Politics

Standards commissioner Douglas Bain slams ‘clumsy’ lying politicians proposal

Published

6 months ago

July 2, 2024

THE STANDARDS commissioner criticised “clumsy” plans to make it a criminal offence for Senedd members and candidates to deliberately deceive the public.

Douglas Bain, who investigates complaints against Senedd members, raised concerns about clause 64 of the elections bill which would disqualify politicians for deliberate deception.

A key vote on the proposal on lying politicians, which is being spearheaded by Adam Price, Plaid Cymru’s former leader, will be held on Tuesday, July 2.

Giving evidence to the standards committee a day earlier, Mr Bain broadly agreed with the position set out by the Welsh Government which will try to remove clause 64.

He questioned why making a false statement should have such “draconian” consequences when other arguably more serious misconduct may not.

He told the committee: “I believe that that would be sending entirely the wrong message about how the Senedd regards bullying, harassment and inappropriate sexual behaviour.”

Mr Bain warned seeking to impose a fixed period of disqualification would have no regard for the seriousness or triviality of the deceptive statement.

He said: “It seems to me quite wrong that that should be dealt with and attract the same sanction as disqualification as a very serious case of false statement, which a member knew was false and caused serious harm.”

He added: “I’m also troubled … with the idea that making a false statement should bar a person from standing for the Senedd for four years in effect. As I understand it, that would mean they wouldn’t be able to stand at the next Senedd elections.

“I struggle to see how that can be justified.”

Mr Bain pointed out that a false statement would be public knowledge, suggesting it is best left to voters to judge whether a candidate is fit to be a Senedd member.

He warned that if clause 64 is enacted, any complaint about a false statement would have to be suspended until the risk of prejudicing a police investigation or prosecution passed.

“That inevitably would lead to a very substantial delay in the complaints process and that I think is inherently undesirable,” he said.

Mr Bain, who was appointed in 2021, described the drafting of clause 64 as “clumsy at best”, adding: “And I think that’s being rather generous.”

He warned sub-clause seven would give “far-reaching” powers for Welsh ministers to change legislation although it would be subject to Senedd approval.

Mr Bain raised concerns about a lack of penalty provisions in the bill, saying: “That’s quite extraordinary to have an offence but there’s no penalty that the court can impose.”

The former barrister described the six-month window for bringing a prosecution as a defect.

He told members: “If it’s discovered six months and one day after the statement was made, that it was seriously false and deliberate, quite appalling conduct – nothing could happen.”

Mr Bain, who is based in County Down, Northern Ireland, criticised a lack of detail on what would happen if a politician appealed against a conviction.

“It cannot be right in my mind that if there’s an appeal going on that the disqualification should kick in,” he said. “If the person is successful, there’s no remedy.”

He pointed out politicians would be disqualified from standing for election to the Senedd but not the UK Parliament or councils: “There appears to me to be no rational reason for that.”

Mr Bain argued false statements should be dealt with under the existing Senedd complaints process, saying it would be much quicker due to a huge backlog in the criminal courts.

He was appointed acting commissioner in 2019 when his predecessor, Roderick Evans, stood down after Neil McEvoy, the former Plaid Cymru MS, secretly recorded him.

Mr Bain said criminal cases would be referred to the “political offences” unit at Crown Prosecution Service headquarters in London, leading to huge delays.

He raised the example of Mr McEvoy’s allegations against Sir Roderick appearing to “disappear into a black hole for a long time”.

Mr Bain criticised the “unfortunate” drafting of clause 64, which was added to the bill at a previous amending stage after Labour’s Lee Waters abstained.

He said the clause gives politicians 14 days to set the record straight, questioning what would happen if a person was on holiday and did not find out until the 15th day.

The investigator told committee members: “The way it’s drafted at the moment, they wouldn’t be able to avail of the defence which frankly is ridiculous.”

Responding to concerns about a “plethora” of malicious complaints and potential conflict with human rights law, Mr Bain did not think either would be an issue.

In closing, he said: “I just think this is an incredibly complicated approach to solving a problem that really isn’t there. To my mind, this can already be dealt with.”

Community

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.”