Can lying politicians be banned?

By Chris Haines, ICNN Senedd reporter

A think tank has set out proposals to ban lying politicians, with the aim of rebuilding public trust and making Wales one of the world’s most advanced democracies.

The Institute for Constitutional and Democratic Research (ICDR) recommended penalising Senedd politicians who deliberately mislead the public.

In a paper, entitled A Model for Political Honesty, the ICDR proposed a system similar to existing regulatory structures used for antisocial behaviour and planning enforcement.

Under the ICDR’s model, Senedd members or candidates found guilty of deliberate deception by an independent judicial process would be disqualified from office.

In July, the Welsh Government struck an 11th-hour deal with campaigners by committing to introduce a law on lying politicians before the 2026 Senedd election.

‘Unaccountable’

The proposed ban aims to restore public trust in politics, which is at its lowest since records began with only 9% trusting politicians to tell the truth.

More than two thirds of people support a law criminalising political lying, according to a poll,  with voters believing systems of ensuring honesty have failed.

Sam Fowles, the ICDR’s director and an expert in constitutional law, similarly argued current systems, such as the Senedd’s standards commissioner model, have proved inadequate.

He 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 paper described the current standards model as a “recipe for arbitrariness”, with the system depending on the view of one person who is “effectively unaccountable”.

‘Failed models’

The ICDR warned the current system, which sees the standards commissioner’s decision confirmed by the Senedd, ultimately hinges on politicians “marking their own homework”.

As part of a three-month project to propose an alternative approach, the non-partisan think tank convened a working group made up of political, legal and academic experts 

The group concluded the regime must: break with failed models; be independent; offer swift resolution; and differentiate false and accurate statements, protecting freedom of speech.

Under the model, a court would issue a notice requiring a public correction if a Senedd member or candidate was found to have made a false or misleading statement of fact.

If the politician refused to comply in seven days without reasonable excuse, the court would impose an order disqualifying the politician from holding office until at least the next election.

Any voter would be able to apply for a correction order, with the court able to dismiss trivial claims early and an offence of making vexatious applications acting as a deterrent.

‘Crisis of trust’

The experts favoured a criminal law model, to send a strong signal to voters that deliberate deception is taken seriously, but found a civil law model could also be effective.

Dr Fowles, who was part of the successful Supreme Court challenge against the unlawful decision to ‘prorogue’ the UK Parliament in 2019, said: “The crisis of trust in politics has occurred because there is currently no genuine incentive for politicians to tell the truth.

“The Institute for Constitutional and Democratic Research 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.”

Plaid Cymru’s Adam Price proposed making deliberate deception a criminal offence in an amendment to the now-Elections and Elected Bodies (Wales) Act 2024.

‘Betrayal’

The plan received cross-party support in the Senedd, notably including Labour’s Lee Waters, but it was pulled at the last moment due to the deal with the Welsh Government.

Mick Antoniw, then-counsel general, committed to bringing forward a law on disqualification for deliberate deception as he invited the Senedd’s standards committee to develop details.

As part of an inquiry on accountability, the committee is also currently considering a recall system to allow voters to remove misbehaving members between Senedd elections.

Politicians on the committee discussed deliberate deception and four complaints about their colleagues’ conduct on Monday, but the public and press were barred from the meeting.

In its proposal to the standards committee, the ICDR warned that rowing back on the Welsh Government commitment would be seen as a betrayal, further damaging public trust.