Part of the debate – in the Senedd at 4:10 pm on 10 November 2020.
During Stage 2 of this Bill, the Minister argued against this amendment, stating that the new Curriculum for Wales will allow teachers to decide how to deliver education tailored to the specific needs of their pupils. This includes political education, which will come under the core purpose of supporting learners to become ethical and informed citizens of Wales and the world, highlighting opportunities to explore politics within the curriculum through the Welsh baccalaureate as part of the global citizenship challenge. As the Electoral Reform Society states, however, the reality is that, both at present and even in the context of the new curriculum, the teaching of political education will be at the discretion of teachers, and that is regardless of the amount of resources available. In the future, like now, there will therefore be pupils with different tiers of understanding of how decisions in Wales are made, and those on the lowest tier will struggle to better know how they can make their voices heard within their society. As the Electoral Reform Society said to me just 11 days ago, 'We worry about not including an implicit requirement that all pupils are taught politics as part of the curriculum. Having read and listened to Welsh Government on the matter', they said, 'they place a heavy emphasis that there will be first-class resources available but, again, there would be no guarantee that, in a purpose-led curriculum, they would be used.' Our amendment, therefore, seeks to ensure that there is consistency of political education and awareness across Wales. This issue is too important to do otherwise in a nation struggling with a democratic deficit already.
Amendment 99 seeks to ensure that Welsh Government fully involves stakeholders before making rules on the conduct of local elections in Wales. In its Stage 1 report, the Equality, Local Government and Communities Committee suggested that the Welsh Government engages with principal councils and communities before reforming the electoral arrangements. Our amendment seeks to go further than the committee's suggestion by making it a requirement to actively involve principal and community councils as well as local communities to ensure that any changes to electoral arrangements are co-produced by the communities that they affect, rather than them being imposed upon them. Our amendment would also bring this Bill in line with the seven well-being goals and five ways of working required of public bodies in order to meet their duties under the Well-being of Future Generations (Wales) Act 2015, too often ignored in practice.
As I argued in the Stage 1 committee debate, it is therefore deeply concerning that the Minister rejected the committee recommendation that the Welsh Government undertakes an engagement programme with the Welsh Local Government Association. During Stage 2 proceedings, the Minister stated that the Welsh Government believes that the Welsh Ministers should consult those they deem appropriate, and this would include those listed in this amendment when developing the rules for local government elections in Wales. However, our amendment will ensure that stakeholders are fully involved in the co-production of rules for local government elections, by being included on the face of the Bill, turning rhetoric into reality about empowering local communities.
Amendments 101, 102 and 147 seek to amend the provisions relating to registration without application to ensure that individuals registered in this way are placed on the closed full electoral register rather than the open full register—I should say the 'closed register' rather than the 'open full register'. These amendments seek to respond to concerns about the current provision included within the Bill that means that people who are registered without application are automatically placed on the open register. Academics Toby James and Paul Bernal from the University of East Anglia argue that the edited register is made freely available for purchase to companies and third parties with no restrictions on its use. It serves no purpose for the running of the election. It is likely that citizens will know little that their data is being used in this way. Information about the Welsh electorate would therefore be for sale without their active consent. We therefore propose that the Bill is amended so that automatically registered citizens are not added to the edited register by default. Cytûn, Churches Together in Wales, stated that the current requirement to write to individuals notifying them of automatic registration is not sufficient, as many people in certain circumstances do not respond to official correspondence. Furthermore, Cytûn raised a specific concern about the current registration provision. They state that, by placing people on the open register, this may impact on some individuals who have purposely chosen not to register for fear of being identified by a violent former partner or others who may wish to harm them. As such, our amendment gives people the option of being placed on the open register, rather than being automatically placed on the open register.
At Stage 2, the Minister argued that, quote,
'I believe voters should be given a choice about how their information is used.... As such, the provisions as drafted will allow a person to make their wishes known to the ERO', the electoral registration officer. However, this misses the point of our amendment. Our amendment seeks to ensure that people placed on the electoral register without application are automatically placed on the closed register and given the choice to be placed on the open register, rather than vice versa. This is to ensure that people who have purposely not chosen to be on the electoral register continue to be protected, whilst fulfilling the aim of the Bill of improving voter registration.
Amendment 105 seeks to expand the definition of politically restricted posts that are disqualified from becoming a member of a local authority. The amendment modifies the definition of politically restricted posts in section 2 of the Local Government and Housing Act 1989 by including any council employee who provides advice and support on a regular basis to an elected member or elected members of the authority. This broadens the current scope of the provision, which refers to giving advice on a regular basis to any member of the executive who is also a member of the authority. The Bill as drafted will allow council staff to stand for their own council without having to resign first. We support this. However, our amendment clarifies and ensures that any officer who has regular contact with and provides advice for and support for elected members, and who may have a significant conflict of interest should they stand for the council that they are an employee of, is not able to stand for election without resigning first.
In Stage 2, the Minister argued that she would not accept our amendment, as she said:
'I want more people to stand for election to councils in Wales, so I could not without good reason support a provision that sought to bar more people from standing for election.'
Our intention is not to reduce the number of people who stand for election. Our provision would still allow more people to stand for election. And whilst we agree that most council staff should be able to stand for their own council without having to resign first, the purpose of our amendment is to broaden the definition of politically restricted posts, which currently is very narrowly defined, reflecting the fact that there is not a formal separation of power between the executive and legislature within a principal council, and the same council officers, therefore, support both cabinet and backbenchers, unlike the separation between the staff supporting parliaments and the civil servants supporting Government in this place and elsewhere. In other words, we seek to avoid inevitable conflicts of interest that would otherwise arise.
Amendment 106 seeks to bring the regulations for online paid-for political advertisements—