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Politics

Plan to ban lying politicians ‘wholly unrealistic’

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A PROPOSAL to disqualify dishonest politicians from the Senedd is wholly unrealistic and could see the courts inundated with complaints, barristers warned.

The Criminal Bar Association, which represents practising members in Wales and England, criticised calls to create an offence of deliberate deception.

Jonathan Rees, a Welsh barrister, urged real caution before making any changes made to the criminal law as he gave evidence to the Senedd’s standards committee.

He suggested the Welsh Parliament could instead expand the scope of the “tried-and-tested” offence of misconduct in a public office which is subject to important safeguards.

Mr Rees raised concerns about a model proposed by the Institute for Constitutional and Democratic Research, warning a new offence would put a huge burden on courts.

The think tank recommended disqualifying Senedd politicians and candidates from office for deliberate deception, to further the aim of restoring public trust in politics from record lows.

But Alex Greenwood, who practises regulatory and criminal law, warned the proposed model could infringe on longstanding rights under the European Convention on Human Rights.

He told the committee: “It fails to address, potentially, fundamental issues not just in terms of  European human rights case law but also natural justice and common law.

“There are fundamental issues … in terms of the reversal of the burden of proof, in terms of arguably infringements with the right to silence.”

Cautioning that crucial safeguards could be sidestepped or diluted, Mr Greenwood warned of the practical consequences of creating an offence with courts already struggling to cope.

He said: “The current backlog in the crown court is in excess of 67,000 cases – it’s the worst it’s ever been – and in magistrates’ courts, I think it’s in excess of 383,000 cases.”

Mr Rees added: “In many respects, it’s wholly unrealistic. It states that a key objective … is the need for swift justice. Well, the proposal they have then set out will not come anywhere near meeting that objective.”

The King’s Counsel pointed to examples including “fake claims” on chancellor Rachel Reeves’ CV and Labour’s manifesto commitment not to raise tax on working people.

He said: “We think it is entirely foreseeable that the courts … would simply be swamped, inundated with applications by voters of all political persuasions competing.”

Labour’s Lee Waters countered: “On the practicality point, that’s an argument for not bringing any more criminal sanctions in … I don’t deny the courts are swamped but I’m not sure if that should be the first basis on which we make law.”

Mr Greenwood said: “In reality, one only has to consider the number of disgruntled individuals reading today’s papers….

“But, more fundamentally, it is an entire departure from our present system which has a reviewing body to ensure only merited matters are put before the courts.”

Mr Waters said the paper’s model should not be treated as the last word, pointing out that it is only evidence to the committee rather than a firm Welsh Government proposal.

The former minister suggested it would be perfectly possible to address the witnesses’ concerns while departing from a system of self-regulation in the Senedd.

In July, the Welsh Government committed to introducing a ban before the next election.

Mick Antoniw, then-counsel general, the government’s chief legal adviser, said: “The Welsh Government will bring forward legislation before 2026 for the disqualification of members and candidates found guilty of deception through an independent judicial process.”

During the meeting on November 18, Mr Antoniw, now a member of the standards committee, reiterated concerns about the implications for parliamentary privilege.

Under the principle, parliamentary proceedings receive protection from legal challenge and Labour has committed expanding privilege in the Senedd to match Westminster.

Mr Rees agreed about the danger of politicisation, saying: “To introduce the courts as some sort of third-party arbiter of hotly disputed statements … would undermine the independence of the courts and, moreover …, would not serve the public interest whatsoever.”

He warned of a chilling effect on political discourse and freedom of speech.

 

Business

New facilities at Haverfordwest Target Shooting Club agreed

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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.

 

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News

Watchdog criticises health board over £10m GP contract checks

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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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News

Welsh Conservatives demand clarity over EHRC guidance in schools

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THE WELSH CONSERVATIVES have called on the Welsh Government to clarify whether new Equality and Human Rights Commission guidance will be implemented in schools across Wales.

Shadow education minister Sam Rowlands MS has written to Cabinet Minister for Education and the Welsh Language Anna Brychan MS following the UK Supreme Court ruling on the Equality Act.

Mr Rowlands said schools, teachers, governors and parents needed clear answers on how the guidance would apply in practice, including on single-sex spaces, safeguarding, changing facilities and sports participation.

He said: “Parents, teachers and pupils deserve clarity from the Welsh Government.

“Schools cannot be left in limbo while ministers avoid making a decision on such an important safeguarding and legal issue.

“The Equality Act applies in Wales, and schools now need clear guidance on what this means in practice.”

In his letter, Mr Rowlands asks whether updated guidance will be issued to schools in Wales, whether schools will be expected to amend existing policies, and what advice will be given to headteachers on safeguarding and compliance with the Equality Act.

He also asks whether the Welsh Government intends to diverge from the approach set out by the EHRC.

The letter says schools and parents require “clear and consistent guidance” to ensure the rights, dignity and safety of all pupils are respected.

 

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