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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

Senedd ‘sidelined’ by Westminster water bill

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The Senedd signed off on proposed UK legislation to regulate the water industry despite concerns about the Welsh Parliament being “sidelined” by Westminster

Senedd members voted to consent to the UK water (special measures) bill, which aims to address governance issues and poor performance from water companies on pollution.

But Llŷr Gruffydd, who chairs the climate change committee, said the Senedd was “at the mercy” of the UK Government, with time for scrutiny curtailed.

Mr Gruffydd warned of a “huge” increase in Westminster legislation in devolved areas, saying: “I know ministers in the Welsh Government believe it is appropriate in many cases.

“It might be possible to defend their position if the system worked but it does not, which, in my opinion, undermines the position of the government.”

‘Sidelined’

The Plaid Cymru politician said Huw Irranca-Davies, the deputy first minister, is well aware of the shortcomings of a legislative consent process he is now using so enthusiastically.

He pointed out that Welsh Water operates a different ownership model to water companies in England, saying governance proposals must suit Wales’ circumstances.

Mr Gruffydd, who represents North Wales, said the funds generated by fines levied on companies should stay in Wales to improve services and infrastructure.

Labour’s Mike Hedges, chair of the legislation committee, warned the Senedd was being “sidelined” and the legislative consent motion was “at odds” with ministers’ aims.

He said the Welsh Government’s 2015 water strategy stated the objective was to align regulatory boundaries for water and sewage with the Wales-England border.

‘Piggybacking’

Mr Hedges told the Senedd: “Elected Members of the Senedd are being prevented from having a full say on legislation affecting rivers through their constituencies.

“While MPs in England will be able to table amendments to the bill on matters that affect Welsh rivers, Members of the Senedd are being denied that opportunity.

“Overall, the evidence provided by the Welsh Government to support this approach to using a UK Government bill to legislate for Wales has not been persuasive.”

Mr Hedges, who represents Swansea East, warned the case for piggybacking on a UK bill was weak, with decisions taken too quickly and potentially not fully thought through.

He described the process as an unsatisfactory and regrettable way of making law for Wales.

‘Chaotic’

Janet Finch-Saunders said the Conservatives would support the motion, with more accountability required in light of the “chaotic” response to the Conwy water crisis.

The Aberconwy Senedd member welcomed powers in the bill to restrict bonuses paid to executives where water companies fail to meet required standards.

Plaid Cymru’s Delyth Jewell agreed the bill could strengthen efforts to reduce water pollution, particularly by enhancing the powers of regulators such as Ofwat.

Her party colleague Adam Price derided an insistence that water is inherently a cross-border issue, pointing out that many rivers and tributaries cross European borders.

Mr Price urged Welsh ministers to grasp powers – set out in the St David’s Day agreement on devolution which led to the 2017 Wales Act – to give the Senedd full control over water.

‘Lasting change’

Mr Irranca-Davies, who is climate change secretary, stressed that what happens upstream in England affects what happens downstream in Wales, and vice versa.

He said: “That means in order to make real and lasting change we must work together,” pointing out that Ofwat and the Drinking Water Inspectorate cover Wales and England.

He explained the bill will strengthen the regulator’s powers to address water pollution, limit bonuses and allow Natural Resources Wales to recover costs from water companies.

The deputy first minister added: “It is absolutely right to ensure that implementation is done in the best way for Wales, some of the measures … are likely to proceed differently.”

The Senedd voted 37-0 in favour of the legislative consent motion, with 10 Plaid Cymru members abstaining, following the debate on January 21.

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News

Calls for ban on lying in Senedd by end of the year

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A LOCAL politician has called on the Welsh Government to ban politicians from lying in the Senedd.

Speaking in the Senedd on Tuesday, Mid and West Wales MS  Jane Dodds MS called on the First Minister Eluned Morgan to confirm that legislation on political deception will be passed this year.

Last summer, Jane Dodds MS voted in favour of a motion which would make it an offence for a Senedd member, or a candidate for election to the Senedd, to wilfully or with intent to mislead make or publish a statement that is known to be false or deceptive.

The Welsh Government has previously committed towards making lying in Welsh politics an offence.

According to data from the Veracity Index, in 2024 only 9% of the public trusted politicians to tell the truth-the lowest score in forty years.

The Welsh Liberal Democrats have backed plans to ban lying in the Senedd, as part of their pledge to clean up Welsh politics.

Commenting on the need to restore trust back into Welsh politics, Mid and West Wales MS Jane Dodds said that “we need to counter the rise of misinformation and its damaging consequences.”

We need to look no further than the event of last summer, where misinformation spread by elected officials led to riots that left lasting damages on countless communities.  

Mistruths and lying can and have had a devastating impact on the lives of millions of people, which is why we must act now.

We can no longer tolerate the hijacking of our political system by mistruths and deception, We have return power back to voters.

The stakes have never been higher and the Welsh Government cannot afford to sit by and watch as public trust in our democratic institutions continues to erode away. “

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News

Ex-FM declares interest amid calls for crackdown on political donations

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VAUGHAN GETHING declared an interest as the Senedd’s petitions committee discussed calls for a crackdown on donations to politicians.

The former first minister made the declaration as the committee considered a petition calling for stricter rules to limit gifts, donations and payments received by Senedd members

Mr Gething, who broke no rules, stood down in August amid controversy around a £200,000 donation to his Welsh Labour leadership campaign from a convicted polluter.

During the declaration of interest section of Monday’s meeting, he said: “I don’t think I have a declaration of interest but the petitioner, I think, is talking about me in part of it.”

In her 343-name petition, Lyn Eynon wrote: “There has been wide public concern over large donations given to a prominent Member of the Senedd. Lessons must be learnt from this.

“Wales must preserve and enhance its reputation for transparency and integrity.

“All MSs have a duty to ensure that no conflict arises, or appears to arise, between their public duties and their private interests.”

Senedd members agreed to keep the petition open while the standards committee concludes its inquiry into the registration and declaration of interests.

Mr Gething wrote to the standards committee in May, acknowledging concerns and calling for a review of the rules on donations made to Senedd members.

The standards committee – which is now chaired by Hannah Blythyn, who was sacked by Mr Gething amid claims of leaking – is expected to continue this work in the summer term.

Mr Gething also drew the committee’s attention to a petition on Covid-19 vaccine side effects, pointing out he was health minister at the start of the vaccination programme.

While the petition met the 10,000-name threshold to be considered for a Senedd debate, committee members agreed to close the petition submitted by Alison Butler.

Rhys ab Owen, an independent member of the petitions committee, pointed out that module four of the UK Covid inquiry will consider and make recommendations on vaccines.

He said: “I don’t think it’s appropriate for us to have any debate in the Senedd, bearing in mind only a quarter of those who signed the petition were based in Wales.”

Mr Gething said he will be giving written evidence to module four of the Covid inquiry but he was unsure whether he will be called to appear in person.

Committee members also closed a 443-name petition, submitted by Jasmin McNally, calling on the Welsh Government to scrap its “racist and ridiculous” anti-racist Wales plan.

Mr Gething pointed out that the plan was endorsed by all parties in the Senedd.

“The petitioner’s entitled to have a different point of view,” he said. “But we’re not going to change government policy or the view of the Senedd on this.

“I disagree in strong terms with the emotive and offensive language used by the petitioner but that’s what happens in a democracy.

“I don’t believe there is more action the committee can take. We simply have a disagreement of views and if she wants people who agree with her, the ballot box is the way to do it.”

During the meeting on January 20, Senedd members discussed a 271-signature petition, calling for meat-free Mondays in every school in Wales.

Manon Thompson, the teenage petitioner, wrote that meat-free Mondays – as adopted by Cardiff council – would reduce carbon footprints and save the lives of animals.

The committee thanked the young campaigner, agreeing to close the petition with Welsh ministers expected to hold a consultation on healthy eating in the spring.

Members also noted a letter from the European Broadcasting Union (EBU), dashing petitioners’ hopes of S4C pulling together a bid for Wales to compete in Eurovision.

Bakel Walden, from the EBU, wrote: “As the BBC continues to participate, and remains the rights holder in the United Kingdom, this means an entry from the individual nations of the UK is therefore not possible at the Eurovision Song Contest.”

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