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 6:27 pm on 13 November 2019.

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Photo of Elin Jones Elin Jones Plaid Cymru 6:27, 13 November 2019

(Translated)

I thank the Deputy Presiding Officer. Despite what we've just heard from David Melding, I am fairly confident that we have come relatively far in discussing issues with regard to the accountability of the Electoral Commission since this Bill was introduced. I would like to take this opportunity to thank the Finance Committee and the Constitutional and Legislative Affairs Committee for their consideration of these matters to date. And they have been discussed in a great deal of detail, and I and the Counsel General and the Electoral Commission and others have given evidence on this policy before those committees on various occasions. And I also want to thank the Counsel General and his officials for working with us on this process, and to Electoral Commission itself for its collaboration.

The amendments tabled in my name discussed today, and those tabled in the name of the Counsel General, reflect the ongoing work that has been carried out since Stage 2 proceedings as well, to ensure that the provisions can be implemented successfully. And it’s also important to note here that the consent of the Minister of the Crown has been received since Stage 2 as well. And thank you to everyone who was involved in ensuring that consent.

I ask Members, therefore, to support amendment 87 in my name, which is a technical amendment to provide consistency with other changes to the Bill made at Stage 2. I also urge Members to support my amendment 97, which ensures consistency across the Bill with amendments that were agreed during Stage 2, to fund the Electoral Commission directly from the Welsh consolidated fund, as well as tidying up out-of-date references in the Political Parties, Elections and Referendums Act 2000.

When considered together, the Counsel General’s amendments 66 and 67 remove the Senedd’s ability to call the Llywydd’s committee by another name, if they wish to do so, without recourse to primary legislation. This flexibility was a deliberate feature of the provisions amended at Stage 2, and it reflected the approach taken to the referencing of the Audit Committee in the Government of Wales Act 2006, which the Assembly has since decided to call the Public Accounts Committee. Therefore, there is a benefit in enabling the Assembly to determine such matters in a more flexible way than in primary legislation. However, I also understand the rationale behind the Counsel General’s amendments, as he has outlined them this afternoon.

During Stage 2, the Assembly agreed an amendment tabled by the Counsel General that gives the Welsh Ministers the power to commence section 28 of the Bill by Order. The Counsel General explained that he would do so once he was satisfied with the audit and accountability arrangements associated with other amendments made to section 28. I agree that the provisions in the Bill relating to the Electoral Commission should not take effect until we are certain that they can be implemented effectively and that the funding arrangements are in place. Therefore, I support the Counsel General’s amendments 68, 83 and 84, which remove reference to the year 2021-2 as the first financial year to which the provisions in section 28 relate.

Since Stage 2 proceedings, the Counsel General and I have continued discussions about how the Senedd can ensure that it has appropriate mechanisms in place to hold the Electoral Commission to account for its work in relation to devolved Welsh referenda and elections. I’m confident that amendments 69, 70, 71 and 72 balance the Senedd’s need to have the tools and means at its disposal to carry out effective scrutiny of the Electoral Commission’s work, whilst avoiding placing excessive demands on the Electoral Commission or other UK-wide bodies or governmental departments.

Finally, I ask Members to support the Counsel General’s amendment 82, which corrects a drafting error in the Bill, following amendments at Stage 2.