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.

Nos Galan

The Nos Galan races were again this year a terrific success. I'm pictured here with my fellow Plaid candidate and running partner Ioan Bellin. We both improved our times on last year - though given that my time improved by one second to 21.39 - it'll be another 100 years before I'm in the elite category!!!

I was delighted to see so many friends running Nos Galan and it really is a great event. A big thank you too to the volunteers who make it happen. For one night political rivalries were put to one side and I was inspired onwards by the encouragement of Cllrs Crimmings and Ward - thanks both!

The key thing with running and training is to keep it up and over Christmas I was talking to a friend about the really great Cwmaman Dragons running group run by Lee Davies and Tony Dally. I hope to join them soon - but if you're looking to start training now for Nos Galan why not join the dragons - or do a spot of Nordic Walking with Lee at the Country Park on a Saturday.

The End of the Liberal Democrats is Getting Closer

We now have a clearer view of the position of the Liberal Democrats on tuition fees:

Nick Clegg, Vince Cable and other leaders will vote in favour (thus ensuring in all likelihood that Higher Fees are introduced)
Simon Hughes and others can't apparently make up their minds and therefore will abstain (again helping the Tories to get fees through Parliament)
and then apparently a number of backbench Lib Dem MPs including Roger Williams and Mark Williams from Wales will vote against

And this from a Party that pledged not to increase fees! Less a Party more a rabble in the current circumstances.

More than anything however going into government has exposed the very significant weakness of the Lib Dem political position. You can for a while get away it seems with being all things to all people, and very different things to very different people. This can 'work' as long as you are in opposition - but in Government such an approach gets exposed for precisely what it is - political opportunism with very few core beliefs. This is I'm sure what we're seeing now, and will see again over the next few years as Lib Dem MPs whose politics range from a harder left position that most Labour MPs in some cases, to considerably more right wing that the majority of one-nation conservatives.

The problem for the Lib Dems is that they are not one party - rather a disparate collection of protest groups that didn't find a comfortable home in the UK context in either the Tories or Labour.

The next few years will be very interesting in terms of the rise and fall of the Lib Dems.

Managed badly we could return to Liberal representation akin to the 1950s where no one is happy with the direction of the Party. Alternatively, Clegg and his team could set out a right wing socially and economically liberal political position. This would undoubtedly be challenging, many members would leave, particularly in Wales and Scotland, but at least the Liberals would have a definitive political position to face the next election. Anything surely would be an improvement on the current 'position'.

Tackling Top Pay

During the General Election Plaid put forward proposals to link the pay of the most senior managers in an organisation with the average pay. I think its fair to say that the other parties weren't overly keen on the idea! Imagine my surprise today then to read a proposal from a UK Government Commissioned report to link top to bottom pay in the public sector. Coverage of the Will Hutton report is here on the BBC.

I would support such a move, but more importantly why single out the public sector. I'm convinced that such wage policies in the private sector too would lead to improvements and encourage the most senior managers in a company to align their interests more closely with the average worker.

Conservatives in Chaos

There's been an interesting exchange overnight on Twitter between Vaughan Roderick (@vaughanroderick) and others about the Conservatives rapidly unravelling budget policy. Apparently within 24 hours we've been treated to three different versions of how the health budget will be protected. Now you might think that the difference between the GDP deflator and RPI is so minimal that it wouldn't make much of an impact - but actually the difference by the end of the next Assembly term would be £200 million every year - an enormous chunk of the Welsh budget.

There is a very serious underlying point here about the Conservatives in Wales. They have worked hard to present themselves as the acceptable face of Conservatism - and it seemed they were making some progress. The UK Government's cuts programme has taken us right back to the 1980s, and therefore they have been desperate to regain the initiative in the Welsh context and present themselves in a positive light. But rather than look in detail at the challenges facing the Welsh budget, I suspect the headline chasing instincts of Andrew RT Davies, overruled the more rational and careful members of the Conservative team in Wales.

The Conservatives are now left with a very real dilemma, the 'policy' was clearly ill-thought through and if anyone is any doubt, just listen to Andrew Davies trying to defend it yesterday on Good Morning Wales. The detail of the policy needs to be worked through very rapidly and effectively - and be clear that this will be painful - every school in Pembrokeshire, the Vale, Denbighshire etc that will be closed by the Tory spending plans will I'm sure be identified! But the Tories have to do their homework, and explain their cuts; because it is one scale of problem to adopt bad policy - to adopt an incredible policy which every journalist knows isn't worth the paper is written on is fatal.

Caring for Carers

I was sadly not surprised to see the BBC story this morning on the number of young carers in the UK. The story details how there are four times as many carers as previously estimated. Having visited RCT Crossroads and found out about the excellent work they do, and seen friends and relations caring for their relatives I know how vitally important carers are.

The danger in the current circumstances is that the very important support for carers may be cut in the midst of widespread public sector cuts. The truth however is that unpaid and with little thanks this army of carers makes an enormous contribution to society and if they stopped their activities the burden on health and social care budgets would be far higher.

Remembrance Sunday / Concert

I was delighted to join Cllr Brian Arnold and the Legion in Ynysybwl yesterday evening for a Remembrance Concert. There really was a feast of entertainment laid on including Tylorstown Brass Band fresh from winning the UK band championships, Ynysybwl Ladies Choir, Ystrad Mynach Male Voice Choir and the Ynysybwl Drama Group. There was also a formal service of remembrance and poems read by Tiegan James - the Grand-daughter of Leighton James, Secretary of the Legion in Ynysybwl.

It was a very well put together evening and I particularly enjoyed the Band's rendition of Benedictus by Karl Jenkins, having heard a really interesting interview with him on the Roy Noble programme on Thursday afternoon.

It was also good to catch up with Arfon Williams who has done excellent with the Golden Grove appeal - raising money to create a centre for the care of veterans suffering from PTSD in Wales. He's a remarkable man, and the team has already raised over £100,000 for this centre.

The most sobering element of the evening was the address by the President who told us that more soldiers who served in the Falklands have now killed themselves since coming home, than were killed by the Argentinians during the conflict. If ever there was a stark warning about why we must invest in veteran's service then that is it.

Student Fees and the NUS/UCU Demo

Sian Taylor from the Students Union at Glamorgan has posted a link to an NUS video of the real story of the demo on Wednesday. It is a real shame that the papers are focusing on a small element of the demo, when tens of thousands of students and lecturers turned up to make a very clear statement about the impact of fees. The video is on youtube here. Its worth having a look at.

You may also think why are we worried about what's happening on student fees in England? But if fees at £9,000 are introduced in England it would have an enormous impact on the Higher Education Sector in Wales and lead to some very challenging choices indeed. The answer of course is to defeat this proposal in the House of Commons - and it'll be interesting to see what the Liberal Democrats - Ministers and MPs do on this particular issue. It cannot pass without their support.

Supporting RCT Workers - Call in ACAS

I was very pleased to see the GMB supported by Unite calling on ACAS to play a role in the very serious industrial dispute in RCT. The story is on the BBC website here. It is very important that these issues are resolved as soon as possible - I can only imagine how workers in RCT must be feeling facing Christmas the uncertainty of cuts hanging over them.

While I think involving ACAS would be a very good move, I was very surprised to see a letter from Labour's AMs and MPs in the area backing the Council in a letter published in the Leader and Observer. The one omission from the letter was Ann Clwyd MP. I wonder what her position on the dispute is?

More on RCT Threats to Staff

I'm very pleased that the Western Mail, Echo, BBC and HTV have given considerable coverage to the RCT story. I suspect that some Council official hoped they could get away with treating staff like dirt without a big fuss. Thankfully the GMB seem happy to fight for the workers and stand up against the Labour Party's approach, and we should all support them and RCT's Council employees in this very important fight.

Here's the link to the Western Mail story.

The BBC story is here.

RCT Staff Threatened by Labour Council

I was appalled last night to hear that Labour are threatening 10,000 workers in Rhondda Cynon Taf with a ‘lock-out.’ The Labour-run council has by-passed trades unions and is trying to force staff to accept lower terms and conditions of employment without any negotiations. They are also refusing to rule out compulsory redundancies. The GMB has already called for immediate talks and for the Council to lift their threats to employees terms and conditions.

I'll do everything I can to help. Isn't it appalling that a Labour Council is behaving just like a Tory Council!

My colleague Plaid Cymru AM for South Wales Central Leanne Wood AM has said:
“This is outrageous right-wing behaviour by the Labour party in Rhondda Cynon Taf. Compulsory redundancies have not been ruled out and the Labour leadership on the council has ensured that the unions are shut out of any meaningful discussions about the future of the staff. Labour is the only party to have done this in Wales – first in Neath and now in Rhondda Cynon Taf.
"The Tories have taken similar action in England but not even they have dared to do the same in Wales . The Plaid group on the council have battled to prevent this non-negotiable down-grade of workers' terms and conditions, but the ruling Labour group ensured changes were voted through.
"Before the last election, Labour were telling people that only they could stop the Tories. Now they are behaving exactly like them.”

Here is a link to the details on the GMB Website.

New Restaurant in Aberdare

I was very pleased to be invited last night to the opening of a new Indian Restaurant in Aberdare - a Taste of Raj. Karim, the owner and his partners already have restaurants in Merthyr, Nantgarw and Ystrad and their new venture looks as though it will be a roaring success.

The food was great and the company good. I'm pictured here with Karim and Mohammed Sarul Islam - a friend and a Plaid Councillor in Cardiff. The official opening was done by Simon Lloyd and it was a pleasure to join him and his son Simon for the first meal. I particularly liked the Chicken Korahi, though Simon highly recommended the Lamb and Spinach.

I was also interested to hear some more about Simon's efforts as mayor to build links between local businesses - because of course the more local businesses support each other, the more sustainable the local economy becomes.

Good luck to Karim, and if you're looking for a good meal out in Aberdare the Taste of Raj is definitely somewhere to visit.

Our Colonial Government ... the end of Britishness?

The last week or so has seen a cascade of announcements from the UK Government about Wales with potentially more to come. So for we have:
* the demise of S4C
* the closure of the passport office in Newport
* the scrapping of the Severn Barrage without any commitment to invest in renewable tidal power (e.g.lagoons) in the Severn estuary
* going back to the drawing board in St Athan
and to cap it all today in all likelihood the ditching of the electrification of the South Wales to London mainline

I think what marks out these announcements in particular is a callous disregard for the people of Wales - based on a shared Conservative and Liberal Democrat zeal for cutting public services.

Now the more cynical might think - would you expect anything else?

However for the most part successive Conservative and Labour UK Government's and their Secretaries of State in Wales have pursued a largely common approach. While they may not have done much good, for the most part they didn't do much harm either (with the notable exception of John Redwood). Now, this may have been implicit, but there always seems to have been an underlying 'understanding' with the Welsh people. The British Government will invest e.g. the Royal Mint, Steel Mills, attempts to attract foreign direct investment, the ONS in Newport etc - in order at least in part to maintain the cohesiveness of the UK.

Put somewhat less positively though Wales is on its knees, the British Government has in the past agreed to provide some assistance, as long as we listened to their whispered counsel that if we were to try and stand on our own two feet we would inevitably fall flat on our face!

How times have changed - the new English Conservative - Liberal Democrat government is heedless of the historical approach, and seems destined, whipped up into a right wing ideological fury, to kick Wales hard and to grind our face into the ground.

With devolution now here to stay things I'm convinced that things will never be the same again - decent Conservatives and Liberal Democrats in Wales (and there are some) will face a major choice over the next few months. Will they revel in their Government's attack on Wales or will the join the fight back and join those of us that have long believed that we could and would do far better standing on our own two feet as a country and a people? We shall see, but I have little doubt that the vast majority of the people of Wales will never again trust an English Government to benignly look after their interests.

The Defence Review

With much fanfare and pre-briefing the UK Government has announced its widely anticipated defence review.

The identification of cyber warfare and terrorism as the major security threats of the forthcoming decades is clearly correct. During the General Election campaign, I argued strongly that our forces needed to be suitable for the security threats of the 21st century - not for running an empire long gone! Needless to say both Tory and Labour politicians were keen to attack such a position - and yet now we have elements of the review clearly supporting our analysis. The decision to renew Trident has been put off for at least five years - testimony to the folly of such potential spending.

And as for the aircraft carriers ... it seems we will get two aircraft carriers - one which will carry no aircraft and another which could be sold within three years! And no - that isn't a line from a stand up comedian - that is the UK Government's plans for its 'carriers'!

There a major security challenges facing Europe over the next decades yet this half baked plan of the UK Government will waste more money and take us nowhere close to a well resourced force to deal with the security challenges ahead.