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Politics

‘Overwhelming support’ for ban on politicians lying

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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.

Politics

Senedd rejects calls to reverse 20mph policy

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THE SENEDD shot down calls to scrap the 20mph speed limit policy.

Senedd members voted 37-14 against the Conservative motion which urged the Welsh Government to repeal the “disastrous” default 20mph policy.

Natasha Asghar, who was told off moments earlier for describing 20mph as a “blanket” policy, criticised ministers for trying to “downplay” public sentiment.

The Conservatives’ shadow transport secretary said a recent YouGov poll found that seven out of ten people still oppose the default 20mph policy.

She welcomed a “more sensible, pragmatic” approach from Ken Skates, who took over as transport secretary in March, but cautioned that much change has yet to come to fruition.

She reiterated that nearly 470,000 people signed a record-breaking petition against the policy which has been in place for more than a year.

Ms Asghar, who represents South Wales East, said implementation of 20mph has cost more than £33m and claimed it will result in a £9bn hit to the Welsh economy.

She said: “I make no apology for promoting common-sense politics, 20mph where it’s needed – around schools, hospitals, places of worship and high streets.

“It is regrettable that it has taken a public outcry on such a large scale for the guidance to be even looked at or changed.”

She told the Senedd: “Give the people what they want, allow their voices to be at the forefront of this policy that affects their day-to-day lives and please scrap this.”

Peredur Owen Griffiths, who also represents South Wales East, criticised “remarkable revision” in the Senedd, claiming there was initially cross-party support for 20mph.

“Oh no, there wasn’t,” said Janet Finch-Saunders, the Tory MS for Aberconwy.

Elin Jones, the Senedd’s speaker or Llywydd, intervened, saying: “Come on … [we] can do better than a pantomime please.”

Plaid Cymru shadow transport secretary pointed out that 20mph has been introduced by Conservative councils in England.

He told the debating chamber or Siambr there has been a significant fall in road casualties, according to statistics for January to March.

But he criticised the Welsh Government’s implementation, saying it fueled a divisive debate and eroded trust in the country’s relatively new democracy.

Lee Waters, the former deputy minister who introduced 20mph, said the policy is in achieving its aim, with data showing average speeds are down.

The Labour MS for Llanelli said: “Casualties are down by 32%, which is the single most effective road safety intervention that has been made. And lives have been saved: six fewer deaths in the first six months compared to the year before.

“Now, the Conservatives say that the policy has been disastrous. I think that these are results that we can be proud of. Has our approach been perfect? No, it has not.”

Mr Waters argued there is little practical difference between the policy and the Tories’  position, saying: “The difference is purely about politics. It’s purely about opportunism.”

He said Tory proposals would cost the public purse more: “Far from a bonfire of regulations, their common-sense approach is a confetti cannon of red tape splurged across Wales.

“The real difference between us is that we are saving lives before politics.”

Newport East MS John Griffiths maintained that the default 20mph policy is the right one as he welcomed the Welsh Government’s review.

The Labour backbencher pointed out that an insurance company, esure, is reducing policy premiums by £50 for customers in extensive 20mph areas.

He said: “It’s estimated that if 20mph was rolled out right across the UK in the way that it has been in Wales, that would result in some £1.4 billion-worth of savings for motorists.”

Mark Isherwood, the Tory MS for North Wales, said: “To say that the indiscriminate 20mph speed limit has been unpopular would be an understatement.”

His colleague Janet Finch-Saunders criticised a “distinct lack” of consultation.

“What was intended to improve road safety and reduce emissions has instead sparked widespread frustration, condemnation and opposition,” she warned.

Responding to debate on behalf of the Welsh Government, Ken Skates said police data unequivocally shows accidents reducing on 20 and 30mph roads.

The transport secretary rejected suggestions that ministers are not listening, saying 10,000 people have identified routes and helped shape the next steps.

Mr Skates said: “We know that there is more that we can do.

“We have listened and we have worked together. Now, over the next few months, we’ll begin to see changes ensuring that the right speeds are set on the right roads.”

Following the debate on September 25, Plaid Cymru’s amendment was also voted down, 41-10. The Welsh Government’s amended version of the motion was agreed, 27-24.

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Charity

Blood cancer specialists ‘overstretched and understaffed’ in Wales

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ALMOST three quarters of haematology consultants in Wales will near retirement age in the next decade, with a critical shortfall of replacements, a charity warned. 

Blood Cancer UK (BCUK) launched an action plan, entitled ‘Taking blood cancer out of the shadows’, at the Pierhead in Cardiff Bay on September 24 

Ceri Bygrave, a consultant haematologist at the University Hospital of Wales, Heath, Cardiff, was part of the charity’s task force which produced the recommendations. 

Dr Bygrave said: “The haematology workforce is overstretched and understaffed, with critical staff shortages and increasingly complex treatments leaving people delivering NHS blood cancer care under major pressure. 

“This is a particular challenge in Wales where by 2032, 74% of permanent haematology consultants will reach the age of 60 with a shortfall in trainees to replace them.” 

Dr Bygrave said: “The crumbling NHS infrastructure that exists in Wales and a woeful IT infrastructure that lags a long way behind other centres in England are all things that compromise blood cancer patient care on a daily basis. 

“To improve blood cancer survival, future NHS workforce plans must include an increase in the number of and support for blood cancer clinical nurse specialists, as well as action to turn around the drop in the number of clinicians doing blood cancer research.” 

Helen Rowntree, the charity’s chief executive, said huge strides have been made in research in the past 60 years but blood cancer remains the UK’s third largest cancer killer. 

Ms Rowntree said: “Needless lives are being lost and for those living with blood cancer there’s a real fear that they’re not getting the best care and support. 

“The blood cancer community deserves better. The drivers of better survival in high-performing countries urgently need to be understood and implemented.” 

Sam Rowlands, the Conservatives’ shadow health secretary, said blood cancer requires more attention in Wales as he called for targeted intervention. 

Mr Rowlands said: “Barely half of cancer patients are receiving treatment within the 62-day target time in Labour-run Wales and there is no clear trend of improvement.

“The action plan from BCUK provides a blueprint for bold action, the fact that only one hospital in the whole of Wales provides groundbreaking CAR-T therapy isn’t good enough. 

“If we boost staffing levels as the Conservatives have proposed and invest in provision, we can also put forward a faster diagnostic standard, as is the case in England, of 28 days. 

“We should also have more ambition in collecting information on cancer treatments in Wales to perfect treatments and improve prospects.” 

David Rees, who sponsored the event and chairs the Senedd’s cross-party group on cancer, described the charity’s report as sobering. 

He said the report highlights the complexity in diagnostics and treatment which often leads to missed early diagnosis, treatment disparities within Wales and gaps in clinical expertise. 

The Labour MS for Aberavon added: “I know that there are issues involved in data collection for blood cancer too, which can help inform good clinical practice and patient pathways.” 

Mr Rees said: “Patients across Wales need to have confidence … that when they present themselves to their GP or A&E department, the diagnostic services are available and can deliver timely data that can lead to early treatment. 

“Patients should expect no less.” 

He pledged to keep pressure on ministers to act on expert reports, saying he was confident two Labour governments can together meet the challenge of modernising the NHS. 

Research found 29% of people with blood cancer in Wales visited their GP three or more times before diagnosis, with BCUK warning delays can have devastating consequences. 

The charity also raised concerns that nearly 30% of blood cancer patients in Wales do not know who their clinical nurse specialist is. 

The Welsh Government highlighted a 50% increase in haematology specialty and associate specialist doctors, and a 9% increase in consultants over the past decade. 

A spokesman said: “We have made cancer one of the NHS’s top planning priorities and have launched a national programme to support recovery in cancer waiting times. 

“We have received the charity’s blood cancer action plan and are considering the implications for our approach in Wales.” 

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Politics

Defiant Tory MS given slap on wrist in ‘blanket’ 20mph row

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A CONSERVATIVE refused to back down despite being given a ticking off by the Senedd in a row over depicting 20mph as a “blanket” policy.

Natasha Asghar was formally “censured” – which amounts to a slap on the wrist – with the Senedd endorsing the findings of a standards commissioner investigation.

The Tory shadow transport secretary said: “I can’t quite believe that we’re standing here today debating the use of the word ‘blanket’ when there are much bigger issues at hand.”

Ms Asghar, who represents South Wales East, disputed the finding that she breached three rules in the Senedd’s code of conduct.

“To say that I brought the Senedd into disrepute by using the word ‘blanket’ is purely absurd,” she said. “I make no apology whatsoever for standing up for my constituents and residents across Wales when it comes to the Welsh Government’s 20mph scheme.”

Ms Asghar pointed out that 97% of former 30mph roads dropped to 20mph, saying it remains her opinion that this is a blanket approach.

Elin Jones, the Senedd’s speaker or Llywydd, intervened to stress that the standards committee found the use of the term was imprecise and inaccurate.

She said she changed her mind on the use of the word due to the ruling after allowing the term to be used for months.

She said: “It is not correct to use it in that context, in this chamber any more … that is my view and I am the Llywydd … I ask you all to respect my view.”

Ms Asghar acknowledged the report but vowed to continue campaigning tirelessly against the policy “despite desperate attempts to stop me”.

Douglas Bain, the standards commissioner, found that Ms Asghar broke rules on acting untruthfully and bringing the Senedd into disrepute.

The complaint was submitted by Lee Waters, the former minister who introduced 20mph.

Ms Asghar was part of the committee which considered a complaint about her group leader Andrew RT Davies, who similarly described 20mph as a “blanket” policy.

Mr Davies was cleared of breaching the rules in January.

Mr Bain was satisfied the “blanket” depiction was inaccurate but said it is not synonymous with untruthfulness, which requires an “element of deceit, fraud or moral turpitude”.

In the 21-page report, he argued there was a degree of moral turpitude in Ms Asghar’s case because she knew similar statements had been found to be false.

Mr Bain accused Ms Asghar of “saying one thing and doing the opposite”, concluding: “I have no doubt that such conduct is unacceptable and that it brings the Senedd into disrepute.”

Peredur Owen Griffiths, a member of the standards committee, urged fellow politicians to pay close attention to the committee’s recommendations on the standards expected.

He said: “I would also like to remind members of their personal responsibility regarding consideration of any potential interests before participating in committee business.”

The Plaid Cymru MS for South Wales East told the Senedd it is incumbent on members to declare interests and recuse themselves from relevant proceedings.

The motion agreeing to censure Ms Asghar was agreed, with no objection from Tory benches which would have forced a vote following the September 25 debate.

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