Welsh Senedd member claims its Code of Conduct unfairly prevents politicians from defending reputation, calls for urgent reform

A Welsh Senedd member found to have breached the Code of Conduct after confidential information was shared with the press has called for reform of the Code, arguing it unfairly prevents members from defending themselves against "unfounded allegations".

Speaking in the Welsh Senedd on Wednesday (30 April), Siân Gwenllian MS said the current Code restrains members from defending their reputations "when they are being unfairly maligned".

Her comments come after the Senedd's Standards of Conduct Committee found that she had breached the Code after details of the Welsh Standards Commissioner's decision to dismiss allegations made against her were sent to a newspaper.

Gwenllian later admitted to disclosing three sentences from a confidential letter sent by the Commissioner, which explained why separate complaints made against her had been deemed inadmissible.

Following an investigation carried out by the Commissioner, the Welsh Senedd's Standards Committee concluded that Gwenllian had breached rule 15(i) of the Code, which states:

Members must, in relation to the disclosure of information:

1. that is confidential or otherwise protectively marked, only disclose it when authorised to do so by the person or authority controlling the information or when disclosure is required or permitted by law

However, the committee took no further action and noted that, despite the breach, there was no evidence of an intention to acquire any personal gain from the sharing of the information.

It also said it shared the Commissioner’s view that Gwenllian shared the information "in order to defend herself from inaccurate reports being made about inadmissible complaints".

"However, in seeking to rebut allegations made in relation to other complaints, the Member inadvertently made herself subject to a further complaint", the report said.

It added: "Members should remember the importance of respecting the confidentiality requirements set out in the Code and be mindful that express permission to share such information must be sought."

Speaking in the Senedd, Gwenllian highlighted part of the Commissioner's report that said confidentiality within the complaints process "must be proportionately balanced" in respect of Article 10 of the European Convention on Human Rights, which protects the right to freedom of expression.

The Commissioner added: "This case highlights the fact that Members face a disadvantage in terms of freedom of expression compared to complainants who are not Members, as the latter cannot be held accountable in the same manner for breaching confidentiality rules.

"Consequently, Members can find themselves obligated by their Code to remain silent in response to complainant-led public allegations, some of which may have already been assessed and deemed inadmissible by the Commissioner, as in this case."

The Commissioner said further consideration of Article 10 in relation to rules on confidentiality may assist in easing the "inequity that currently exists between Members and complainants who are not Members".

"I believe that due to this inequity, the Article 10 position merits further ethical and legal consideration", they added.

Gwenllian urged the Senedd to work on reforming the Code "without delay".

She said: "The Senedd must strike the right balance—ensuring that complainants feel confident in coming forward and that their confidentiality is protected, while also upholding the fundamental right of Members of the Senedd to defend their reputation and challenge falsehoods.

"In today's climate, it is all too easy to direct blame at politicians. And yes, people must be empowered to speak out when wrongdoing occurs. But this must never come at the expense of an individual's right to defend their integrity."

Responding to Gwenllian in the Senedd session, the Standards of Conduct Committee Chair, Hannah Blythyn MS, said the committee is “very much committed” to addressing the issues raised in the Commissioner's report.

She added: "The committee is absolutely committed to doing what we can to strengthen the processes in place ahead of the next Senedd elections that not only give that confidence in the system for anybody coming forward but that add transparency in our politics in our institutions and in our processes as well."

Adam Carey