Item 3 on the agenda this afternoon is a debate under Standing Order 25.15 on the Government of Wales Act 2006 (Amendment) Order 2019—section 109 Order relating to the electoral registration officers. I call on the Counsel General and the Brexit Minister to move the motion—Jeremy Miles.

Motion NDM7176 Jeremy Miles

To propose that the National Assembly for Wales, in accordance with Standing Order 25.15 approves the draft version of The Government of Wales Act 2006 (Amendment) Order 2019.

Motion moved.

Diolch, Dirprwy Lywydd. I move the motion to approve this Order in Council under section 109 of the Government of Wales Act 2006. This Order makes some progress in addressing issues of competence that have arisen as a result of the Wales Act 2017. When the Order is made, it will ensure that the Assembly can effectively and comprehensively legislate in relation to electoral law relating to devolved Welsh elections. This was of course the original intention of Parliament when the Wales Act 2017 was developed.

It's also necessary to allow for coherent regulations to be made in relation to canvass reform in time for the 2020 annual canvass, and to ensure that the lines of executive competence between the UK Government and Welsh Ministers are clear. Electoral law is contained in a wide array of primary and secondary legislation, and the role of electoral registration officers is essential to electoral registration and thus to electoral reform. Without the ability to confer functions on an electoral registration officer in new legislation, the electoral functions of the Welsh Ministers are significantly restricted.

It became apparent through the canvass reform project that the particular mechanism by which electoral functions, and specifically those that affect electoral registration officers, have been transferred means that no one person, the Welsh Ministers nor the Secretary of State, would have a fully coherent set of powers in relation to devolved elections. Once this Order is made, we will be able to progress the canvass reform agenda, which will streamline the registration process in Wales and will make it easier for the electorate to engage with.

The Order will also enable us to make the necessary changes to the role of electoral registration officer in relation to devolved elections in primary legislation without needing to seek the consent of the UK Government each time. This includes changes we will be proposing in our forthcoming local government and elections (Wales) Bill. This will support the electoral reform agenda in Wales and it will enable the modernisation of electoral practices, and ultimately it will support voters in engaging with democracy.

The UK Government has recognised the challenges that have been created by the way in which functions have been transferred, together with the operation of the provisions of Schedule 7B to the Government of Wales Act, so they were content to bring forward the Order as a matter of urgency and have ensured its progress through Parliament as speedily as possible. I therefore ask the Assembly to approve it.

Thank you. Can I call Carwyn Jones to speak on behalf of the Constitutional and Legislative Affairs Committee? Carwyn.

Diolch, Dirprwy Lywydd. The Business Committee referred the Government of Wales Act 2006 (Amendment) Order 2019 to the Constitutional and Legislative Affairs Committee in accordance with Standing Order 25.7(i). We took evidence from the Counsel General on the proposed Order at our meeting on 16 September 2019, and we laid our report before the Assembly on 30 September of this year. Since then, we note that the Order was approved by the House of Commons and the House of Lords on 28 October of this year. Dirprwy Lywydd, during our evidence session, the Counsel General explained the purpose and objective for the proposed Order, as well as the relationship between the Order, the Senedd and Elections (Wales) Bill and the Welsh Government's forthcoming local government Bill. We've noted the background and purpose for the proposed Order and, Dirprwy Lywydd, we are content.

Thank you. I call on the Counsel General and Brexit Minister to reply.

I thank Carwyn Jones for his remarks and for the work of CLAC in relation to this Order. If the Assembly approves the Order, it will be considered next by the Privy Council at its next meeting. I expect the date for that meeting to be confirmed following the UK general election. And, in closing, can I put on record my thanks to officials in both the Welsh Government and the UK Government for enabling this legislation to be brought forward rapidly?

Thank you. The proposal is to agree the motion. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.