MAB08 Unlock Democracy

Pwyllgor y Bil Atebolrwydd Aelodau | Member Accountability Bill Committee

Bil Senedd Cymru (Atebolrwydd Aelodau ac Etholiadau) | Senedd Cymru (Member Accountability and Elections) Bill

Dear David Rees MS

Thank you for the invitation to submit evidence on the draft Senedd Cymru (Member Accountability and Elections) Bill.

I apologise that, due to time constraints, it has not been possible for Unlock Democracy to comment in detail on the draft bill.

I will however welcome the provisions in the Bill for:

Strengthening the Senedd’s standards process as considered by the Standards of Conduct Committee, including:

• Establishing a mandatory Standards of Conduct Committee;
• Introducing an element of independence and expertise for that committee through the appointment of lay members; and
• Providing more flexibility to the Commissioner for Standards to proactively consider concerns regarding the conduct of Members of the Senedd.

Placing a duty upon the Welsh Ministers to make provision prohibiting the making or publishing of false statements of fact. This is in response to the recommendations of the Standards of Conduct Committee's report into deliberate deception.

Unlock Democracy does not welcome the current provision in the Bill for: 

Enhancing the accountability of Members of the Senedd to the electorate, providing a mechanism to recall an elected Member, removing them from office during their term on the basis of the expressed will of voters in the relevant constituency.

The evidence from the UK parliament is that the recall of MPs provision frequently leads to MPs from a different party being elected.  This can be explained in part at least by the actions of the outgoing MP often having been condoned or ignored by their party.  To ensure a party isn't shielded from its own bad behaviour, the recall provision must allow for an MS of a different party to be elected.  I hope the draft bill can be amended to reflect this.

Yours sincerely

Tom Brake

CEO