Group 5: Administration of elections (Amendments 66, 67, 68, 69, 70, 71, 72, 87, 82, 97, 83, 84)

Part of the debate – in the Senedd at 6:16 pm on 13 November 2019.

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Photo of Jeremy Miles Jeremy Miles Labour 6:16, 13 November 2019

At Stage 2, the Bill was amended to include a new provision making the Electoral Commission accountable to the Senedd for the exercise of its functions in relation to devolved Welsh elections, and providing that the Electoral Commission would be funded for those functions from the Welsh consolidated fund.

I will take the Government amendments first. Amendments 66 and 67 remove the provisions in section 28 of the Bill enabling the Senedd to rename the statutory reference to the Llywydd’s committee by a simple resolution in Plenary. We don't, of course, object in principle to the Senedd choosing the names of its committees, but, in this case, the Llywydd's committee is to be referred to in statute and, more specifically, the Political Parties, Elections and Referendums Act 2000. If the Bill allowed the Senedd to rename the Llywydd’s committee, that would mean that a Plenary resolution—a simple resolution—would therefore amend the primary legislation referencing that name. This isn't good law and, therefore, I ask the Assembly to remove those provisions.

Amendments 68, 83 and 84 remove provisions that define 2021-22 as the first financial year to which the provisions relating to the Electoral Commission would apply. As I said in Stage 2, there is further work to be done to ensure that the audit and accounting arrangements for Welsh-funded Electoral Commission work are robust and protect the Welsh consolidated fund account. The Welsh Government will not commence the Electoral Commission provisions until that work has been completed to the satisfaction of all parties involved. Removing the references to 2021-22 is consistent with this approach, and I ask the Assembly to support it.

I have brought forward amendments 69, 70, 71 and 72 following representations from the Electoral Commission. The Electoral Commission’s concerns were highlighted in advance of Stage 2 proceedings, and we have been discussing them with the Electoral Commission and also with the Llywydd and her officials. The Bill’s provisions, as inserted at Stage 2, require the Electoral Commission to submit both a financial estimate and accompanying work plan to the Llywydd’s committee for each financial year in relation to its work on devolved Welsh elections and devolved Welsh referendums. On reflection, the Llywydd and I agree with the Electoral Commission that this is disproportionate. Therefore, our amendments specify and limit the occasions when the Electoral Commission must submit a work plan. This will reduce the burden on the Electoral Commission. The amendments also provide further clarity on the role and the powers of the Comptroller and Auditor General to undertake efficiency examinations where the financial estimate and work plan are submitted together, or where the financial estimate is submitted on its own.

The final Government amendment in this group is number 82. This is intended to correct a mistake in the English text of the Bill in relation to material inserted into Schedule 2 to the Bill by a Government amendment at Stage 2. The provision relates to a code of practice for devolved Welsh elections, so the words ‘or referendum’ are not needed here. Members will be aware that both Stage 2 and Stage 3 amendments making provision in relation to functions of the Speaker’s Committee, the Electoral Commission, the Treasury, and the Comptroller and Auditor General require Minister of the Crown consent. I am pleased to confirm that this consent has been obtained, and I am grateful to officials in the UK Government for facilitating that.

Members will recall that, during Stage 2 proceedings, I undertook to discuss with the Llywydd her proposal to change the balance between the functions of the Comptroller and Auditor General and the Auditor General for Wales in relation to these provisions. This work is under way and is part of the wider discussions I have already mentioned, which are needed on the audit and accounting arrangements. When those discussions are concluded, we will report back to Members, and any further changes needed can be addressed in a future vehicle.

I now turn to the Llywydd’s amendments in this group. Amendment 87 reflects the Assembly’s decision at Stage 2 that the Bill should specify the Llywydd’s committee as the body responsible for oversight of the Electoral Commission, rather than allowing the Senedd to designate a committee. Thus we are proposing to replace the reference to the Llywydd’s committee as being 'designated' with a reference to its being 'established'.

Amendment 97 makes consequential amendments to ensure that the Electoral Commission provisions are described consistently in the Bill. The Government will be supporting both the Llywydd’s amendments. Diolch.