Part of the debate – in the Senedd at 4:47 pm on 10 July 2019.
Thank you very much, Deputy Presiding Officer. I’m very pleased to have the opportunity to contribute to this debate, to outline the Finance Committee’s recommendations in relation to the financial implications of the Bill. We’ve made 15 recommendations, and I hope that the Llywydd, as I’m sure she will, will take all of these on board as the legislation progresses. She has, of course, referred to some of them, and I will refer to some of those in a moment. The committee recognises the aims of the Bill, particularly the constitutional importance of changing the name of the institution to reflect its position as the primary democratic institution in Wales. However, our main concerns are around the funding and oversight arrangements of the Electoral Commission.
Three days after the Bill was introduced, the Llywydd wrote to me indicating her intention to amend the Bill at Stage 2 to establish arrangements for the Electoral Commission to be financed by the Assembly, and to be accountable to the Assembly, should the Assembly support such a move, of course. The Finance Committee is obviously disappointed that this policy area wasn’t more advanced prior to the introduction of the Bill, as there could be significant cost implications. During the evidence session with the Llywydd, we asked whether the intention was for the Electoral Commission to be funded directly from the Welsh consolidated fund. Since then, the Llywydd has written to the Constitutional and Legislative Affairs Committee to say that this is her preferred option. The Llywydd has also confirmed that her preferred option is for the Electoral commission to be accountable to a Llywydd’s committee.
At the time when the Finance Committee was scrutinising the Bill, we were unable to reach a view on the appropriateness of a Llywydd’s committee, as we didn’t know how the Electoral Commission was to be funded. So, as this Assembly will be aware, the Finance Committee currently has oversight of all of the bodies directly funded from the Welsh consolidated fund, and if the proposed commission is to be directly funded and scrutinised by a proposed Llywydd’s committee, the Finance Committee has concerns that it will lose its oversight role of ensuring budget proposals are set in the context of the wider budget constraints in the Welsh public sector.
Now, the Llywydd, of course, has indicated here today her intention that if a Llywydd’s committee is established to scrutinise the Electoral Commission, it is likely or possible that the Chair of the Finance Committee will form part of that membership. I acknowledge that that's a positive step, and it's certainly something that the Finance Committee will be keen to discuss further. I have also written to the Llywydd seeking further information on funding of the Electoral Commission. I very much hope that the Llywydd will afford the Finance Committee an opportunity to consider the cost implications of any amendments prior to Stage 2 proceedings.
If I could turn now to some of our other recommendations as a committee. In terms of the name change from the National Assembly for Wales to Senedd, which would take place in May 2020, we appreciate that the Bill tries to take a prudent approach—I think that's the word used—towards doing that, and that more expensive options weren't pursued. However, we are concerned that not all signage, for example, will be replaced on this date, and some may be replaced as late as May 2021 to coincide, of course, with the next Assembly elections. Whilst we see the benefits of this approach, we are concerned, perhaps, that this could lead to public confusion, with some signs changing now and some later on. We recommend that the Llywydd and the Welsh Government work closely together to ensure public awareness of the name change is clearly communicated.
As part of our scrutiny of the Bill, we were also keen to explore ways in which the costs of running elections could be reduced. Given the Welsh Government’s proposal to introduce a local government Bill, this, I believe, seems a good opportunity to flag up some of these important issues. We have made several recommendations that we hope that the Llywydd and Welsh Government will consider and work together to streamline elections and not add to the complexities of the existing system. These recommendations include consideration of a single electoral register for Welsh local government and Assembly elections, rather than maintaining 22 separate registers; and also the potential for automatic registration. For example, 16-year-olds could automatically be registered to vote upon receipt of their national insurance number. We also believe the Welsh Government should undertake a review of the fees paid to returning officers as part of the maximum recoverable allowance, with a view, of course, to considering whether savings can be made.
Finally, turning to the implementation of the Law Commission’s recommendations, I am pleased to hear that the Llywydd has given her commitment to removing section 36 of the Bill. We agree with the Counsel General that it is not appropriate for Welsh Ministers to change electoral law through subordinate legislation as it risks reforms being made without sufficient scrutiny, and we are pleased that the Llywydd has taken this onboard. So, with those few comments, may I say that we look forward to continuing our engagement with this Bill's journey through the Assembly? Thank you very much for listening.