Politics
Standards commissioner Douglas Bain slams ‘clumsy’ lying politicians proposal
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.”
Business
Maenclochog care home turned down after community concerns
A CARE HOME scheme for a Pembrokeshire village, which saw objections from the local community council after youngsters had ‘absconded’ from similar sites locally, will need a formal application, planners have said.
In an application to Pembrokeshire County Council, Future Nest Care Ltd, through agent Evans Banks Planning Limited, sought a certificate of lawfulness to allow the use of dwelling house Brynawel, Maenclochog as a care home for two youngsters between the ages of five and 16 with specific needs.
A supporting statement said the youngsters would be supported by three qualified and experienced staff members during the day and two at night; the certificate of lawfulness application made to establish that formal planning permission is not required to use an existing two-storey detached dwellinghouse into a residential care facility to accommodate two children, supervised 24/7 by staff.
It added: “The proposed use is designed to provide a safe, nurturing, and family-style environment to help the young residents develop essential life skills and prepare for independent living. The residing youngsters will attend local schools or colleges and participate in community life, in the same manner as any young person living in a traditional family home.
“The qualified and experienced staff will prepare those children for their re-introduction back into a life without supervised care. The residing youngsters would attend the local school or further education college, as would any youngster under 18 living in a family home.”
However, Maenclochog Community Council objected to the proposals after residents expressed their concerns.
In its objection, it said: “This proposal has raised significant concern within the village, particularly as there are already multiple provisions for similar accommodation on the outskirts of Maenclochog.
“In the past, young people accommodated at these facilities have frequently absconded, leading to repeated searches across the surrounding area. This history heightens local anxiety regarding the introduction of further such provision within the village.”
It added: “Neighbouring residents have not been consulted regarding the proposed change of use, which has led to unease and a lack of confidence in the applicants’ intentions and in the suitability of the site for this form of development.”
It went on to say: “Before any decision is made, Maenclochog Community Council strongly believes that local residents should be afforded the opportunity of a public consultation. While the proposal may represent an economic decision for the property owners, it has wider implications for the village and its residents.”
An officer report recommended refusal of the certificate of lawfulness, concluding that “a material change of use would occur in relation to the proposed use of the site and as a result a certificate of proposed lawful use cannot be granted”.
In refusing the lawfulness call, planners said “the frequency of staff changes and the number of vehicle movements associated with the proposed use of the property would be materially different to those associated with its lawful use as a dwelling,” the material change of use to a care home requiring a formal planning application.
Business
New facilities at Haverfordwest Target Shooting Club agreed
A CALL by a Pembrokeshire shooting club for more disability-friendly facilities has been given the go-ahead by county planners.
In an application to Pembrokeshire County Council, Haverfordwest Target Shooting Club, through agent Andrew Sutton Architecture, sought permission for an extension to existing target shooting club building at The Firing Range, Withybush Road, Haverfordwest to improve accessibility and internal facilities, together with associated landscaping works.
A supporting statement said: “The club’s own published history states it was founded in 1968, moved from the Drill Hall to the old wartime airfield butts at Withybush by the early 1970s, and had developed facilities over time, including the clubhouse by 1999. The established leisure/community use has existed on the site for a number of years and the proposal does not seek to intensify the core activity beyond that already authorised/established.”
It added: “The primary objective of the scheme is to improve inclusive access to the club’s facilities for disabled users and those with reduced mobility. The internal arrangement will provide adequate entrance and lobby space, clear accessible routes and appropriately designed sanitary accommodation, including an accessible wetroom/shower and separate WC.”
It also said accessible parking and surfacing designed to provide a firm, even, slip-resistant route from parking to the principal entrance.
It added: “The Equality Act 2010 places duties on service providers to make reasonable adjustments so that people with additional access needs are not placed at a substantial disadvantage.
“The proposal is therefore a positive enhancement to a community/leisure facility and supports wider policy objectives for inclusive environments.”
It went on to say: “The club operates within a highly controlled environment, and the proposed works will maintain and enhance safety and security measures.”
The application was conditionally approved by planners.
News
Watchdog criticises health board over £10m GP contract checks
A HEALTH board has been criticised by Audit Wales after GP contracts worth more than £10m were awarded without sufficient due diligence checks.
Aneurin Bevan University Health Board allowed a GP partnership associated with eHarley Street Primary Care Solutions to take on eight GP contracts in south-east Wales, with a combined annual value of around £10.1m.
Audit Wales said the board should have carried out greater scrutiny before approving the arrangements, including checks on financial resilience, workforce plans, business risks and the partnership’s ability to manage several practices at once.
However, the watchdog found no evidence of fraud and noted the board was dealing with significant pressure in general practice, including vacant contracts and limited interest from other bidders.
The report said weaknesses in governance and scrutiny contributed to later disruption and uncertainty for patients and staff when problems emerged.
Concerns included financial and workforce pressures, unpaid invoices, and issues relating to tax and pension payments. Some contracts were later handed back, requiring the health board to step in to protect services.
Natasha Asghar MS, Welsh Conservative Shadow Cabinet Minister for Health and Social Care, said the findings were “deeply concerning”.
She said: “Patients and staff were left facing disruption and uncertainty because proper scrutiny was not carried out before these contracts were awarded.
“The Welsh Conservatives believe lessons must be learned to ensure robust checks are in place, protect frontline services and restore confidence in primary care across Wales.”
Aneurin Bevan University Health Board accepted the recommendations and said it had already strengthened its processes.
Audit Wales said the case highlighted the need for stronger checks before GP contracts are transferred, particularly when a single partnership is taking on multiple practices in a short period.
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