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 6:50 pm on 13 November 2019.

Alert me about debates like this

Photo of Jeremy Miles Jeremy Miles Labour 6:50, 13 November 2019

As Members will recall, even before this Bill, the Government of Wales Act 2006 already contained provision about the position of Members of Parliament elected to the Senedd and Senedd Members elected to the House of Commons. At Stage 2, we added new provision applying similar principles to members of local authorities and mirroring the language of the existing provision within the Government of Wales Act. In our consideration of those provisions, we identified that there were, however, missed consequential amendments that the UK Parliament should have made at the time of the Wales Act 2017, and so, given the Assembly's consideration of other disqualification issues, these amendments take this opportunity to correct those aspects. And I invite the Senedd to support those amendments.

Turning to the Llywydd's amendments 89, 90 and 91, the Government supports these. They would have the effect of preventing double jobbing, so that a Member, say, of the Scottish Parliament, could stand for but not be a Member of this place. As I said at Stage 2, and as the Llywydd acknowledged in her remarks, the Government had envisaged making provision to this effect by way of Order in Council, but we are happy to support the Llywydd's argument that it's more appropriate that this appears on the face of the primary legislation. So, I ask Members to support the Government's amendments 73 to 76, and express the hope that they'll also support the Llywydd's amendments as well.

David's amendments 25 and 31 seek to remove the provisions that would stop councillors taking up the office of Assembly Member alongside their role as members of principal councils. I don't think it is appropriate that a Member of the Senedd should also be able to sit as a member of a principal council in Wales. Each new phase of the devolution settlement has increased the powers of the Senedd, including, as Hefin David indicated in his contribution, powers in setting the legislative and financial framework for local authorities. There has been a significant shift since 1999 and what might have been appropriate then is not appropriate today. The current position of dual membership is a clear conflict of interest in decisions relating to local government, including its overall funding as part of the Senedd budget process. The Senedd also makes wide-ranging decisions about the functions of councils, their voting systems and other structural matters. 

At one point it time, it was deemed appropriate for Members of Parliament to also be Assembly Members and vice versa. That time has gone; this place is a fully functioning legislature with powers across a broad range of subject areas. We cannot expect our Members to undertake two representative roles, making decisions on behalf of the Senedd while at the same time representing a local authority. The Welsh Government has consulted twice previously on this issue and there is support for this proposal. Likewise, as Members have indicated, the Constitutional and Legislative Affairs Committee recognised that issue in 2015. And, whilst I take David's point, it also did highlight the potential conflicts of interest and time that holding those dual roles presents. Thank you, Deputy Presiding Officer.