Gareth Lewis: Could Wales ban political lying without the police?

The Welsh government has promised to bring in a new law for the next Senedd election in May 2026 and will be part of the same plans published last week on recall of politicians who misbehave.

The committee will have some warnings ringing in their ears.

The Criminal Bar Association (CBA) says in its evidence that any extension to criminal law could be “fraught with peril” and that “great care should be executed” before creating a new criminal offence.

The CBA also questions whether legislation already exists to tackle the problem, such as Misconduct in Public Office for MSs and the Representation of the People Act for candidates.

The Law Society questions whether there might be a risk of deterring open debate in politics.

They also highlight the problem of how you prove that someone has knowingly tried to deceive.

They stress that if the Senedd does opt for a criminal offence then the criminal standard of proof – sure beyond reasonable doubt – would be paramount because of the potential “severe reputational and professional consequences” of an allegation of deliberate deception.