7. Motion to annul The Local Government (Coronavirus) (Postponement of Elections) (Wales) Regulations 2020

Part of the debate – in the Senedd at 3:42 pm on 10 June 2020.

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Photo of Mick Antoniw Mick Antoniw Labour 3:42, 10 June 2020

Diolch, Llywydd. The Legislation, Justice and Constitution Committee did consider these regulations on 18 May. In our report laid before the Senedd, which was on the same day, we raised one technical reporting point and three merits points, which we draw to the attention of the Senedd.

The technical reporting point related to the clarity of the effect of the regulations. The regulations are made using powers under sections 67 and 68 of the Coronavirus Act 2020. Under the regulations, a 'relevant election' means:

'An election to fill a casual vacancy for a county, county borough council or a community councillor in Wales'. 

The relevant period is the period beginning on 16 March 2020 and ending on 31 January 2021. Now, it was not immediately clear whether a relevant election would be subject to the postponement provisions in the circumstances where the ordinary statutory time frame for holding such an election were to fall partly within the relevant period and partly after it. At our meeting, we considered the Welsh Government's response to this point and we were content with the explanation provided to us that, if the date fixed by the returning officer for a poll falls within the relevant period, then the poll will be postponed, and, if the polling date falls outside the relevant period, it will not be postponed.

We also noted the Welsh Government is considering whether any further supplementary provision needs to be made under section 68 of the 2020 Act in connection with the regulations. As a member of the LJC committee, Suzy Davies did raise concerns about the regulations during our meeting 18 May, which were noted on the public record.