Law making it a criminal offence for Senedd politicians to lie won’t happen

A proposed law making it a criminal offence for Senedd politicians to lie is not likely to come into effect, as reported by Wales Online. Instead, recommendations have been made to strengthen the system governing standards within the Senedd. The debate around the necessity of such a law intensified in July when Plaid MS Adam Price attempted to introduce a criminal offence for political lying through a Welsh Government bill. Following this, the Welsh Government proposed an independent judicial process to assess cases of deliberate deception by politicians, potentially leading to their disqualification from the Senedd.
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The committee appointed to explore these issues has now released its findings, advising against the pursuit of a specific law. During their deliberations, the committee considered three main options: creating a new criminal offence for deception, utilizing a civil procedure, or enhancing the existing standards regime. Proponents of a new offence argued that declining public trust in politics and the failure of current mechanisms to address this justified its implementation. However, there were opposing views expressed by Transparency International UK, Unlock Democracy, and Full Fact, who raised concerns about the potential implications of introducing new criminal or civil sanctions for deception.
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Jonathan Rees KC from the Criminal Bar Association highlighted concerns about the possible politicisation of courts if they were tasked with arbitrating disputed statements made by politicians. The committee ultimately recommended distinct mechanisms for addressing deliberate deception by candidates and elected Senedd members. They proposed the appointment of lay people to the Senedd’s standards committee and suggested amending the code of conduct to explicitly prohibit deliberately misleading statements. The committee also outlined a two-stage formal process for members to correct factual inaccuracies in their statements.

Furthermore, the committee’s report discussed the introduction of rules for recall procedures in cases where an elected politician is found to have committed an offence. They recommended that deliberate deception could serve as a trigger for the removal and replacement process but emphasized that this should only be enforced in severe cases. By advocating for increased transparency and accountability within the Senedd, the committee’s recommendations aim to address concerns regarding deception and maintain public trust in political representatives.

In response to these developments, stakeholders in the political and legal spheres have expressed varying opinions on the feasibility and implications of introducing new laws or procedures to address deception in politics. While the debate continues, the focus remains on establishing effective mechanisms to uphold integrity and honesty within the Senedd, ensuring accountability and transparency for elected representatives. The committee’s recommendations underscore the importance of maintaining high standards of conduct and truthfulness in political discourse to foster public confidence in the democratic process.