Politics
‘Overwhelming support’ for ban on politicians lying
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.
HAVERFORDWEST Magistrates’ Court will hear cases against hundreds of defendants next week as Pembrokeshire County Council seeks liability orders for unpaid council tax and non-domestic rates.
The session, scheduled for Monday (Mar 17) at 10:00am, will see a block of cases between 12:00pm and 1:00pm dedicated to council tax disputes. The council is applying for liability orders under regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992.
A total of 341 defendants are listed for non-payment of council tax, while a further 18 cases relate to unpaid non-domestic rates under Regulation 12 of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989.
Liability orders allow the council to take further enforcement action, which may include deductions from wages or benefits, bailiff action, or bankruptcy proceedings.
The Herald will provide further updates following the hearing.
CHARITIES not-for-profits, and voluntary organisations in Wales face mounting financial strain due to an increase in employer National Insurance (NI) contributions, prompting calls for government intervention.
The UK Labour Government’s decision to raise employer NI contributions has drawn sharp criticism from the Welsh Conservatives, who warn that the move will place an undue burden on charities and voluntary groups. While public sector bodies such as the NHS and local councils will receive compensation for the additional costs, charities providing essential services under local authority contracts will not be reimbursed.
A survey by the Welsh Council for Voluntary Action (WCVA) found that 84% of voluntary organisations are concerned about how they will manage the NI increase.
Senedd debate on reimbursement
Next week, the Welsh Conservatives will bring forward a Senedd debate urging the Welsh Labour Government to press Westminster for financial support for Welsh charities, not-for-profits, and voluntary organisations. The motion argues these groups should be classified under the Office for National Statistics’ (ONS) definition of public sector employees to qualify for reimbursement.
Welsh Conservative Shadow Secretary for Economy, Energy, and Welsh Language, Samuel Kurtz MS, said:
“Welsh charities, not-for-profits, and voluntary organisations play a vital role in delivering public services that the most vulnerable in society depend upon.
“Labour’s decision to increase employer National Insurance contributions will have a detrimental impact on the future and viability of these organisations.
“The Welsh Conservatives are clear: Labour must ensure that Welsh charities, not-for-profits, and voluntary organisations are reimbursed for this rise in employer National Insurance contributions.”
Sector voices concern
The WCVA has also warned that the NI increase could put crucial community services at risk.
A WCVA spokesperson said: “WCVA is deeply concerned about the impact of increased Employers’ National Insurance contributions on voluntary sector organisations across Wales. Many of these organisations already face significant financial pressures, and this increase threatens to put additional strain on their resources and potentially jeopardise vital services delivered to communities.
“We have strongly urged both the UK and Welsh Governments to recognise the invaluable role the voluntary sector plays, especially in partnership with public services. We believe it is critical for voluntary organisations delivering public services to be treated equitably and included in any financial support measures, ensuring they are not disproportionately disadvantaged by these policy changes.
“WCVA welcomes the debate in the Senedd and hopes it will lead to productive discussions and practical solutions to protect the voluntary sector’s essential contribution to Welsh society.”
Motion to be debated
The Senedd motion, set for debate next week, states:
- Notes the UK Government’s increase to employer National Insurance contributions, coming into effect for the 2025-26 tax year.
- Recognises the detrimental impact the increase will have on Welsh charities, not-for-profits, and voluntary organisations.
- Calls on the Welsh Government to make urgent representations to the UK Government to ensure that these organisations delivering public services are included in the ONS-defined public sector category and are reimbursed for the rise in employer National Insurance contributions.
The debate will determine whether Welsh Labour will push for financial support to shield the voluntary sector from these additional costs.
DEMANDS FOR REFORM AS COUNCIL’S £83 MILLION RESERVES REVEALED
PEMBROKESHIRE residents are bracing for a 9.35% council tax rise, despite local authorities across Wales holding more than £2 billion in reserves. The increase, among the highest in Wales, comes as families struggle with soaring living costs and a series of consecutive tax hikes.
Local Senedd Member Paul Davies has called for urgent reform, criticising the Welsh Government’s Local Government Funding Formula and urging councils to use their reserves to ease the burden on taxpayers.
‘UNFAIR AND UNSUSTAINABLE’
Mr Davies said: “Under the Welsh Government, the Local Government Funding Formula remains broken.
“It cannot be right that people in Pembrokeshire face such a huge increase in their council tax while councils across Wales are sitting on over £2 billion in usable reserves.
“The Welsh Government must do more to keep council tax as low as possible by encouraging the use of reserves, improving efficiency within councils, and promoting the sharing of resources across council boundaries.”
CALLS FOR CHANGE
The Welsh Conservatives have consistently opposed large council tax increases, calling for an independent review of the Local Government Funding Formula. They argue that councils should:
- Use reserves to reduce tax rises.
- Improve efficiency by cutting unnecessary spending.
- Increase cooperation between councils to share services and lower costs.
RISING RESERVES, RISING BILLS
For years, Pembrokeshire had the lowest council tax in Wales, but after a 12.5% rise in 2024-25, it has surged significantly. Despite this, Pembrokeshire County Council holds £82.6 million in usable reserves, equivalent to 28.4% of its annual service expenditure.
In 2016-17, the council held just £47 million in reserves, rising to £83 million in 2021-22. Critics argue that this surplus should be used to relieve financial pressures rather than imposing further tax hikes.
With councils under fire for hoarding cash while demanding more from residents, pressure is mounting on the Welsh Government to overhaul funding and prevent further unaffordable rises.
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