10. & 11. Motion under Standing Order 26.95 that a Bill to be known as the Welsh Elections (Coronavirus) Bill be treated as a Government Emergency Bill and Motion under Standing Order 26.98(ii) to agree a timetable for the Bill to be known as the Welsh Elections (Coronavirus) Bill

Part of the debate – in the Senedd at 4:57 pm on 26 January 2021.

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Photo of Julie James Julie James Labour 4:57, 26 January 2021

Thank you very much, Deputy Presiding Officer. I'm sure that we're all tired of both saying and hearing the word 'unprecedented', but it is nevertheless true that the coronavirus pandemic continues to confront us with choices and decisions that, in other circumstances, we would certainly not have considered and we would've had to get used to living with that uncertainty. 

The Senedd election is to take place on 6 May. I want to be absolutely clear that the Government's policy is that it should take place as scheduled and I want everyone involved in the election to prepare on that basis. The Senedd urgently needs a Government with a fresh mandate, not least to stand up with renewed authority to the unprecedented attempts of the Westminster Government to undermine devolution. I'm well aware of the huge efforts being made by returning officers and electoral administrators to ensure that the poll can be safely held in May, and would like to express my gratitude to them. Nevertheless, despite the welcome fact that levels of infection are starting to decline, we cannot today be certain that it will be possible to hold a poll in May. The pandemic poses a risk that voters may be prevented from voting, whether by reason of ill health or the need to comply with requirements to self-isolate, or because of the fears that they may have about the safety of attending a polling station to vote in person. Equally, high levels of sickness also bring the risk of not having enough staff available to administer the poll, with a consequential risk to the integrity of the election itself.

Deputy Presiding Officer, that's why we established the elections planning group, which reported in November proposing adjustments to respond to the impacts of the virus. We are working closely with stakeholders to ensure that these and other measures are being taken to make elections safer. These include introducing social distancing and hygiene methods at polling stations, as well as encouraging registration for absent voting so that voters do not need to attend in person if they do not wish to do so. But as the rules for our elections are set out in primary legislation, we have concluded that we need to put in place legislation that will enable the election to be postponed if—and only if—the Senedd agrees that the public health situation makes it impossible to proceed.

This Bill, if passed, enables contingency plans to be agreed for the postponement of the election as a last resort should the pandemic pose a serious threat to the safe and fair running of the election. It will be for the Llywydd to propose a date for the poll in the event of a proposal from the First Minister for postponement. The new date fixed for the election must be within six months of 6 May and requires the approval of the Senedd by a majority of two thirds of the total number of Senedd seats. As a further safeguard, the Bill proposes a role for the Electoral Commission in relation to postponement. If the Llywydd or the First Minister requests, the Electoral Commission must provide them with advice on the matter of postponement. 

So, this Bill contains many safeguards to ensure that postponement is not only considered in genuinely unprecedented circumstances, but if we do not introduce these provisions, we will lose an important contingency option in responding to the pandemic. I and my fellow Ministers strongly believe in making voting easier and more flexible, and would've liked to introduce provisions for early voting in order to give people more choice as to when to vote in person, but we have accepted the advice of the electoral community that, at this notice, and in the circumstances where the Senedd election will happen at the same time as the elections of the police and crime commissioners, who are the responsibility of the UK Government, this cannot be achieved for 6 May. We will continue to keep early voting under review in the event that the election is postponed. In such exceptional circumstances, we must consider all options to enable voters to participate in the election. We may, therefore, return to this at Stage 2.

While the focus in the media has been on the date of the election itself, this Bill also includes other important legislative changes that will increase the flexibility for proxy voting and provide additional time within the post-election timetable in the event of delays to the count.

The Bill shortens the dissolution period to ensure that the Senedd can be recalled even after the election campaign has begun if it is essential for it to meet to consider urgent coronavirus public health business or to set the date for the election if, in the last resort, the election has to be postponed. A shorter dissolution means that decisions on postponement can be taken nearer the planned election date and that the Senedd can continue to respond to the pandemic, if circumstances dictate. We're all too familiar with the unpredictable nature of the unfolding pandemic. We will be discussing with the Business Committee the arrangements for Senedd business during the period when the Senedd would normally be dissolved, but I would anticipate that we would not meet for other business except to postpone the election or to consider urgent changes to COVID-related legislation.

The pandemic has so far required a swift and pragmatic approach, which will require all of our focus as elected representatives to deal with the rapidly changing situation. That is why we are also proposing that, as a contingency, provisions are included to further postpone local government by-elections.

It is the unpredictable nature of the pandemic that leads me to call on you to agree to this motion today and allow us to proceed with this Bill under the emergency Bill procedure. As a Government, we would prefer to be able to make use of the normal Bill process to allow for the Senedd to apply its full scrutiny to this Bill. However, this is simply not feasible in the time available.

With the election fast approaching, it's preferable to have any changes to electoral law put in place well ahead of polling day. This is important in aiding electoral administrators to make their preparations for the election and to provide them with clarity to carry out their vital role. Although we are working closely with stakeholders, we must allow them as much time as we can to carry out any legislative changes. The time left between now and the polling day in May is simply not sufficient to allow for the full scrutiny process and for administrators to make preparations.

The objective of this Bill is to introduce temporary changes in response to the immediate challenges presented by the pandemic, and it is not intended to make permanent changes to our electoral laws. The provisions in the Bill will only apply for the elections in 2021 and will have no effect on future elections. Electoral law is a complex subject matter, and permanent changes in this area should be subject to full scrutiny.

Our proposed timetable for the Bill is to have it introduced tomorrow, followed by the Stage 1 debate the following week. Stage 2 and Stages 3 and 4 will take place on consecutive days in the week of 8 February. Under this timetable, Royal Assent can then be achieved in the week of 15 February. I therefore urge Members to vote in favour of this motion and allow us to make use of the emergency Bill process for this Bill. Diolch, Deputy Presiding Officer.