Electoral Law, Lib Dem 'criminals' and Common Sense

I have followed with initial amusement and increasing surprise the twists and turns of the row surrounding the Liberal Democrat AMs John Dixon and Aled Roberts who stand disqualified from the National Assembly and accused of breaking electoral law. Though I have to confess a soft spot for Eleanor Bunrham, I do think the time for the kind of amused chit chat in the pub about the return of one of the last Assembly's genuine characters is over.

I say that as someone who has spent most of the past decade dealing with various aspects of electoral law. The key point to note about electoral law is that when applied it very rarely deals in absolute terms with offences. Electoral courts, electoral lawyers and the Senior Compliance officers within political parties understand that there are a whole range of technical offences that would never make it to the courts - the most obvious and regular one being leaflets without the precise and correct form of imprint.

Two factors emerge as important in such legal matters - intent and impact. What marked the Phil Woolas case out was the fact the he deliberately and knowingly made a false statement about his opponent AND such statements given the closeness of the result were likely to have had an impact on the result.

Lets consider these two points. What is the electoral impact of holding these offices - one could reasonably conclude that Aled Roberts' membership of the Valuation Tribunal for Wales has no impact on the Liberal Democrat party vote in the North Wales region. And even if Roberts is disqualified the impact would be for another Liberal Democrat to assume the seat. Secondly no one has suggested that Roberts and Dixon intended to hide their positions, not even their political enemies - so neither can we conclude that there is any intent to deceive here.

All of which leaves us with an offence, a technical one, a fairly minor one, but an offence none the less. So what is to be done. The Government of Wales Act does specify in Section 17 a remedy where AMs can lift a disqualification. Others have argued that it is not within the powers of the Assembly so to do - but given the explicit mechanism placed within the Act to lift a disqualification I must believe that the framers of the legislation intended the Assembly to be able to use this provision.

The Assembly must satisfy itself of two criteria.
i) that the grounds for disqualification have been removed
ii) that it is 'proper' to lift the disqualification.

The first is straightforward. The second seems less so - i.e. what is 'proper' but my view here is that electoral law provides a guide - in impact and intent. On both these grounds it seems to me that the Assembly should indeed seat these duly elected members and bring this unedifying spectacle to an end (and leave the proper authority, in my view the Assembly standards committee - to appropriately punish the new AMs).

One last point is that some have argued channelling some Perry Mason-esque desire to star in the court room that it would be a poor start to a legislative Assembly to allow these AMs to take up their seats. Good legislators in my view require wisdom, common sense and the ability to understand the application of the law. Lets see how our Assembly reacts to this first challenge and lets hope that while some may have genuine sympathy for Eleanor Burnham following her recent demotion at the hands of her own party, and others may see this through the prism of brutal electoral battles with the Lib Dems on a local level; the time has now come for some wisdom and common sense.

Plaid needs space to think

With the dust settling on the election results, I'm posting a piece I largely wrote before the polls closed. I've tried to maintain the key point without being distracted by results:

My view is that Plaid space to think anew about policy and party organisation.

I think it’s fair to say that the policy process for the current manifesto was challenging. I’m not talking about the detail of worthy programmes to be delivered in government – our experience over the past four years has been crucial in allowing us to put forward a very clear and deliverable programme worthy of any Western European Social Democratic Party. But, either through an unintentional nervousness or by design, we have downplayed the grand vision of transformative policies to reshape Wales. Incidentally, during this campaign, even when we had ideas which were innovative and radical, such as the Build for Wales company, we seemed to be almost apologetic for thinking ‘outside the box’.

It is wrong to suggest for a second that the Party doesn’t know what its purpose is in this post referendum period. Plaid has and always will exist to move Wales forward towards becoming an independent country, and I am confident that as we build and strengthen our economy we will take the people of Wales with us on that path. We must however learn how to inspire them towards wanting to achieve that aim and dislodge the quiet contentment in Wales with the under-achieving and unambitious status quo. Plaid must exude the confidence which is necessary in order to fully articulate what the our vision means in practice, in terms of the economy, our environment and our public services.

One recent document which has demonstrated some of that long-term thinking is the Greenprint for the Valleys, authored by Leanne Wood. The Greenprint is infused with the values of a century and more of decentralist socialism but placed firmly in the context of the challenges of the here and now. In years gone by, Greenprint-style documents would have been regularly produced, but I’m hard pressed to think of many similar longer-term policy papers produced by the Party over the past 12 years. Leanne took it upon herself to do some serious thinking about the future of our Valleys, but I’m convinced the broader Party needs avenues to discuss and debate the building anew of the Welsh nation. Whether that’s through formal party structures or more informal avenues, such as Plaid-leaning think-tanks, there is much work to be done. Plaid needs that space to think policy seriously in my view.

The election has thrown up some of the strengths and weaknesses of a party organisational structure that would be instantly recognisable to the likes of Lewis Valentine and Saunders Lewis! When the results are announced, I’m sure those candidates and areas where the Party has been rejuvenated and developed anew, such as Carmarthen West and South Pembs and Clwyd South, will see comparative progress. I’m not making election predictions here. I’m saying that some areas will clearly and dramatically out-perform the average national swing. [This was written pre-results and it seems vindicated by history] And it is no fluke that those are areas where candidates have taken to reshaping the party structure into campaigning structures. There is, I have no doubt, a need to think long and hard about developing a party structure that is suitable for the 21st century.

So if you’re with me on the need for serious thinking about party policy and organisation, the worse thing possible to do is to do nothing. I am not suggesting an exercise of contemplating our navels but an opportunity to plan for the future with the assurance that we have already changed Wales during the past four years. A law-making Assembly, official status for the Welsh language, an examination of the way Wales is funded, an overhaul of our NHS structures would not have happened had Plaid not decided to be a party of Government. The Party however has to decide how it can best respond to the bigger, long-term challenges facing our country and how it can be in a position to lead Wales rather than compete with the Tories for the runner-up position.

More than anything I’m convinced the Party needs space to think – about policy and organisation. As the new generation of Plaid politicians who have come to the fore during this election campaign assume greater prominence in the years ahead, we all owe it to them to react in a calm, measured and strategic fashion to the election results of 2011 – and not rush into any decisions.

Campaign Priorities

Over the next few weeks I'll be posting in detail a set of campaign priorities on this website. I'll be doing an article on each and responding to questions from electors about various issues.

The campaign is in full swing so if anyone would like to help, display a poster or a car sticker or just show your support please email me or contact me through the Facebook supporters group - 'Dafydd Trystan Davies' - advert on the side here.

To kick off my campaign postings here are my priorities in cartoon format. I know its a bit of fun - but with a serious point. Its already been covered in the Western Mail and the cartoon drawn by Dai Owen is reproduced below.

Electrification of the Valleys Lines - Stage One Success

I am delighted to say that the UK Government has supported Plaid Cymru's call for the electrification of the Valleys railway lines.

In a statement at Westminster, UK Transport Secretary Philip Hammond committed the UK Government to work with the Welsh Government to electrify the Valleys lines.

As readers will know this campaign is one of my key pledges for the Assembly election and I'm delighted that Plaid will be making it a priority for a future Government.

I am very pleased that electrifying the Valleys lines is something Plaid Cymru has been able to put on the agenda. I have been making the case for electrifying the railways in the Valleys for several years. Creating a modern transport system is essential to the future economic growth of the Valleys and to meet our challenging carbon reduction targets.

Electrifying the Valleys lines will create a quicker, cleaner and more efficient mode of transport and will allow greater capacity as well. New and modern electric trains will allow us to carry more passengers.

It will form an attractive alternative to travelling by road and will build on the improvements that have already been provided by Plaid in Government for the Valley lines, such as the extended platforms, increased carriages and more frequent services. Progressing this issue will provide huge benefits for Cynon Valley and all of the South Wales Valleys. Implementing this plan could reduce Aberdare to Cardiff journey times to three quarters of an hour.

RCT Council Staff Are Being Treated with Contempt

It was hardly surprising to learn earlier this month that council workers at RCT are being balloted over possible strike action.

The local authority has sought to pressurise the lowest-paid workers into accepting reduced terms that will see them bearing the brunt of the budget deficit.

Many people are surprised that a Labour-controlled council is behaving in such an unfair way because it is very reminiscent of how the Con/Dems in Westminster under David Cameron are seeking to make the most vulnerable pick up the pieces.

Cardiff Council and Caerphilly Council have both made savings by tackling pay in the upper echelons of the local authority – I have seen very little evidence that this approach is being taken in RCT.

Weekend enhancements and mileage rates have been targeted and this will result in some staff on the lowest pay grades losing 40% of their income. This is plainly not a fair way to tackle the budget deficit and I urge the council to step back from their stubborn stance and seek a more equitable method of tackling their financial woes.

I am sure that workers will send a resounding message to the council's bigwigs about the unfairness of the proposed downgrading of terms and conditions at a rally planned for this Saturday in Ynysangharad Park in Pontypridd. I will be there supporting Council workers.

Inspiration from Mountain Ash Comprehensive School

I've just got back from doing a debate at Mountain Ash Comp with Christine Chapman AM. It was really great to meet so many young people interested in their communities and with ideas about the future. We talked a fair deal about the referendum but I was particularly interested in the work done in groups afterwards on their priorities for the next five years.

The legislative programme of the students would include:
* Extending the Education Maintenance Allowance to all 16 and 17 year olds in education.
* Nationalising the Railways
* Improving the Buses (we talked to them about re-regulation)
* Improving sports facilities in the Cynon Valley
* Tackling problems associated with bad weather including better provision of grit bins
* Job and Wealth Creation
and finally
* Including the Welsh Dragon on the Union Flag.

The debate was lively particularly around the costs of extending the EMA and its possible consequent reduction in value, but the students were engaged and anxious to play a part in Welsh politics. Both Chris and I really enjoyed the discussion and it gives a lot of hope for the future!

The best news of all was that all the students there were absolutely committed to voting in the referendum on March 3rd.

Electrify the South Wales Valleys Rail Network

I was delighted to join our Rhondda candidate Sera Evans-Fear yesterday launching our campaign to electrify the Valleys rail network. Wales along with Moldova and Albania is one of three countries in Europe with not a single mile of electrified railway! I am convinced that upgrading these lines will be a catalyst for economic development and give the Valleys a 21st century public transport infrastructure.

We could secure new trains which would be far more comfortable that the current stock. They'd be more reliable, considerably faster and far better for the environment. We have taken advice from a number of experts and we're convinced that we have a historic opportunity to secure an excellent public transport metro for Cardiff, the Valleys and the Vale of Glamorgan.

At the launch yesterday I said : “Electrifying the railways in the Valleys makes perfect sense for a variety of reasons. It will give the many thousands of rail passengers that rely on the service to get to work the modern transport system they need. It will lead to a quicker, cleaner and more efficient mode of transport and will allow greater capacity as well. In making rail transport more attractive, we will also take the pressure off the major roads leading into Cardiff, such as the A470.

The Valleys lines have been boosted in recent years by investment provided by the Welsh Government. Platforms have been extended, trains have been given more carriages and the frequency of services has been improved - all thanks to cash provided by Plaid in Government. Sadly, the Westminster Government has not matched our ambition for our rail transport network and has instead focused on services around London. Calling for the electrification of the Valleys lines will be a major part of my campaign to get elected in May because the benefits it can provide for the Cynon will be immense.”

If you'd like to join the campaign please get in touch with me or Sera and help us secure a vast improvement for the rail network in the Valleys.