Austria and Western Australia as examples of international best practice, firing a warning shot to extreme leaders who make false statements.

The Conservatives’ Natasha Asghar raised the risk of an avalanche of malicious complaints against politicians and would-be members of the Senedd.

Dr Fowles accepted malicious complaints are inevitable in any criminal or civil law but he expected vexatious and frivolous grievances to be “booted out very quickly”.

He said it is easy to infer motivation for malicious complaints and people will be reluctant due to the risks of prosecution for wasting police time or perverting the course of justice.

Ms Nadel agreed, saying the police and CPS will ensure the law cannot be abused by filtering out frivolous complaints and bringing cases in the public interest.

She said while a new hate crime law in Scotland led to 7,000 reports in its first week, which stuck in the public consciousness, but the number of reports has plummeted since.

Labour’s Mark Drakeford questioned the effectiveness of clause 64 in dealing with hard-to-distinguish cases “where fact and opinion collide”.

The former First Minister suggested deliberate deception should be dealt with under a recall process which would allow the public to remove Senedd members between elections.

Dr Fowles described the courts as the ultimate fact-finding forum, saying: “I think it’s proper to take these questions outside the realms of political combat.”

He told the committee political deception is akin to political bribery as he warned that public trust in politicians has fallen further since the introduction of Westminster’s recall system.

Highlighting an Ipsos poll, headlined “British public wrong about nearly everything”, the legal expert said: “A big part of that is because they have been misinformed.”

Ms Nadel opposed dealing with deception by recall, saying it could become a popularity contest with voters unwilling to sanction a demagogue despite dishonest statements.

She said: “It’s part of declaring the rules of the game rather than something that people can really decide ‘well, it wasn’t such a bad case of fraud’.”

Ms Neadel, also a former barrister, said polls show one in five people do not believe a single word politicians say – with only 3% believing more than 80% of what they hear.

She warned: “Facts are facts and we are at a very dangerous moment in history.”

Dr Fowles said clause 64 would help ensure politicians tell the truth, concluding: “It’s only by giving the public that guarantee that we can start to restore trust in politics.”

A crunch vote will be held during a three-hour debate about the proposals on July 2.

Pembrokeshire town 4G phone mast plans withdrawn

Published

2 days 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

2 days 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

3 days 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.”