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A Senedd committee unveiled plans to address deliberate deception by politicians but stopped short of recommending the creation of a new criminal or civil offence.

The standards committee called for in-house rules for Senedd Members to be strengthened and for an existing offence for candidates to be expanded to include deception.

Other recommendations included appointing non-politicians to make the committee, which is made up of Senedd Members from the main three parties, more independent.

In the 72-page report, the committee also recommended giving the standards commissioner powers to initiate investigations against Senedd Members without first needing a complaint.

As part of an inquiry on accountability, the committee published a separate report last month calling for a “recall” system to allow voters to remove Senedd Members between elections.

‘Last-minute deal’

Under the proposals, Senedd Members would be required to correct the record and severe breaches of the code of conduct could lead to a “remove or replace” public vote.

However, the committee’s report is not the final word on the matter and the Welsh Government will formally respond to the 11 recommendations.

In July, Mick Antoniw, then-counsel general, the Welsh Government’s chief legal adviser, cut a last-minute deal to avoid defeat in a crunch vote on creating an offence of deception

As a result, proposals tabled by Plaid Cymru’s Adam Price were withdrawn.

Mr Antoniw, now a member of the standards committee, committed to introducing legislation to disqualify politicians found guilty of deception through an independent judicial process.

Huw Irranca-Davies, the Deputy First Minister, reiterated this commitment in December.

‘Unacceptable’

During the inquiry, some witnesses warned that creating an offence would politicise the courts, lead to vexatious complaints and endanger free expression in the Senedd.

But others called for radical reform, with faith in democracy at an all-time low, calling for more independence to avoid the perception of politicians marking their own homework.

Hannah Blythyn, who chairs the standards committee, said strengthening rules for Senedd Members and candidates is critical at a time when public trust in politicians is low.

The Labour Senedd Member said: “Our report is putting forward recommendations to radically enhance our rules and make it clear to anyone who wants to hold public office that deliberately deceiving is not acceptable.

“By strengthening the law governing elections, toughening our code of conduct and giving more power and independence to those investigating complaints, we can start to rebuild public trust in our political institutions and support a parliament fit for the future.”

‘Counsels of doom’

Sam Fowles, a barrister who is one of the architects of the initial proposals, welcomed the standards committee report but called for an independent tribunal to enforce the rules.

He said: “This report is, quite rightly, a rejection of the counsels of doom who say that demanding politicians are honest is just too difficult.”

But Dr Fowles, who has been involved in high-profile cases including the post office scandal and the prorogation of UK Parliament, stressed that the report is only the start of the process.

“The focus now switches back to the Welsh Government,” he said. “It has committed to a law which will genuinely penalise political liars before 2026.

“The standards committee has told them it can be done – the Welsh Government now needs to draft a law that isn’t just symbolic but genuinely effective.”

‘Wales at the forefront’

Jennifer Nadel, co-director of Compassion in Politics, a think tank which has been campaigning on the issue, warned that deliberate deception threatens democracy.

“This report puts Wales firmly at the forefront of the battle against political deception,” she said. “This proposal to make it a criminal offence for candidates to deceive the public, if adopted …, is a crucial first step in shoring up our democracy and restoring voters’ trust.”

But the journalist warned the report “falls short” of calling for Senedd Members to be subject to the same criminal sanction, instead relying on “beefing up” existing arrangements.

“We would like to see it go further in this respect,” she said. “Serving politicians should be under the same sanction for deliberate deception as candidates, not a lesser one.  

“The Senedd is acting and we now call on Westminster to follow suit with a genuinely robust criminal offence to show it is serious about cleaning up politics.”

‘Open to abuse’

Plaid Cymru’s Peredur Owen Griffiths was in a minority of committee members in favour of a model that captures both Senedd Members and those standing for election.

Adam Price, Labour’s Lee Waters and Lib Dem Jane Dodds, observer members of the committee, argued the recommendations will be insufficient to meet the commitment.

Mr Price warned: “Self-regulation – with one group of politicians acting as judge and jury on the truth of another politician’s case – will not restore public trust, and is open to abuse.”

But he told the Senedd extending an offence for candidates to cover deception would make Wales the first democracy in the world to ban lying by politicians to win elections.

Ms Dodds said: “This report goes a long way in addressing major concerns that people have about the process of accountability in the Senedd…. Lack of action would prove to be a serious threat to democracy here in Wales.”