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Politics

‘Overwhelming support’ for ban on politicians lying

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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.

Politics

Welsh ministers to introduce fire safety bill eight years after Grenfell

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WALES’ housing secretary confirmed plans to bring forward a building safety bill in 2025, eight years after 72 people died in the Grenfell Tower tragedy in London.

Jayne Bryant told the Senedd that accountability will be at the heart of the bill, which will reform the regulation of safety risks in multi-occupied residential buildings.

Ms Bryant, who was appointed in July, said the new system will include all buildings containing two or more homes, with some exceptions, not only those of 18m or above.

The housing secretary described progress on fire safety in Wales as comparable to England, with Scotland and Northern Ireland both significantly behind.

Ms Bryant promised to emphasise the urgency of remediating fire safety issues during a meeting with developers this week.

The Conservatives’ Janet Finch-Saunders said only 2% of buildings have completed the required safety work despite many promises by the Welsh Government.

The Aberconwy Senedd Member pointed out that ministers’ plans to pass a building safety bill by 2026 will come more than eight years after the Grenfell Tower disaster.

She said those affected feel completely despondent: “Let’s not forget, these people are living in unsafe, at-risk-of-fire properties, and they’re unsellable – they are stuck in that situation.”

Mark Isherwood, the Tory shadow housing secretary, warned delays and gaps persist despite claims progress is being made on building safety reforms.

Mr Isherwood, who chairs the Senedd’s public accounts committee, said people’s safety concerns should be prioritised rather than sidelined in bureaucracy.

Siân Gwenllian, Plaid Cymru’s shadow housing secretary, raised concerns about many tenants and residents living under clouds of uncertainty and risk for too long.

She said: “We need to ensure that developers keep to their commitments but also that the government has clear outcomes for any developers that fail to reach the standards.”

Ms Gwenllian called for clarity on consequential funding for Wales after the UK Government budget, with investment in remediation set to rise to more than £1bn in 2025/26.

She stressed that funding will be central to success, saying: “We have to avoid any situation where financial deficit leaves some buildings unsafe.”

She tentatively welcomed news that developer Watkin Jones has “at last” signed a deal to make properties safe at Victoria Dock in Caernarfon.

Jane Dodds, the Liberal Democrats’ leader in Wales, said it is unacceptable that addressing fire safety has taken so long following the Grenfell tragedy.

John Griffiths, who chairs the Senedd’s housing committee, raised the disproportionate impact of the building safety crisis on disabled leaseholders.

Mr Griffiths also expressed concerns about remediation work at the nearby Celestia complex in Cardiff Bay being behind schedule and expected to take three years.

His Labour colleague Mike Hedges similarly raised constituents’ concerns about delays to work at the Altamar building in Swansea.

Rhys ab Owen, an independent who represents South Wales Central, said accountability and transparency are chief among leaseholders’ concerns.

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Politics

Plan for gender-balanced Senedd ‘lacks teeth’

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VOLUNTARY guidance aimed at making the Welsh Parliament more representative of the population lacks any real teeth, Senedd Members warned.

Sioned Williams described new draft guidance for political parties on diversity and inclusion as “too little, too late”, with the next Senedd election less than 18 months away.

Plaid Cymru’s shadow social justice secretary said the voluntary guidance has no teeth after the Welsh Government scrapped a proposed law on gender quotas in September.

She said: “Although any and all steps to try to increase diversity in politics are very welcome, I am deeply disappointed at the rolling back by the Welsh Government.”

Ms Williams suggested a once-in-a-generation opportunity to ensure a 50:50 gender split may have been missed, given the current progressive majority in the Senedd.

She said: “Candidates are already declaring their intention to stand.

“Voluntary guidance, which won’t be ready for months, really isn’t going to achieve that change for the Senedd elections in 2026.”

Her Plaid Cymru colleague Heledd Fychan pointed out there will be no penalties nor repercussions if political parties do not implement the guidance.

The Conservatives’ Darren Millar criticised a lack of engagement from the Welsh Government since legislation on gender quotas was withdrawn.

He questioned a “limited” focus on other aspects of equality such as age, faith and disability.

Mr Millar, who represents Clwyd West, said: “We very much hope when the final guidance is published it will be reflective of that broader range of characteristics.”

Jane Dodds, the Liberal Democrats’ leader in Wales, raised the Electoral Reform Society’s warning of a “sizeable risk” the next Senedd could be the least gender-balanced in history.

She told the debating chamber or Siambr: “The evidence is clear: legislative gender quotas are the only way to achieve gender-balanced Senedds.”

Ms Dodds, who represents Mid and West Wales, suggested political expediency and party interests were prioritised over women’s representation and democratic reform.

Hannah Blythyn, a Labour backbencher who represents Delyn, said making the Senedd more representative not only changes the face of politics but its focus too.

Ms Blythyn said: “We’ve talked about other protected characteristics and as an out lesbian, I’m very much in the minority in this place still and I’d like to see that diversity grow.”

In a statement to the Senedd on November 12, Jane Hutt recognised “huge disappointment” that gender quotas will not be underpinned by law.

Describing the draft guidance as a catalyst for change, the social justice secretary stressed that the Welsh Government remains committed to a gender-balanced Senedd.

Ms Hutt explained the final guidance, which is also aimed at council elections, will be published in spring following confirmation of new boundaries for the 2026 Senedd poll.

Pointing to measures under the Elections and Elected Bodies Act passed in July, she said: “We all know the guidance alone is not enough to ensure we achieve diversity in politics.”

She added: “Women are an under-represented majority in this Senedd. By including the section on voluntary gender quotas in the guidance, I want all parties to recognise the importance of considering what action they may take to increase women’s representation.”

consultation on the draft guidance closes on January 7.

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Education

Concern over ‘highest-ever’ school bullying rates

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RATES of bullying in Welsh schools have reached record levels, with more than one in three children and young people reporting being bullied, the Senedd heard.

Gareth Davies raised concerns about a 6% increase in bullying between 2021 and 2023, according to a survey of more than 130,000 pupils in 200 secondary schools.

The Conservatives’ shadow mental health minister told the Senedd: “These results are higher than ever previously reported in the survey, which is deeply troubling.”

He said the latest survey showed regression on “just about every metric of pupil wellbeing”, including growing social isolation and a rise in behavioural issues.

Mr Davies, who worked in the NHS in north Wales for more than a decade, pointed to a 2021 legal duty to have regard to the mental health of children and young people.

He said: “The mental health of pupils has declined and reports of bullying in schools have only increased, so the Welsh Government have failed in that duty, unfortunately.”

Plaid Cymru’s Cefin Campbell called for an update to 2019 anti-bullying guidance for school governing bodies following a commitment from the Welsh Government eight months ago.

The shadow education secretary focused on the impact of poverty, warning the high cost of school uniforms can cause stress and lead to bullying.

Mr Campbell, a former lecturer, expressed concerns about penalties, such as detention, for pupils over non-compliance with uniform policies.

Raising a report on “horrific” experiences of racism in Welsh schools, he said one pupil was told a classmate did not want to sit next to them due to the colour of their skin.

“That’s entirely unacceptable in our schools,” said Mr Campbell.

Labour’s Carolyn Thomas warned children’s mental health is at an all-time low, pointing to smartphones and social media as major contributing factors.

She said: “They can be used to bully, manipulate and control, sending young people into an isolated world of despair, not thinking they can get out of it or go to somebody for help.”

The North Wales politician highlighted a petition calling for a ban on phones in schools.

Rhys ab Owen, an independent who represents South Wales Central, stressed that bullying can impact people for decades to come after school.

“But it’s an issue that doesn’t affect learners equally,” he said. “In Cardiff, around a third of learners come from ethnically diverse backgrounds.

“And I was staggered to read a survey from 2020, which said that 61.5% of learners had expressed stereotypes over skin colour, religion and nationality.”

In a statement on November 12 to mark anti-bullying week, Lynne Neagle accepted that bullying continues to be an issue in Welsh schools.

Pledging to prioritise the problem, Wales’ education secretary said new statutory anti-bullying guidance will be published for consultation after Christmas.

Ms Neagle pointed to concerning trends, including 42% of girls scoring high or very high in a questionnaire on psychological problems compared with 27% of boys.

She told the Senedd: “I wouldn’t want to be a teenager growing up today.”

Ms Neagle stated the Welsh Government provided more than £800,000 this year for one of the biggest surveys of children and young people in the UK.

She said: “The link between bullying and mental health is well known. At its most extreme, young people have taken their own lives as a result of being bullied. This is a tragedy for the young life lost, for their family and friends and for whole communities.”

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