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Politics

Senedd set for crunch vote on banning lying politicians

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THE SENEDD will today debate a “historic, world-leading” plan to ban lying politicians amid claims members have been given “erroneous” legal advice ahead of the crunch vote.

Adam Price’s plan would make it a criminal offence for Senedd members, ministers or candidates to deliberately deceive the public, with a four-year disqualification as punishment.

The Plaid Cymru politician’s proposed ban was added to the elections bill, under clause 64, after Labour backbencher Lee Waters abstained in a vote during an earlier committee stage.

Now, the Welsh Government has introduced an amendment to delete clause 64, which will be subject to a vote of the whole Senedd – the final opportunity to change the bill.

Activists and legal experts have accused Mick Antoniw, the counsel general, of making “legal and factual errors” in letters to Senedd members, which urged them to resist change.

Speaking on the eve of the vote, Mr Price, who represents Carmarthen East and Dinefwr, urged his fellow Senedd members to act.

He said: “Trust in politics is at an all-time low and the existing solutions – standards committees, standards commissioners and recall – have failed to solve that problem.

“So, it’s time to do something different. 

“If the three opposition parties stay united and independent-minded Labour members join us then we have the chance to start to rebuild that trust.”

Mr Price, who led a campaign to impeach former prime minister Tony Blair for “duping” the UK into the Iraq war, added: “Winning is the next step in this process – not the end, however. 

“We hope the government will then shift from defending an old system that isn’t working to helping us design and build a new one together that will.”

In a letter to members, Mick Antoniw, who is the Welsh Government’s chief legal adviser, raised concerns the bill could have profound, unintended consequences.

Describing the proposals as “unworkable” and lacking consultation, he warned clause 64 could stifle political debate and undermine effective scrutiny of government.

Mr Antoniw wrote: “While the underlying intentions behind the provision seem morally right, the proposed new crime represents a radical departure from modern constitutional norms in this country that has the potential to do much more harm than good.

“I do not overstate my concerns by highlighting that it is the kind of criminal law that was used as a tool to suppress dissent in the distant past in this country, is still used for that purpose in other countries today.

“And I worry that the good intentions that lie behind this provision could be abused in that way again here under different political circumstances.”

Mr Antoniw suggested the bill could be referred to the Supreme Court or prevented from receiving royal assent by the Welsh secretary.

Sam Fowles, of Cornerstone Barristers, who has provided free advice to Mr Price, criticised “legal and factual errors” in the counsel general’s advice to members.

Dr Fowles claimed Mr Antoniw was wrong to say the bill would restrict freedom of speech and that issues of honesty cannot be adjudicated on by the courts.

He said: “[The law] does not impose any restriction on the freedom of speech of Senedd members beyond that already in place. It is surprising the counsel general implies otherwise.

“The counsel general’s scepticism as to the ability to distinguish between fact and opinion is at odds with the day-to-day reality of public discourse as well as law.”

In a follow-up letter to MSs, the barrister, who is director of the Institute for Constitutional and Democratic Research, argued that freedom of speech has never implied a freedom to lie.

Dr Fowles, who was involved in high-profile cases around the post office and prorogation of the UK Parliament, said clause 64 would make it easier to regulate deliberate deception.

Jennifer Nadel, co-director of Compassion in Politics, a cross-party think tank, called for decisive action at a dangerous time, “with a Putin apologist set to enter parliament”.

She said: “Sadly those who are perhaps concerned that the tradition of gentlemen’s agreements is about to be replaced by something altogether more transparent and accountable have made erroneous arguments in defence of the status quo.

“It is clear that something bolder and more courageous is needed to restore trust in politics.

“Honesty matters to the public and they want to see clear independent action, not politicians continuing to police themselves.

“They are on the wrong side of history. This bill is supported by the vast majority of the population. I am hopeful that Wales will do something truly historic and back this bill and let truth and integrity prevail.”

The author and award-winning journalist accused Douglas Bain, the Senedd’s standards commissioner, of being out of touch with public opinion.

Giving evidence on Monday, July 1, Mr Bain criticised clause 64, describing its drafting as “clumsy at best” before adding “and I think that’s being rather generous”.

Ms Nadel said: “We are gravely concerned that the commissioner doesn’t appear to appreciate the gravity of the situation or the loss of public confidence in existing measures.

“His inability to see why the measure is needed makes the case for reform all the stronger.”

Dr Fowles also hit back at Mr Bain’s comments, saying: “The Senedd standards commissioner seemed to call political lying ‘a problem that isn’t really there’.

“Only 9% of the public trust politicians to tell the truth. It’s not a problem, it’s a crisis. The commissioner should take 91% of the public more seriously.”

Richard Symons, director of the Ministry of Truth – a BBC documentary on political lying – was followed by cameras on his campaign to persuade MPs to back a ban in 2007.

Mr Price, then a member of the House of Commons, agreed, proposing a “Misrepresentation of the People Act” which ultimately failed to make it onto the statute book.

But now, 17 years on, the pair are closer than ever to changing the law.

Mr Symons pointed to December’s Ipsos poll which found trust in politicians has fallen below a low set amid the expenses scandal, with trust in ministers at its lowest since the early ’90s.

The filmmaker said: “In other words, the existing mechanisms and those introduced after 2009 have brought only further decline. Nothing more.

“We don’t have a mechanism to engender public trust, we have mechanisms which erode it. Both the standards commissioner and the Labour government seem blind to this.”

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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