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topicnews · September 27, 2024

Wales is moving closer to a ban on lying by politicians – and now Keir Starmer is being urged to follow suit – Byline Times

Wales is moving closer to a ban on lying by politicians – and now Keir Starmer is being urged to follow suit – Byline Times

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Westminster should follow Wales’ lead and support laws banning lies in Parliament, campaigners say.

The call comes as consultations end on the Welsh Government’s legislative plans to sanction members of the Senedd (MSs) who deliberately mislead others and the public.

Sanctions could include removing members from office, barring them from running again and being convicted of a new crime of deception.

Due to the new proportional electoral system in Wales, due to be introduced for the 2026 Senedd election, a successful “recall” effort to throw out an MS would likely result in the next candidate on the party list taking the seat, rather than triggering a by-vote . Choice.

Compassion in Politics, the nonprofit that helped push the proposed new law, believes it should apply not just to elected members but also to candidates and that it should be a criminal offense punishable in court .

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But the organisation’s director, Jennifer Nadel, fears the Welsh government is trying to weaken possible sanctions for any MP who lies.

The consultation paper outlines three main options to combat deception:

  • Creation of a new crime that would be investigated by police and tried in criminal courts.
  • Determination of a civil offense which may be investigated by the Public Services Ombudsman and decided by an independent Welsh court.
  • Strengthen the existing code of conduct and Senedd procedures to more explicitly prohibit deliberate lying or deceit.

The Senedd Members’ Code of Conduct already requires members to be honest. Rule 2 of the Code of Conduct states: “Members must act truthfully.” However, the sanctions currently available do not include removal from office or criminal sanctions.

Legislation on the issue is supported by the Labor government in Wales, as well as opposition parties such as Plaid Cymru and the Liberal Democrats. Other supporters include Open Britain, religious group The Quakers and members of the UK Democracy Network.

It was opposition parties – and a few Labor rebels like Lee Waters MS – who forced an amendment to a separate bill to create a new offense of lying in the Senedd.

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However, it was withdrawn after the government committed to introducing separate legislation with proper consultation and a legal framework.

Committing to introducing legislation before 2026, the Welsh Attorney General said: “The Welsh Government will bring forward legislation before 2026 to disqualify members and candidates found guilty of intentional deceit at an independent trial and will ask the Committee to do so to make suggestions.” .”

However, the consultation now appears to be moving away from this commitment by debating whether candidates – not just currently elected Senedd members – should be affected by the law and whether it should simply be a civil rather than criminal matter.

This could be due to concerns about the potential pitfalls of banning lying in politics, including the need to balance protections for free speech with the desire for greater accountability. Concerns have also been raised about the risk that malicious complaints could be used as a political weapon – with political activists denouncing their opponents en masse.

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But Jennifer Nadel, director of the campaign group Compassion in Politics, which helped push the legislation, said so Byline times: “We are firmly convinced that the sanctions must be criminal. Lies must be treated with the necessary severity. It’s also about restoring trust. If politicians create fewer opportunities for self-policing than is the case elsewhere, that is problematic.”

The British government plans to pass a Hillsborough law that would impose a “duty of candor” on officials and public bodies to tell the truth in investigations.

However, the legislation will “place a greater obligation on civil servants than on their political masters” when it comes to telling the truth, says Nadel – unless politicians pass similar laws against lying politicians.

“Right now, lying is working… The benefits far outweigh the sanctions. The only way to tip the balance is through disqualification. That’s what people like Nigel Farage would fear, that’s what Boris Johnson would fear, that’s what Donald Trump would fear – not being able to retain office because of their tactics,” Nadel adds added.

Compassion in Politics understands that the punishment for deliberate deception by politicians could include prison in “extreme” cases.

Nadel reacts to fears of a “chilling effect” among politicians if they are prevented from lying – for example if they are often reported to the police by political opponents: “It is only a tiny number of statements that would be made .” Violation of the law. But those are the most harmful ones, polluting the water for everyone else.”

“It would not apply to situations where someone made an innocent mistake and withdrew it. There would be cases involving national security or market-related decisions where a minister might have to engage in obfuscation, but that occurs in a tiny, exceptional number of cases,” she adds.

Compassion in Politics has responded to the consultation, calling on the Welsh Government to stick with plans for a new criminal offense against deception in politics and calling on candidates to be included in the scope.

The group is also aiming to meet with ministers in Westminster to secure UK legislation. There have been signals so far that Britain’s Labor Party would not support a new crime, but the new government has set up a modernization committee in the House of Commons that could look at strengthening MPs’ code of conduct.

Meanwhile, Nadel argues that Wales is “at the global forefront in the fight against dishonesty in politics”.

You can view the Welsh Government consultation paper on the new law Here.

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Josiah Mortimer also writes the column “On the Ground,” exclusively for the print edition of Byline times.

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