Complaints against Senedd members leap by 167%

Chris Haines ICNN Senedd reporter

The standards commissioner received 190 complaints against Senedd members in 2023/24 – an annual increase of more than 167% and 331% over two years.

Douglas Bain, who investigates complaints against misbehaving members, said the number of complaints received is the highest since 2020/21.

In his 2023/24 report, which was published this week, Mr Bain put the avalanche partly down to two unnamed Senedd members – who were subject to 58 complaints between them.

He added that one member of the public made a further 26 complaints.

“Nonetheless, it is clear that even without these individual contributions there was a very significant increase,” he warned.

‘Scrutiny’

“I do not believe that this increase in the number of complaints received indicates any reduction in the generally high standard of conduct of Members of the Senedd.”

Mr Bain, who was appointed in 2021 after a stint as acting commissioner, pointed out that the number of inadmissible complaints was the highest in the past four years at 84.

He wrote: “On one view, the increase in the number of complaints is to be welcomed as demonstrating a greater public interest in and closer scrutiny of the work and conduct of MSs. That public scrutiny plays an important part in our democratic process.”

Mr Bain received 53 complaints relating to conduct on social media, three on misuse of resources, 17 on the standard of services and 24 on the register of interests.

The commissioner also dealt with 29 complaints on ministerial conduct or behaviour in plenary with 64 complaints classified as “other”.

‘Very drunk’

Mr Bain, who is based in Northern Ireland, said: “Comments made by Members on social media were … by far the most common subject for complaints.”

The commissioner said many were inadmissible but he urged Senedd members to take great care when posting, sharing or liking anything on social media.

He told the Senedd a high proportion of his time was taken up by a complaint against Rhys ab Owen and grievances surrounding the change to a 20mph default speed limit.

Mr ab Owen, who sits as an independent, was given a 42-day suspension in March for breaching the code of conduct by bringing the Senedd into disrepute.

The commissioner said he received a complaint that a “very drunk”  Mr ab Owen twice called a woman a bitch after leaving the Wetherspoons in Cardiff Bay on June 30, 2021.

‘Blanket’

Mr Bain said the complainant said the former Plaid Cymru MS placed his hand on her thigh near her groin in the back of a taxi – an allegation Mr ab Owen denied.

He wrote that Mr ab Owen raised concerns about the fairness of the complaints process, claiming the investigation contravened his human rights.

Mr Bain said he received 30 complaints relating to the 20mph default speed limit, evenly split between people opposed to the new limit and those in favour.

The standards commissioner cleared Andrew RT Davies – leader of the Tory group in the Senedd – of breaching the code of conduct for describing 20mph as a “blanket” policy.

He was satisfied that the “blanket” description was “imprecise and inaccurate” but he concluded that that is not synonymous with being untruthful.

‘Back burner’

Calling for more powers, Mr Bain raised concern about the rules governing the standards commissioner which have not been updated in 15 years.

“During that period a number of deficiencies have been identified,” he wrote. “Amongst the most important of these is the absence of a provision empowering the commissioner to initiate an investigation without the need for a complaint.”

He warned this renders rules around lobbying the commissioner and making frivolous, vexatious or manifestly unfounded complaints of little value.

Mr Bain said: “Whilst I appreciate the pressures on Senedd time, I do not consider that reform of the measure should remain on the ‘back burner’.”

In the annual report, the total cost of the standard’s commissioner’s office was £133,992 in 2023/24 – a near-25% increase on 2021/22.