New rule for Senedd Members will close social media posts ‘loophole’
Emily Price
All members of the Senedd have been warned about posts they publish to social media following an investigation by the Standard’s Commissioner.
A new code of conduct rule is set to be introduced to make clear that Senedd Members are responsible for their own social media posts even if they are published by staff acting on their behalf.
It comes following an investigation by the Senedd watchdog Douglas Bain regarding a complaint about an MS’s online conduct.
Although Bain did not name the MS in his report, Nation.Cymru understands the complaint related to posts published online by Welsh Conservative MS Andrew RT Davies.
The complainant claimed that posts on X, formerly Twitter, in the name of the former Tory leader “disseminated misinformation about them” and had engaged with an account “known for racist, divisive, and Islamophobic content.”
The complainant also claimed that following the social media posts, numerous threatening and abusive comments had been made about the complainant and its staff and that these had been referred to the police.
Nation.Cymru understands the complainant to be an anti-racism organisation.
It was established by the watchdog that a member of staff employed by Davies had posted a video and text in response to a link shared by another organisation.
The version of the video shared by the member of staff had originated from a platform that contained “grossly offensive posts”.
The Commissioner noted that the video had been shared by several far-right social media groups and individuals and that following this, the organisation, its staff and volunteers were subject to abusive and threatening posts on social media.
During his probe, Bain found that with Davies’ permission, the staff member that posted the video had published a “significant proportion of posts” on the South Wales Central MS’s social media accounts for several years.
Although the staffer is not named in Bain’s report, a Senedd source told Nation.Cymru the complaint related to posts published by Davies’ senior advisor, Vale of Glamorgan councillor George Carroll.
Agreement
The Commissioner stated that although a staffer had published the posts, “it was also clear that the Member was in full agreement with the text posted by their employee which was very similar to text that had been posted on several previous occasions.”
Bain said that complaints about previous social media posts by Davies had been dismissed because, “although inaccurate, they were neither untruthful nor dishonest”.
The Commissioner concluded that no breach of any relevant provision had been established.
However, in his conclusion, Bain highlighted that there is currently nothing in the Senedd’s code of conduct making a Member vicariously responsible for the conduct of their staff.
He said: “Although I am clear that there was no attempt by the Member to avoid the Code provisions, the absence of any provision making Members responsible for the conduct of their staff provides a loophole that could be exploited by any unscrupulous Member.
“The Committee may wish to consider how this loophole could best be closed.”
No breach
The Senedd’s Standard’s Committee agreed with the Commissioner’s findings that the Davies did not breach any Senedd Rules.
However, consideration of the report prompted the Committee to reflect on the need to explicitly state that the responsibility of information published in an MSs name lies with them.
The Committee said: “It is for the Member to decide the autonomy given to their staff in which to act on their behalf.
“However, when members of staff are acting explicitly in the name of the Member and it appears to the public as if it were the Member themselves (for example posting on a social media account in the Member’s name), then ultimately the Member should take responsibility for any such actions being in accordance with the Code.
“Exonerating Members of responsibility when information is published explicitly under their name goes against the spirit of the Code, and may inadvertently provide Members with a means to by-pass relevant provisions.”
The Committee added: “We would also like to take this opportunity to remind Members about the negative impact their actions can have on individuals and organisations.
“Members who attach their names to posts such as the one under investigation in this report, have a responsibility to examine their sources properly, knowing that their name and position as elected office holders gives credence to the messages they are relaying.”
Any changes to the Welsh Parliament’s code of conduct require the agreement of the Senedd.
The Committee says it intends to bring forward recommendations in this area as part of its wider review of the code before the next election in May.
Senedd Members have beeb warned that until these changes have been agreed and published, any future complaints relating to social media posts will be considered in line with the conclusions set out in Bain’s report.
This means that a Member will not be able to absolve themselves of responsibility by relying on the fact that a member of staff has posted on social media on their behalf.
Andrew RT Davies, George Carroll and the Welsh Conservatives were invited to respond.
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Davies sailing close to the wind again. I can’t wait for May to wave him goodbye from politics in Cymru
And sit him in a small dinghy and let him drift away.
He has crossed the line so many times including asking a nazi saluter to get involved in deposing Welsh Labour.
He backed braverman till she was sacked. Again. Regularly interacts with Jenrick, who has gone further than Enoch Powell. How artd is not in reform yet I don’t know.Its his natural home.
Imagine spending decades building an honourable and decent career in public service only to be told, after a purge of the moderates, that your job is now to be as dishonourable and indecent as possible because that, apparently, is a vote winner.