Wales might be the primary country on the planet to criminalise politicians who lie

Trust in British politics and the electoral system has never been lower. One of the most important reasons for this lack of trust is the widespread belief that some politicians have made a habit of lying to the general public. A study published in 2022 showed that the British public overwhelmingly wanted lying politicians to face consequences.

And while the UK general election is making headlines, a proposal from the Welsh Senedd (Welsh Parliament) is attempting to unravel this problem by Introduction of latest laws that will criminalise politicians who lie. If passed, Wales can be the primary country on the planet to introduce criminal sanctions for lying politicians.

The proposals are led by former Plaid Cymru leader Adam Price, who described a “credibility gap” in British politics as a “yawning chasm”. Price has been pushing for such changes because the mid-2000s, when he sat down for the impeachment of Tony Blair due to Iraq war.

Price attempted to criminalize politicians who lie, but failed when laws was passed in May that will limit the scope of House of RepresentativesBut a cross-party committee has now voted in favour of Price's proposals and consideration is being given to including them in the brand new Elections and Elected Bodies (Wales) Bill as a substitute.

Under the proposals, it might be an offence for a member of the Senedd or a candidate for election to the Senedd to intentionally or with intent to mislead make or publish an announcement which is understood to be false or misleading. Proceedings would must be brought inside six months of the date the statement was made.

A defence can be to 'reasonably consider' that the statement was an expression of opinion, or to withdraw it inside 14 days with an apology. A prosecution under such a law would disqualify an individual from being a member of the Senedd.

The proposals will not be yet law and the bill still must undergo further debate. Price's amendment is supported by Plaid Cymru, the Welsh Conservatives and the Welsh Liberal Democrats.

But thus far the amendment has not received the support of the Welsh Labour Government and ministers may attempt to remove it. The Welsh Attorney General (just like the British Government's Attorney General), Mick Antoniw, has said He supports the “general principle” but is anxious that the amendment “represents little more than a bad and ineffective law.”

There are also broader concerns about whether the Senedd has the flexibility Wales has the facility to make such a law. While Wales has laws regarding the Senedd operationsLegally, there are problems with this approach moving into the realm of criminal offences, and on this case it’s unlikely that the Senedd could expressly create such an offence.

The Senedd could find itself in an identical situation to Scotland when the UK government blocked the Scottish Gender Recognition Bill. In January 2023, the UK government invoked Section 35 of the Scotland Act Veto proposals to make it easier for people to alter their legal gender on the grounds that they’d undermine equality law across the UK.

Is such a law obligatory?

The Welsh Ministerial Act already exists and is designed to uphold the standards of constitutional and private conduct of ministers. The Senedd has an independent Standards Commissionerwho ‘gives impartial advice on all questions of policy relating to the conduct of Members of the Senedd’.

However, the Commissioner doesn’t cope with complaints concerning the actions of the Welsh Government and Ministers acting for the Welsh Government, nor does he investigate issues regarding the performance of Members of the Senedd. The Commissioner for Standards website conditions that it is because: “Questions relating to the performance of the Member of the Senedd in his or her capacity are essentially a matter for the voters to decide at the ballot box.”

There can be the Nolan Principles which apply to everyone elected or appointed to public office across the UK. These include the principles of integrity, openness and honesty.

The problem with the present regime is its lack of enforcement. Aside from accountability to voters during elections, there are few consequences when politicians mislead the general public. This helps fuel distrust of politicians and forged doubt on what may be believed.

Laws is usually a stepping stone to restoring trust and facilitating enforceability in other ways and with legal safeguards. In terms of standards, they’d bring politicians more consistent with what is predicted of other professions, similar to lawyers and doctors. Of course, members of those professions will not be criminalized unless they specifically break the law, but they’re held accountable in the event that they fail to fulfill certain standards and may be faraway from skilled licenses consequently.

Politically, the Welsh Government could attempt to remove the anti-lying amendments in future debates, but this may do little to signal confidence in elected politicians. In fact, it could prove more damaging.

This issue is more likely to bring to the fore the constitutional competence of the Senedd itself. But trust in politics is an issue that affects the entire of Britain. While some politicians attempt to cover the wound with a plaster, the brand new British government must work with all of the devolved administrations to take more significant steps to revive trust.

The undeniable fact that a law reminding politicians to not lie is even being considered is a grim indictment of democracy. But a cultural change in politics is clearly needed.