Group 6: Disqualification (Amendments 88, 25, 89, 90, 91, 92, 98, 99, 73, 31, 74, 75, 76, 93, 94, 65)

Part of the debate – in the Senedd at 6:40 pm on 13 November 2019.

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Photo of Elin Jones Elin Jones Plaid Cymru 6:40, 13 November 2019

(Translated)

Deputy Presiding Officer, I move amendment 88, which is the lead amendment in this group. It is a technical amendment resultant from amendment 89, and I will discuss that in due time.

But I will start by asking Members to support the most significant amendment I have in this group, which is amendment 89, and a consequential amendment, namely amendment 91, which will disqualify Members of the Scottish Parliament, Northern Ireland Assembly and the European Parliament from serving in the Assembly, whilst still allowing them to stand for election to the Senedd.

Following amendments to the Bill at Stage 2, members of the House of Commons and the House of Lords could stand for election to the Senedd, but would be disqualified from serving in the Senedd, whilst MSPs, MLAs and MEPs would be able to both stand for election and to serve as Members of this Senedd. I am aware the Counsel General has noted during Stage 2 proceedings that it would be possible to disqualify MSPs and MLAs from serving through the disqualification Order. However, as I said during the Stage 2 debate, I believe that it would be better to note clearly on the face of the Bill that MSPs, MLAs and MEPs are disqualified from serving in the Assembly. This provides clarity that a person cannot hold a dual electoral mandate. The Assembly Commission does not believe that there is justification for enabling MSPs, MLAs and MEPs to serve in this Senedd, whilst MPs, members of the House of Lords and councillors are disqualified from serving here. This amendment will provide for MSPs, MLAs and MEPs to stand for election to the Senedd, but they would have to give up their membership of the other legislature in order to serve here.

And turning now to the disqualification of councillors, as I mentioned during Stage 2, the Assembly Commission does not have a position as to whether or not local authority councillors should be allowed to serve as Assembly Members or not. The Assembly Commission chose not to consult on this issue, and chose not to address it in the Bill as introduced. This reflects the fact that the fourth Assembly's Constitutional and Legislative Affairs Committee had not come to a firm conclusion, although the committee considered the practice of double jobbing as an Assembly Member and local authority member. Instead, the committee suggested a formal review of this issue. I'm not aware that such a review has been conducted since then.

I also ask Members to support my technical amendments 88, 90, 92, 98 and 99. Amendment 88 is consequential to amendment 99. Amendment 99 removes the current list of disqualifications from standing for election to the Senedd in Schedule 3 of the Bill, and reproduces the information in tabular form, ordered alphabetically. The new table also includes specific references to statutory deputies of disqualifying offices in order to disqualify such statutory deputies from standing for election to the Senedd too. Amendments 90, 92, 94 and 98 all remove redundant provisions in the Bill and the Government of Wales Act, the National Assembly for Wales Commissioner for Standards Measure 2009 and the Public Services Ombudsman (Wales) Act 2019. And amendment 94 makes changes to the National Assembly for Wales Commissioner for Standards Measure and the public services ombudsman Act.