Plans to ban Senedd members for deliberately lying may be unworkable, according to the Welsh Government’s chief legal adviser.
Mick Antoniw, Wales’ counsel general, raised concerns about Adam Price’s proposals to disqualify politicians from the Senedd for deliberate deception.
The ex-Plaid Cymru leader’s amendment to the elections and elected bodies bill, which would create the offence of deception, was agreed after Labour’s Lee Waters abstained.
Giving evidence to an inquiry on accountability, Mr Antoniw said: “I’ll put my neck on the line at the moment and say I don't think criminalisation is the way that it actually works.
“I think it’s actually unworkable probably.”
He said the issue would be best considered by the standards committee inquiry, suggesting Welsh ministers will try to delete the clause during the next amending stage set for 2 July.
Vikki Howells, the Labour backbencher who chairs the standards committee, asked whether Wales should adopt Westminster’s approach to removing MPs between elections.
In the House of Commons, a recall petition can be triggered by a custodial sentence for 12 months or less, a suspension of 10 sitting days or more, or an expenses offence conviction.
Mr Antoniw broadly agreed with the criteria, emphasising the importance of consistency across parliaments while accounting for Wales-specific circumstances.
He said the 12-month threshold – above which Senedd members are already automatically disqualified – seems “rather high”, suggesting six months may be more appropriate.
Asked whether a recall system should apply to members who change their political allegiance after an election, Mr Antoniw warned it may be a step too far.
The counsel general said politicians defecting to another party risks inappropriately changing the balance of the Senedd and the outcome of an election.
But he told the committee a politician could leave a party over a matter of conscience, such as a group changing its position on an issue post-election.
Mr Antoniw argued the most effective way forward would be to ensure Senedd members cannot form or join another political party, with a requirement to sit as an independent.
Under the members and elections bill, which is set to receive Royal Assent, people will vote for parties rather than individual candidates in future Senedd elections.
He said the next person on a party’s initial list, which can include up to 12 candidates, would replace an unseated MS, retaining the make-up of the Senedd determined at the ballot box.