Meetings

Commissioners were provided with a brief oral update on initial Committee sessions relating to the Senedd Cymru (Members and Elections) Bill, and were informed that the Bill relating to gender quotas was expected in December.

Commissioners were provided an oral update following the introduction of the Senedd Cymru (Members and Elections) Bill. They were informed that the Bill’s provisions had been largely as expected, broadly in line with the recommendations of the Special Purpose Committee and/or Business Committee, though there were a few provisions included that Officials had not had awareness of previously (e.g. a duty placed on the Llywydd relating to a review of job-sharing offices at the start of the Seventh Senedd).

Provisions included increasing the size of the Senedd to 96 Members; increasing the legislative limit on Welsh Government Ministers; increasing the maximum number of Deputy Presiding Officers who may be elected from within the Senedd to two; changing the Senedd’s electoral system so that all Members are elected via a closed proportional list system, with votes translated into seats via the D’Hondt formula; and repurposing and renaming the Local Democracy and Boundary Commission for Wales (LDBCW), including providing it with the functions necessary to establish new Senedd constituencies and to undertake ongoing reviews of Senedd constituency boundaries.

Commissioners were informed that additional provisions included: 

·         returning the normal length of time between Senedd ordinary general elections to four years;

·         requiring candidates to, and Members of, the Senedd to be resident in Wales;

·         a review of the operation and effect of the new legislative provisions following the 2026 and 2030 elections; and

·         a mechanism for the Senedd’s consideration of job-sharing of offices relating to the Senedd, in the Seventh Senedd.

Within the timetable for consideration of the Bill the Commission would give evidence to the Finance Committee on 11 October and to the Reform Bill Committee on 26 October.

Commissioners noted the letter received from the First Minister relating to cost estimates for Senedd Reform.

Commissioners considered information prepared in response to a letter from the First Minister which requested that the Senedd Commission provide a best estimate of the cost that would arise for the Senedd Commission from the Welsh Government’s Senedd Reform Bill.

The Commission had agreed that two scenarios: minimal change and greater change, should form the basis of the Commission’s estimate of the costs it would incur as a consequence of the Bill.

Commissioners agreed a letter, and annexes, be sent to the First Minister to provide:

·        an explanation of the basis from which costs have been estimated; and

·        tables presenting a 10-year profile of costs, according to the two scenarios agreed by the Senedd Commission at its meeting on 12 December 2022, and prepared in line with the standard approach to cost estimates as part of a legislative process.

Commissioners were reminded that cost estimates would form part of the explanatory information to accompany any Bill introduced, and published, by the Welsh Government. The appropriate time for public discussion of the identified costs would be as part of the parliamentary scrutiny process.

One Commissioner asked for it to be recorded that they were not supportive in principle of the Senedd Reform proposals, and their associated costs, though they recognised there had been a vote in the Senedd in support of the work being undertaken by the Government.

Commissioners expressed thanks for the detailed work and extensive process that had brought together the information requested by the Government, and asked questions about the relationship between the estimates produced and future budget decisions.

Commissioners considered an invitation from the Business Committee to provide views on particular recommendations of the Special Purpose Committee on Senedd Reform, particularly in relation to Recommendation 6 on the number of Commissioners.

Commissioners agreed to write to the Committee to express their view that, on balance there was no strong obvious need to move from the status quo as Senedd reform is not anticipated to change the statutory functions of the Senedd Commission at the current time.

However, they reflected that, as the work of the Senedd continues to evolve in future years, there may be emerging themes which require the Commission’s attention and the issue of capacity may need to be revisited.

If a greater need were to emerge, we would not envisage that as being beyond one additional member, to make a Commission of six, inclusive of the Llywydd.   

Commissioners received information setting out the high level implications for the Commission in response to Senedd reform proposals.

These related to the Commission’s responsibilities to provide the property, staff and services for the Senedd, and the high level governance framework within which Commission work would take place to provide assurance to the Commission.

Commissioners noted:

·         the need to respond to any requests for information to inform the legislative process, including the recommendation of the Special Purpose Committee relating to the number of Senedd Commissioners;

·         the proposed programme approach to support effective decision-making by the three different workstreams (Commission Reform, Senedd Reform, and Determination Reform) and to enable effective oversight of cross-cutting matters, such as the Senedd Reform related budget matters, Member engagement and stakeholder communications;

·         the establishment of a Joint Assurance Board with Welsh Government to provide assurance to our respective Accounting Officers and decision-makers on those elements of the Senedd Reform Programme where a joint interest and decision-making dependencies exist; and

the risk and assurances arrangements and the feedback from ARAC.

Commissioners noted the report, which includes 32 recommendations for the Welsh Ministers, the Senedd, Senedd Commission, political parties, the Remuneration Board and Electoral Commission.

Oral update

Commissioners were briefly updated about the implementation of the Senedd Name Change and the opening of registration of votes for young people.

Commissioners were provided with an update just ahead of the name change implementation date.

Commissioners were updated on the progress to date of work to take forward the name change. They considered a series of decisions necessary to implement the name change effectively by 6 May 2020, when the provisions come into force. 

Commissioners agreed proposals, by majority in some cases, in relation to:

·   Indicative branding for use on logo and signage etc;

·   Written naming convention, the revised purpose statements,  First/second mention within text;

·   Assembly terms - historical and future references;

·   Website, e-mail addresses and social media;

·   Postcode and address;

·   Updating the Official Languages Scheme;

·   Marking the formal change from Assembly to Senedd;

·   A new Commission seal.

Commissioners were updated about plans for the creation of education and awareness-raising resources for use by educators, youth workers, and others who work with younger people. They checked that the resources developed will be suitable for the new curriculum, and noted the update, which followed the Commission’s agreement of a general approach and key audiences in November.

Oral item

Commissioners were brought up to date with several matters relating to the Senedd and Elections (Wales) Bill, following Stage 2 proceedings and ahead of Stage 3. They discussed amendments to the timing of the franchise change for 16/17 year olds, and issues around disqualification for dual mandates, in pursuance of clarity recommended by the CLA committee of the Fourth Assembly.

Commissioners discussed the nuances of the amending process, and that the Bill now covered matters which were not within the Commission’s original design of the Bill due to amendments agreed at Stage 2.

The Llywydd will reflect the discussion in the Stage 3 debate.

Commissioners noted the letter sent by the Llywydd to party leaders, Business Managers, Commissioners, Members who tabled amendments.

4(A)   Senedd and elections (Wales) Bill update - Electoral Commission

4(B)    Senedd and elections (Wales) Bill update - Issues not related to the Electoral Commission

4A - Senedd and Elections (Wales) Bill update - Electoral Commission

Commissioners received an update on proposals relating to the proposed amendments to the financing and accountability of the Electoral Commission in the Bill and an update to the legislative timetable.

They discussed the Counsel General’s proposed model for funding the Electoral Commission and the implications of different approaches as set out in his correspondence to Finance Committee. They also noted that the proposed amendments would require UK Government Minister of the Crown consent and that it would need to be received well within the usual timescales to avoid any delays to Royal Assent for the Bill.

Commissioners agreed that their preference remained that the Electoral Commission be funded directly from the Welsh Consolidated Fund. The Llywydd will consider the matter further with Commissioners to agree their response at Stage 2 in light of the Finance Committee’s views and further information from Welsh Government.

4B - Senedd and Elections (Wales) Bill update - Issues not related to the Electoral Commission

Further information had been requested by the Commission in relation to the potential disqualification of Commission staff from standing for election to the Assembly, and the publication of Assembly elections expenditure.

Commissioners considered how the Llywydd should address these matters during Stage 2 scrutiny of the Bill as well as how to respond to other amendments that might be laid.

Commissioners noted the progress in relation to proposals for awareness raising in relation to the introduction of votes at 16 for Assembly elections and welcomed that they would receive further information at their next meeting.

A.    Senedd & Election Wales Bill: Electoral Commission Financing and Accountability

B.    Senedd & Election Wales Bill: Amendments

Commissioners considered two main themes in relation to Assembly reform. Firstly, they discussed issues around the Electoral Commission financing and accountability in the context of the Senedd and Election Wales Bill. Commissioners were updated on the work carried out to date and following discussion agreed to continue working with Welsh Government and others to refine the policy and legislative proposals.

Secondly, Commissioners considered recommendations made by the Constitutional and Legislative Affairs Committee, the Finance Committee and Equality, Local Government and Communities Committee in respect of the Senedd and Elections (Wales) Bill. They discussed responses to the recommendations, and agreed to consider further the issue of potential disqualification of Commission Staff from standing for election.

Paper 3a Assembly Reform: Senedd and Elections Bill, Annex 1-4

Paper 3b Assembly reform programme: phase 2

The Commission considered arrangements for responding to forthcoming committee reports related to the Senedd and Elections (Wales) Bill. Commissioners agreed that the Llywydd determine the approach and timescale for responding to committee reports and that further discussion would take place with them ahead of the Stage 1 plenary debate.

With regard to the financing and accountability of the Electoral Commission, Commissioners discussed a proposed approach and noted advice. They agreed that the Llywydd, in consultation with Suzy Davies and taking into account views expressed by Finance or CLA Committees at Stage 1, should take forward discussion with the Counsel General to approve the approach.

In relation to further work on Assembly reform, relating to the size of the Assembly and reforming the electoral system, Commissioners decided it was not possible to legislate in this Assembly. However, work to explore issues relating to the size of the Assembly and how Members should be elected would continue in order to assist the public debate and political parties as they consider their views on these matters.

Commissioners were updated on the progress of the Senedd and Elections (Wales) Bill. The Llywydd highlighted the Constitutional and Legislative Affairs Committee evidence session she had attended, and discussed with Commissioners the continuing dialogue in relation to joint working with Welsh Government on citizenship education awareness raising. Commissioners considered the update and noted that discussions were on-going regarding the approach to financing and accountability of the Electoral Commission at Stage 2.

Oral item

The Llywydd provided Commissioners with an update on developments since the Senedd and Elections (Wales) Bill was introduced on 12 February. Business Committee has agreed the timetable for the Bill, including stage 1 being completed before summer recess, and amending stages taking place over autumn term. The Llywydd would be giving evidence to committees as part of their legislative scrutiny - to Constitutional and Legislative Affairs Committee on 11 March and Finance Committee on 4 April.

The Llywydd asked Commissioners to play an active role in feeding back issues of concern raised or discussed in in other for a as the Bill continues through the legislative process.

Commissioners were provided with an update on work on the Assembly reform programme with a particular focus on policy issues relating to the Senedd and Elections (Wales) Bill.

Commissioners agreed the approach to legislating on the Electoral Commission financing and accountability, noting that that it is subject to the views of Committee(s) and the Assembly at Stage 1.

They discussed further developments in the proposed content of the Bill and Commissioners discussed and noted the Llywydd’s way forward, to finalise the Bill ahead of its introduction.

Commissioners also noted the timetable for introduction and scrutiny of the Bill and the issue on competence; the updated financial assessment of the Bill and their agreed roles and responsibilities in respect of the Assembly reform programme and in particular the scrutiny period for the Senedd and Elections (Wales) Bill.

Oral update from Llywydd

Commissioners considered a number of issues relating to the progression of their electoral reform activity:

Commissioners considered aspects of the work relating to public information and awareness-raising amongst young people in terms of being able to reflect this in the Explanatory Memorandum which will accompany the Bill on introduction. They discussed the importance of ensuring young people are encouraged and supported to exercise their right to vote. Commissioners agreed that officials should work with the Welsh Government and external stakeholders to develop a plan for raising awareness amongst young people ahead of the 2021 elections, and in particular addressing it in schools. They asked to be updated as this work progresses.

As a result of the devolution of powers in the Wales Act 2017, the Electoral Commission (EC) has approached the Llywydd and Welsh Government to propose that the Assembly legislates to make the EC accountable to the Assembly and financed by the Assembly Commission, in relation to devolved elections in Wales (local government and Assembly elections). Commissioners discussed some of the complex issues about how and by when legislative changes could be made. Commissioners felt that there seems to be value in the EC being accountable to the Assembly for its work in Wales. They agreed to take soundings on the principle from their groups on this proposal from the EC, to take changes through in the reform Bill, which is supported by WG.

The Llywydd provided an oral update on feedback she had received about future descriptors for Members and the institution, and proposals she intended to make as a result.

Commissioners discussed the options and agreed that it was necessary for a decision to be reached for the purpose of the introduction of the Bill. The Commission agreed the Llywydd determine this, as the Member in Charge, the Llywydd said that she was looking to take forward the name change that seemed to reflect the majority view of Assembly groups at this time. It was confirmed that should other options subsequently emerge, these could be considered at Stage 2.  The plan was therefore that the name change introduced in the Bill should be a monolingual name “Senedd”; and that Members will be referred to as “Aelodau’r Senedd (AS) / Members of the Senedd (MS)” and in the singular as “Aelod o’r Senedd”/Member of the Senedd”. The associated short title of the Bill would be “Senedd and Elections (Wales) Bill”. The Commission would be known as “Senedd Commission”.

Commissioners considered an update on work on the Assembly reform programme and the areas where decisions were needed in order to introduce a Bill in January 2019.

Key areas Commissioners considered were:

·         policy, implementation and commencement details;

·         the introduction of a Bill, including the approach to the short title, the approach to seeking a legislative mandate from the Assembly, and the legislative scrutiny timetable for proposal to Business Committee;

·         and the role the Commission should take in raising public awareness of the franchise changes.

Commissioners agreed the Electoral Commission’s recommendations on the treatment of electoral expenses, should be excluded from the preparatory work for the Bill on the basis that Welsh Government would take it forward through subordinate legislation, subject to sufficient assurance from the First Minister about their intentions for the timing of subordinate legislation.

Commissioners noted the plans for legislative scrutiny timetable and the next steps in relation to phase 1 of their legislative programme. They also noted the Commission’s role in providing public information and awareness-raising amongst young people in advance of the 2021 election and requested additional information on the role and associated budget implications.

The Llywydd informed Commissioners that she had received a letter from the Welsh Government concerning the funding and accountability of the Electoral Commission and whether provisions should be made for this as part of the Commission’s Assembly Reform programme regarding the Commission’s future relationship with the National Assembly for Wales. Commissioners noted that discussions with the Welsh Government and Electoral Commission on this matter are ongoing.

Commissioners agreed that the Llywydd would make a written statement w/c 1 October to confirm the Commission’s intention to introduce a Bill in January 2019 and communicating the decisions it has taken. They also agreed the approach to seeking the agreement of the Assembly for the introduction of a Bill.

Commissioners considered an update on work on the Assembly reform programme and a summary of consultation findings following the public consultation, which ran from 12 February to 6 April.

The Commission considered the consultation findings and took a number of decisions in preparation for, or shaping their approach to, making legislative proposals.  They agreed:

·         in principle to joint working with Welsh Government through a Memorandum of Understanding regarding proposals to change the Assembly franchise.

·         to propose legislation on the franchise and name change for implementation prior to the 2021 election. A second Bill on the electoral system and size may follow if cross-party consensus on those matters emerges;

·         to reduce the minimum voting age for Assembly elections to 16; and

·         to exclude certain policy matters from the scope of the Assembly reform work: prisoner voting, voting rights for legal residents of Wales regardless of their nationality or citizenship, and job sharing for Members.

The Llywydd requested that Commissioners take two specific issues back to discuss with their groups and to provide feedback before the end of term. These were:

•        the descriptor for Members post-name change; and

•        the issue of disqualification in relation to membership of the House of Lords. This had been recommended by the Fourth Assembly’s Constitutional and Legislative Affairs Committee and endorsed by the current CLAC.

Commissioners agreed that the Llywydd would make a written statement communicating the consultation headlines and the decisions it has taken on its legislative strategy, together with the broad scope of the first Bill on electoral reform, before the end of term. They agreed that a summary of the main findings of the consultation would be published within a few weeks, with a full report on the consultation published in the autumn.

Adrian Compton provided the Board with an outline of the paper going to the Commission meeting on 22 January, to update them on the work on Assembly Reform programme and the decisions to be made on the final scope and approach of a public consultation on the Expert Panel’s recommendations, and other issues around reform legislation. Commissioners would consider at their meeting in July whether to introduce an Assembly reform Bill and the overall scope of any legislation.

The Board discussed the timeline for consultation and preparation work being undertaken. Officials were exploring the wider resources needed to support delivery of a reform Bill, although beyond that it was not possible to predict what policy decisions might be and the resulting impact on resources.

The Llywydd was having discussions with political parties and Business Committee on the approach and timing for seeking an explicit mandate from the Assembly for the Assembly reform work. 

ACTIONS:

·                The Board recommended clarifying the impact on resources where known, and highlighting the implications around the consultation period timescale.

·                Sulafa Thomas to add a requirement for resource implications to be covered in the Commission paper template and re-circulate it with the guidance on paper preparation.

Oral item

Adrian Crompton provided an update on the legislative plans for Assembly reform, including the raft of potential changes to internal organisational arrangements as well as taking forward the recommendations of the Expert Panel on Assembly Electoral Reform. The Panel was asked to advise the Commission on the size of the Assembly, the electoral system and the minimum voting age and was due to report soon.

Adrian would also be providing Commissioners with a presentation later in the week, ahead of their meeting on 6 November when they would discuss and provide a steer on how to take the work forward. The Commission were leading an Assembly reform programme to explore how these powers might be exercised.

At the previous meeting Commissioners had agreed to return to the issue of the Assembly Reform programme having given further consideration to the relationship to the scope of the legislative proposals that the Commission may wish to pursue during this Assembly term as a result of the devolution of new powers under Wales Act 2017.

When the Expert Panel on Assembly Electoral Reform reports in autumn 2017, the Commission will consider the full scope of the potential reform programme and the legislative proposals they intend to bring forward, for example as part of a wider package of reform of operational arrangements (such as the disqualification rules, electoral arrangements and the committee system).

Commissioners agreed to propose legislation to change the Assembly’s name to Welsh Parliament/Senedd Cymru, before the end of this Assembly. Members would become known as Welsh Parliament Members / Aelodau o Senedd Cymru. In leading this work on behalf of the institution, the Commission is aiming to maximise political consensus across all parties.

In the meantime, the Assembly will continue to be officially known by its current statutory name, the National Assembly for Wales, to avoid confusion and to minimise cost and disruption.

The Commission will plan the change so as to minimise the cost, changing just the Assembly’s name, avoiding any wholescale rebrand or a change to the logo.

Commissioners agreed to publish a summary of the consultation findings, along with a formal written statement to the Assembly from the Llywydd on explaining the decision taken and how the Commission intends to proceed.

Commissioners received information about the results of their consultation on changing the name of the Assembly. They considered a number of options for next steps including related reputational, practical and financial issues.

Commissioners agreed to return to the issue at their next meeting, having given further consideration to the relationship to the scope of the legislative proposals that the Commission may wish to pursue during this Assembly term as a result of the devolution of new powers under Wales Act 2017.

Following discussion at the last Commission meeting, Commissioners were content that work to establish an Expert Panel on electoral reform was progressing.

Continuing their work to address the capacity of the Assembly, the Commission were updated on progress towards the appointment of membership of the Expert Panel on Assembly Electoral Reform.

The Panel will operate independently, and its role will be to make recommendations to the Assembly Commission, by autumn 2017, on the number of Members the Assembly needs, the most suitable electoral system, and the minimum voting age for Assembly elections.

While the Panel will operate independently, it cannot work wholly in isolation from political realities. The Llywydd will also establish, and chair, a Political Reference Group with an advisory role to help the Panel ensure its work culminates in workable recommendations.

Commissioners agreed that the Llywydd should progress with announcements.

Following discussion at the last Commission meeting, Commissioners were content that work to establish an Expert Panel on electoral reform was progressing. They supported the approach of appointing a Chair with suitable academic integrity (Prof Laura McAllister), and seeking a panel of diverse, appropriately experienced individuals.

Commissioners were briefed on work of the Commission in the last Assembly in relation to the capacity constraints of the institution and the conclusions reached. They were also updated on the current position and the extent of the powers being devolved by the Wales Bill currently being considered at Westminster.

Commissioners agreed that the Llywydd should undertake further discussion to explore progressing these issues.