Part of the debate – in the Senedd at 4:54 pm on 10 November 2020.
Our amendments in this group seek to remove the ability of individual local authorities to change their voting system from first-past-the-post to single transferable vote. This isn't to be contrary, this is to reflect the evidence received by the Equality, Local Government and Communities Committee at Stage 1, which Members supported, where the majority of stakeholders did not support the provisions to enable principal councils to choose which voting systems to use. For example, the Welsh Local Government Association said that there is a need for
'a clear and consistent voting system across all local authorities to avoid complexity and risk of voter confusion', adding that the complexity of allowing principal councils to choose their own voting system could be 'quite horrendous', with the potential for chaos a real concern.
Similar concerns and opposition to the provision were expressed by all the principal councils and representatives of town and community councils who responded to the committee's consultation. The Society of Local Authority Chief Executives acknowledged that there may be perceived benefits of allowing principal councils a choice, but said the risk of complexity and confusion around having two voting systems
'could have the potential to disenfranchise voters with the worst-case scenario being an impact on turnout'.
The Electoral Commission, whilst noting that the electoral system to be used for local government elections is a matter for the Welsh Government and the Senedd to determine, concurred that there are risks and challenges associated with the proposal. This includes an increased risk of voter confusion and administrative challenges. The commission noted that it would be required to publish two sets of guidance, one on each voting system for electoral administrators, for political parties, candidates and agents, and run separate public awareness campaigns.
The Electoral Commission also referred to the ethos of consistency in electoral planning that has developed in Wales over recent years, and said it would be disappointed if that co-ordinating activity were to be undermined by different systems operating in different counties. As I stated during the Stage 1 debate, 33 out of 35 respondents to the White Paper consultation disagreed and preferred to keep one voting system for the whole of Wales. Further, as our committee report states,
'the majority of the evidence received oppose the provisions that allow principal councils to choose their own voting system.'
The regulatory impact assessment also notes that additional costs will be incurred should a principal council opt to change its voting system, but these costs are currently unknown.
To ensure consistency with this, amendment 137 seeks to remove the power for local authorities or Welsh Ministers to decide on what voting system is to be used in the first ordinary election of councillors to the principal council for a new principal area. The section 125 voting system allows for merger regulations to specify what electoral system—first-past-the-post or STV—is to be used for first elections for a newly created principal council. This amendment removes this choice, ensuring consistency of local government electoral systems across Wales.
Amendment 94 makes provisions to require a referendum to be held prior to a principal council exercising its power to change voting systems. This is a compromise amendment. Through a number of amendments, we're seeking to remove the ability of principal councils to unilaterally change their voting system to ensure the consistency of local government electoral systems across Wales and to avoid complexity and voter confusion. However, this amendment will mean that should our amendments not proceed, the decision to change to voting system in the election of a principal council is decided by local people rather than the council itself via referendum. Such an amendment will help to increase public participation in local decision making, which is meant to be one of the mains of this Bill.
Amendments 83, 92 and 148 are consequential to amendment 94. Diolch.