Westminster standards chief urges Senedd to heed public on recall system

Chris Haines, ICNN Senedd reporter

A new recall system allowing voters to remove misbehaving Senedd politicians between elections must command public confidence, the UK’s standards watchdog has stressed.

Daniel Greenberg, the UK parliamentary standards commissioner, gave evidence as the Senedd scrutinised plans for Wales to follow in Westminster’s footsteps.

Under the recall bill, the Senedd would adopt a similar system – with some tweaks due to differing electoral systems – to one introduced in the House of Commons in 2015.

Mr Greenberg, who investigates MPs, told the Senedd's newly formed accountability committee that the public view is "absolutely key" to the success of the new system.

However, appearing before the committee today (November 25), he said he had seen no evidence that the Recall of MPs Act has improved the conduct of politicians.

In Westminster, a 10-day suspension leads to a recall petition but the Welsh bill includes no detail of the triggers other than a custodial or suspended sentence of 12 months or less. Sentences of more than 12 months already lead to disqualification.

Mr Greenberg said the proposed approach of leaving the detail to recall guidance, to be issued by the Senedd’s standards committee, leads to flexibility but a lack of certainty and “perhaps a little bit of a lack of openness and transparency”.

But, on the other hand, he said a 10-day automatic trigger is inflexible, adding: “Whichever of the two options you choose has an inevitable upside and an inevitable downside.”

The lawyer argued the bill effectively puts off the challenge of steering between flexibility and certainty rather than addressing it within the proposed legislation itself.

He said: “This is a question of public confidence… The desire to have real trust between the body politic and the public is what underpins the entire standards system.”

‘Automatic triggers’

Mr Greenberg stressed: “My views about whether a 10-day trigger is more or less effective are much less important than views that you will hear from members of the public.

“And I’m sure… you are inviting many members of the public and third-sector organisations to come and talk to you about their perception of the effectiveness of the standards regime.”

Senedd members have taken evidence from the Welsh standards committee, commissioner Douglas Bain and the Electoral Commission. They will hear from the Commons standards committee and lawyers this week then conclude with evidence from ministers next week.

Asked about whether conduct such as sexual harassment or fraud should be automatic recall triggers, Mr Greenberg replied: “I do feel that the public are absolutely key here… and I’m not in a position to speak for them.”

He welcomed the introduction of “lay” members on Westminster’s standards committee – which has a 50:50 split, as well as voting parity, between independent and elected members.

‘Marking your own homework’

Mr Greenberg said: “An independent element of the system is something that, I hope, very much enhances public trust… the only thing we are here to achieve.”

He also pointed to an independent expert panel which hears appeals and the Independent Complaints and Grievance Scheme – features lacking from Wales’ standards system.

“Independence is vital,” he told Senedd members.

“I often say to MPs that, inevitably, one of the dangers of the standards system is that – from the public’s perspective – the necessary degree of self-regulation can risk a ‘well, you’re marking your own homework’ kind of allegation.”

Under the bill, the Welsh Parliament’s standards committee would introduce lay members for the first time with only a two-year cooling-off period before former Senedd members can join.

Mr Greenberg raised the danger of the public perceiving former politicians as “reincarnated” rather than truly independent members despite the valuable experience they may bring.

‘Open justice’

He said: “I think this is something where the public view, which I’m sure you will acquire, really is worth much more than any view I might suggest.”

The bill also would see Wales follow Westminster's lead by giving the Senedd’s standards commissioner “own-initiative” powers to start an investigation without needing a complaint.

Mr Greenberg, who already has such powers, said investigations must be subject to the same rigorous, evidential standards as opposed to “fishing expeditions”.

He told the committee: “In terms of overarching scrutiny… it is an important tool,” suggesting the additional flexibility enhances credibility and public confidence.

On appeals, he emphasised the importance of fairness and transparency, reminding Senedd members of the legal principle that “justice must not purely be done but be seen to be done”.