Llywydd issues guidance to MSs after Tory leader accused of lobbying for own 'selfish interests'

Emily Price

The Llywydd has reminded MSs of their obligations after concerns were raised that the leader of the Welsh Conservatives has been using the Senedd to lobby for his own "selfish interests".

Last week, Andrew RT Davies appealed to the First Minister to use her influence over the Labour UK Government to "stand up for Wales" on inheritance tax changes for farmers.

The changes will see farmers pay inheritance tax on agricultural property and land worth more than £1 million at a rate of 20%, when they previously paid none.

Mr Davies is a partner of a farm business called TJ Davies & Sons and owns farmland and buildings in the Vale of Glamorgan.

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'Cruel'

He posted a video filmed on his farm to social media last week explaining how the Labour's policy will affect his business.

Mr Davies said: "This farm that I’m on now is my family farm - my father and my mother built it up, my brothers and myself of worked on it and now my children work on it and hopefully their children as well.

"But the cruel betrayal by Steve Reed, the DEFRA Secretary, and Keir Starmer, the  Prime Minister, who both gave a commitment to the run up to the election that they had no intention of getting rid of agricultural property relief, poses a big question as to the future viability of this farm and many many hundreds and thousands of farms across the whole of England, Wales, Scotland and Northern Ireland."

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Financial advantage

Members of the Senedd are required to make a declaration on the floor of the Chamber if they have a direct interest in any matter they raise whilst taking part in proceedings.

The general principal is that a declaration should be made if the Member has a financial interest and will "gain financial advantage greater than that which might accrue to the electorate generally."

The circumstances of a declaration under Standing Order 2.6 and 2.7 are very specific, and have never been triggered in the history of the Senedd.

The responsibility of whether a declaration should be made lies with the individual - the Llywydd is unable to rule on whether an MS should have declared a relevant interest or not.

Breaches

Under the Members’ code of conduct, alleged breaches of these Standing Orders can be referred to the Senedd Commissioner for Standards for investigation.

During FMQs last week when Mr Davies raised inheritance tax for famers, he did not declare an interest.

Labour MS Alun Davies made several calls for a point of order but was refused by the Presiding Officer, Elin Jones.

The backbencher raised a similar point of order regarding whether declarations of interest should have been made by Andrew RT Davies on November 5th when he pressed the FM on inheritance tax.

During the exchange, Eluned Morgan called on the leader of the Tory Senedd group to declare an interest but he ignored her request and continued with his line of questioning.

We asked the Llywydd why Mr Davies has been allowed to raise inheritance tax during Plenary when the policy will have a direct financial impact on his own farm business.

After our request for a statement on Tuesday (November 26), all MSs were sent guidance highlighting the rules around declaring an interest during proceedings.

Intervention

A spokesperson for Elin Jones told Nation.Cymru: "The Llywydd has sent a note to all Members today to remind them of their obligations under Standing Order 13 re declaring interests in Plenary. Failure to declare an interest is a matter for the Standards Commissioner, not for the chair."

Alun Davies welcomed the intervention by Ms Jones.

He said: "It is clear from this statement that Andrew RT Davies continues to disregard the rules of conduct and is deliberately seeking to undermine our standards.

"This is no accident. It an intentional disregard for the code of conduct."

Mr Davies did not ask any questions on inheritance tax for farmers during FMQs today - but it was raised by shadow rural affairs minister James Evans who declared an interest as required because he is a farmer himself