This page outlines your duties as a witness and answers some of the questions you may have about it. A witness is anyone whom I ask to provide information about a complaint I am investigating including the person who made the complaint and the Member complained about.
Your duty to be honest and straightforward
As a witness you have a duty to honestly answer my questions. You should only rely on what you have seen, heard or done and not on what other people have told you. If you do not know or cannot remember the answer to anything I ask you, just say so. Deliberately giving me a false or misleading answer would be a serious matter and in certain circumstances could amount the criminal offence of perjury.
Your duty of confidentiality
The complaint process is confidential until the Standards of Conduct Committee’s report about it is published. You must not discuss anything to do with the complaint with anyone who might be a witness nor leak any information about it to the media. Breaching your duty of confidentiality could prejudice my investigation and would be treated as a very serious matter.
When will I ask you to be a witness?
I will only ask you to be a witness if I believe that you have evidence relevant to the complaint I am investigating.
How will you give your evidence?
If I want you to be a witness, I will usually contact you be email. I may ask you to give your evidence in a number of ways. I may –
- send you a questionnaire and ask you to complete it and return it to me
- ask you to meet me informally, either face to face or via Microsoft Teams
- send you a Notice to Attend for the Purpose of Giving Evidence requiring your attendance either in person or via Microsoft Teams.
What use will be made of my evidence?
I will consider your evidence, along with all the other evidence, in forming my opinion about whether or not there has been a breach of any of the Rules of Conduct.
Who will see my evidence?
Your evidence will form part of my report to the Standards of Conduct Committee. My report will be included in the Committee’s report to the Senedd. That report, including my report and your evidence, will be published on the Senedd website.
Will my name become public?
Normally the names of the witnesses are published. But if doing so may unnecessarily cause you harm or distress it may be possible to refer to you only by a letter such as Witness A. If you believe that there is good reason why your name should not become public you must tell me.
What support will be available to me?
I appreciate that giving evidence can sometimes be distressing. Whether you are interviewed informally or formally, you will be entitled to have someone with you. You can choose anyone provided they have no connection with the matter under investigation.
Details of some of the sources of support available are at Supporting You. In addition, in appropriate circumstances I will offer you independent support from Victim’s Support. If you believe that you need that independent support, you must tell me.
Where can I get further information?
If you have any questions about being a witness, please Contact me.