Part of the debate – in the Senedd at 3:07 pm on 19 November 2019.
Diolch, Llywydd. Apologies for spilling water there.
Llywydd, I'm very pleased to introduce the Local Government and Elections (Wales) Bill to the Assembly. This Bill consists of provisions that have been subject to extensive consultation, both with the public and local government. It will deliver a major package of reforms to the way in which devolved elections are run and the governance framework of local government.
The Local Government and Elections (Wales) Bill proposes to extend the franchise for local government elections to 16 and 17-year-olds and foreign citizens legally resident in Wales. The Bill will allow principal councils to choose their voting systems for elections. It will also set the elections cycle for local government at five years, in line with that of Senedd Cymru.
The Bill provides a power for the establishment of a combined all-Wales database of electoral registration information and will enable electoral registration officers to register people automatically using a wider range of reliable data. The Bill amends the legislation relating to the qualification for and disqualification from membership of a local authority and makes provision for election pilot schemes. It further provides clarity on returning officers' expenditure and the accessibility of election documents.
The Welsh Government is changing the governance framework for local government to better enable innovation, transparency and local ownership for driving up service delivery outcomes and standards across Wales. The Bill will, therefore, introduce a general power of competence and a new system for improving performance and governance based on self-assessment and peer review, including the consolidation of the Welsh Ministers' support and intervention powers. To support this, I am working with the Welsh Local Government Association to develop a new, sector-led, co-ordinated approach to local government improvement and support. This Bill requires local authorities to take responsibility for their own improvement. There are reserve powers for the Auditor General for Wales and the Welsh Ministers where performance is less than satisfactory.
It is a feature of this Bill that we are seeking to empower local authorities, providing options where they do not currently exist. The Bill provides a power to local authorities to make an application to merge voluntarily. Local authorities work hard to deliver services using different mechanisms to collaborate over different areas. A key recommendation of the working group on local government was the need for more consistent mechanisms and structures to support regional working and collaboration. The Bill will therefore provide for this by including powers to facilitate more consistent and coherent regional working mechanisms called corporate joint committees.
We have worked very closely with the WLGA and local government leaders, through the local government sub-group of the partnership council, to develop these proposals. I see these committees as an important tool for local government to use to support collaboration, transformation and the longer term sustainability of public services. They will be bodies corporate, formed from the membership of principal councils, established in statute and able to directly employ staff, hold assets and manage funding.
Local authorities will be able to request the creation of a corporate joint committee for any service they wish. Welsh Ministers will only be able to create a corporate joint committee in a limited number of functional areas that are set out in the Bill: improving education, strategic planning for the development and use of land and the function of preparing a strategic development plan, transport, and economic development. The aim is to reduce complexity for councils using different kinds of regional working arrangements, and to ensure that the decisions are made as close to the local people as is possible for effective and efficient democracy.
Good governance is not only about effective structures, it is also about transparency. Therefore, amongst other measures included in the Bill aimed at increasing public participation in local democracy and improving transparency, principal councils will be required to prepare, consult on, publish and keep under review a public participation strategy. They will also be required to publish a guide to their constitution that explains in ordinary language the content of their constitution. Provision is made for the broadcasting of council meetings that are open to the public. To encourage diversity and hopefully enable more employed elected members and those with caring responsibilities to be able to stand for election, the Bill amends the legislation covering remote attendance at principal council meetings.
The Bill also requires community councils to prepare an annual report about the council's priorities, activities and achievements during the year. This was a recommendation of the independent review on the future of community and town councils in Wales and key to ensuring transparency and accountability.
The Bill requires a principal council to appoint a chief executive and makes provision about their role. This replaces the term 'head of paid service' and updates the role to reflect modern management practices. To further promote diversity in democracy, it also enables the appointment of members as assistants to the executive and job sharing by executive members and leaders. It also updates provision about the entitlement of members to family absence and places a duty on leaders of political groups to take reasonable steps to promote and maintain high standards of conduct by the members of the group.
The Bill includes a number of measures aimed at reducing opportunities for avoidance behaviour relating to non-domestic rates and removal of the power to make provision for the imprisonment of council tax debtors.
Taking the opportunity afforded by the Bill, miscellaneous provisions relating to a range of matters aimed at strengthening and modernising the operation of local government are contained in the Bill. These include information sharing between regulators, the Auditor General for Wales and the Welsh Ministers, repeal of community polls and their replacement with a petition scheme, a new process for appointing the chief executive to the Local Democracy and Boundary Commission for Wales, and powers to enable the merger and demerger of public services boards.
As I outlined in Plenary last month, we are working to enable prisoners and young people in custody from Wales, who are serving a custodial sentence of less than four years, to vote in local government elections. This follows on from the recommendations of the Equality, Local Government and Communities Committee report, 'Voting rights for prisoners'. Our aim is that eligible prisoners and young people in custody will be able to vote at the next ordinary local government elections, due in 2022.
This will be a very small group of new electors, but they have particular circumstances that cut across many of the long-established arrangements for registering to vote and casting votes. There simply has not been enough time to work through and test with the UK Government, HM Prison Service and electoral registration officers all the new legal and administrative requirements to enable us to have provisions ready in time for this introduction. I will be keeping the Equalities, Local Government and Communities Committee informed of these developments and hope to share provisions on prisoner voting with the committee well in advance of Stage 2.
I look forward to Members' comments on the Bill today and the Assembly's consideration of the Bill over the coming months. Diolch.