New white paper sets out blueprint for ban on Senedd politicians lying

Emily Price

A new white paper which provides a model for the Welsh Government’s plan to create a law that would ban politicians from lying has been submitted to the Senedd.

The Institute for Constitutional and Democratic Research (ICDR) released the proposal titled ‘A Model for Political Honesty’ on Monday (October 7).

The leading think tank provide legislators and officials with non-partisan, strategic advice on constitutional issues.

The new white paper sets out a blueprint for a law that would see Senedd politicians penalised if they deliberately mislead the public.

The think tanks says the plan uses structures in existing regulatory regimes, such as anti-social behaviour and planning, to create a new model which would both penalise politicians who mislead the public – and protect freedom of expression.

Deception

The Welsh Government has committed to bringing in ban on politicians lying before the 2026 Senedd elections.

Such a law would disqualify Senedd politicians and candidates found guilty of deliberate deception from being an MS.

The ICDR has convened a working group, comprising of leading experts across politics, public policy, academia and law to develop the model.

The think tank says the new regime must conform to four key principles. It must:

• • Represent a decisive break with the failed models currently in place;
  • Be independent and non-political;
  • Provide swift resolutions;
  • Differentiate between false and accurate statements and preserve freedom of speech.

Correction

The white paper proposes that where a court finds that a politician has made a false or misleading statement of fact, it can issue a ‘correction notice’ requiring the politician to issue a public correction.

If the politician refuses to comply with the notice within seven days, the model proposes that the court can impose a ‘disqualification order’ which prevents a politician holding office in the Senedd for a specified period of time.

Crisis

Sam Fowles, Director of the ICDR, said: “The Senedd rules already require politicians to tell the truth as do the internal rules governing the Westminster and Scottish parliaments and the Northern Ireland Assembly.

“The problem is that these rules are not properly enforceable. The crisis of trust in politics has occurred because there is currently no genuine incentive for politicians to tell the truth.

“The ICDR Model will reverse that by requiring politicians to correct the record when they mislead us. It will mean that we, as voters, are better informed and can properly hold power to account and thereby make Wales one of the most advanced democracies in the world.”

The ICDR engages with select committee and public inquiries as well as officials in Westminster, the devolved legislatures and executives, and local government.

It’s known for its work in Westminster as the secretariat for the All Party Parliamentary Group on Democracy and the Constitution during the 2019 to 2024 parliament.

The think tank also supported parliamentary inquiries into the policing of the Clapham Common vigil for Sarah Everard, judicial independence, and voter ID laws.