THE deputy first minister, Huw Irranca-Davies, reiterated a promise to introduce legislation disqualifying lying politicians, amid concerns about vexatious complaints and politicisation of the courts.
Mr Irranca-Davies restated the pledge as he appeared before the Senedd’s standards committee to give evidence to an inquiry about accountability on 2nd December.
Labour’s Lee Waters questioned if the commitment to a bill on disqualifying politicians found guilty of deception through an independent judicial process, will be kept by 2026.
Mr Irranca-Davies told the committee: “Come what may, that commitment stands.”
But he warned of practical complexity in disqualifying candidates and Senedd members, raising further concerns about politicisation of the courts and vexatious complaints.
Mr Irranca-Daves said any new legislation would need to be cognisant of freedom of expression, under Article 10 of the European Convention on Human Rights.
He stated proportionality will be the key test of compliance with human rights law. The standards committee is weighing up recommendations including creating a criminal offence of deception, a civil offence, or strengthening the existing self-regulation system.
Mick Antoniw, a former minister who gave the initial commitment to legislation to avert defeat in a Senedd vote, argued the standards committee sits as a quasi-judicial body.
But Plaid Cymru’s Adam Price disagreed, drawing a distinction between self-regulation and an independent judicial process through a tribunal or criminal court.
Mr Irranca-Davies reiterated the commitment to bringing a bill forward before the 2026 Senedd election, saying the Welsh Government has set aside a slot for the legislation.
Turning to parliamentary privilege, which affords MPs immunity from legal challenge, Mr Irranca-Davies said the precious principle allows politicians to speak freely.
In the Senedd, privilege is limited to defamation and contempt rather than absolute but moves are afoot to provide parity across the four nations.
“We have to make sure we don’t trespass on that essential right of parliamentarians to speak freely on behalf of their constituents and against injustice,” Mr Irranca-Davies said.
Calling for the standards process as a whole to be strengthened, he backed the introduction of a system of recall, which would allow voters to boot out Senedd members between elections
He said: “It is very important, we believe, as a point of principle where members are found to have fallen well short of expected standards of behaviour that the electorate do have the opportunity to remove them.”
He described the triggers used in Westminster: a custodial sentence for 12 months or less, a suspension of at least 10 days or an expenses offence conviction: as a useful starting point.
Mr Irranca-Davies cautioned that bringing forward a bill before the next Senedd election would require “rapid manoeuvring”, with implications for the legislative programme.
From 2026, people will vote for parties rather than individuals as the Senedd ditches the first-past-the-post system in favour of a full form of proportional representation.
The next candidate on the political party’s list would be elected, with the public having no further say on who would replace a recalled Senedd member.
Mr Irranca-Davies said: “The [Welsh] Government remains firmly of the view that there isn’t a form of by-election, that you would see under the first past the post system, that would work within this new system. The fit isn’t there.”
He argued that individuals rather than parties should be punished, warning recall could otherwise undermine the proportionality of the Senedd as decided at an election.
The deputy first minister advocated a simple yes-no public vote on whether a politician should stay in office following a recommendation of recall from the standards committee.
By Chris Haines, ICNN Senedd reporter
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