Elections and Elected Bodies (Wales) Bill

A Welsh Government Bill, introduced by Mick Antoniw MS, Counsel General and Minister for the Constitution. The Business Committee has referred the Bill to the Local Government and Housing Committee.

Following the appointment of the First Minister on 20 March, and appointment of the new Cabinet, Mick Antoniw MS, Counsel General was authorised as Member in Charge of the Bill by the First Minister in accordance with Standing Order 24.4(ii).

If passed, the Bill will:

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>>>Confer the functions of an Electoral Management Board for Wales on the Democracy and Boundary Commission Cymru, which will involve the Commission establishing the Board to take responsibility for oversight of the coordination and administration of devolved elections, collaboration with Returning Officers, and Electoral Registration Officers and advising Welsh Ministers on issues related to the democratic health of the nation.

>>>Introduce electoral registration without application, and the ability to pilot the most appropriate means of achieving this.

>>>Create a duty on the Welsh Ministers to put in place arrangements aimed at improving diversity within Senedd and local government democratic structures, and for individual schemes to be created and tailored to provide support for protected characteristics.

>>>Remove the requirement to set out the specific wording and format of the local government candidate survey in regulations.

>>>Create a requirement for a voter information platform that can host candidate and voter information for Senedd and ordinary principal council elections.

>>>Hold candidates and agents accountable for notional expenditure only where they direct it, allowing authorised persons to make payments not via an election agent, and restricting who can operate as a third-party campaigner in devolved elections. To support these campaign finance changes, the bill also proposes enabling the Electoral Commission to include them in their codes of practice.

>>>Make adjustments to the role and remit of the Local Democracy and Boundary Commission for Wales, including changes to the name and function of its audit committee, significant strengthening of electoral review arrangements, and the conferring of functions on the Commission to undertake the majority of the functions currently undertaken by the Panel. The Commission will also be responsible for determining the amount of any resettlement payment payable by a principal council to councillors, who fail to be re-elected to the council at a local council election.

>>>Disqualify town and community councillors in Wales from serving as Members of the Senedd, and remove the existing “grace period” for principal councillors elected to the Senedd and Members of the Senedd elected as Members of Parliament.

Further detail about the Bill can be found in its accompanying Explanatory Memorandum.

Elections and Elected Bodies (Wales) Bill (PDF 446KB)

Explanatory Memorandum (PDF 2.3MB)

Senedd Research – Bill summary (PDF)

Current stage

BillStage2

The Bill is currently at Stage 2. An explanation of the various stages of Senedd Bills is available in the Guide to the Stages of Public Bills and Acts.

Record of Passage in the Welsh Parliament

The following table sets out the dates for each stage of the Bill’s passage through the Senedd.

¬¬¬Stage 2 Committee consideration of amendments (Current)

Stage 2 began on 7 February 2024. Details of tabled amendments will be published here.

On 20 February 2024, the Business Committee agreed to (PDF 47KB) extend the deadline for Stage 2 proceedings to 17 May 2024.

Stage 2 consideration will take place in Committee on 16 May 2024.

The Committee agreed on 18 April 2024, under Standing Order 26.21, that the order of consideration for Stage 2 proceedings would be:

Sections 1 to 59, Schedule 1, sections 60 to 71, and the long title.

Notice of Amendments – 15 March 2024

Notice of Amendments – 19 April 2024

Notice of Amendments – 30 April 2024

Notice of Amendments – 1 May 2024

Welsh Government: Purpose and effect table – 1 May 2024

Notice of Amendments – 8 May 2024 (V2)

Notice of Amendments – 9 May 2024 (V2)

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¬¬¬Financial Resolution (6 February 2024)

In accordance with Standing Order 26.68 the Presiding Officer indicated that a financial resolution was required for this Bill. Further information about financial resolutions is available in section 3 of the Guide to the scrutiny stages for Public Bills

A Financial Resolution in relation to the Elections and Elected Bodies (Wales) Bill was agreed in Plenary on 6 February 2024.

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¬¬¬Stage 1, Committee consideration of the general principles (5 October 2023-6 February 2024).

A debate took place in Plenary on 6 February 2024. The motion to agree the general principles of the Bill was agreed.

Public consultation - The consultation closed on 10 November 2023, the responses have been published. In addition to the consultation, the Committee also launched a survey on the provisions relating to electoral registration without applications. Analysis of the survey has been published.

Committee dates

The Local Government and Housing Committee will consider the Bill on the following dates

Date and Agenda	Purpose of the meeting	Transcript	Senedd.TV
5 October 2023	Consideration of approach to Stage 1 scrutiny (Private)	n/a	n/a
26 October 2023	Evidence session with the Counsel General and Minister for the Constitution	Transcript	View meeting
15 November 2023	Evidence sessions with stakeholders	Transcript	View meeting
22 November 2023	Evidence sessions with stakeholders	Transcript	View meeting
30 November 2023	Evidence sessions with stakeholders	Transcript	View meeting
7 December 2023	Evidence session with the Counsel General and Minister for the Constitution	Transcript	View meeting
10 January 2024	Consideration of draft report	(private)	(private)
18 January 2024	Consideration of draft report	(private)	(private)

The Local Government and Housing Committee laid its report on 26 January 2024. The Welsh Government responded to the report on 12 February 2024.

Additional information

Statement of Policy Intent for Subordinate Legislation

Letter to the Counsel General and Minister for the Constitution – 3 November 2023

Letter from the Counsel General and Minister for the Constitution – 10 November 2023

Letter from the Counsel General and Minister for the Constitution – 15 November 2023

Letter from the Counsel General and Minister for the Constitution to the Legislation, Justice and Constitution Committee – 11 December 2023

Joint schedule of amendments: Elections and Elected Bodies (Wales) Bill and the Senedd Cymru (Members and Elections) Bill – 11 December 2023

Letter from the Counsel General and Minister for the Constitutional to the Legislation, Justice and Constitution Committee – 6 February 2024

Survey analysis

Letter from the Counsel General and Minister for the Constitution to the Finance Committee – 12 February 2024

Letter from the Counsel General and Minister for the Constitution - 12 February 2024

The Legislation, Justice and Constitution Committee will consider the Bill on the following dates:

Date and Agenda	Purpose of meeting	Transcript	Senedd.TV
20 November 2023	Evidence session with the Counsel General and Minister for the Constitution	Transcript	View meeting

The Legislation, Justice and Constitution Committee laid its report on 26 January 2024. The Welsh Government responded to the report on 6 February 2024 and also on 12 February 2024.

The Finance Committee will consider the Bill on the following dates:

Date and Agenda	Purpose of meeting	Transcript	Senedd.TV
15 November 2023	Evidence session with the Counsel General and Minister for the Constitution	Transcript	View meeting