Referring to section 5, this enables the First Minister to propose to the Llywydd that the 2021 election is postponed for a reason relating to coronavirus, if the First Minister considers it necessary or appropriate. Members will be well aware of the concerns the committee has about the use of the term 'appropriate', whether it is included in Welsh legislation, Scottish legislation or any other legislation. So, our position remains on that, that we do not think it is something that should be in legislation, although we do recognise the detailed explanation for it that the Minster gave to the committee.

In respect of the exercise of the power in section 5(1), our fourth recommendation is that the Bill is amended to require the First Minister to consult the Electoral Commission, the chief medical officer and other appropriate persons. And I'm grateful for the comments from the Minister on that.

Moving on to the other provisions in section 5, overall, we do not consider the wording of sections 5(2), 5(3) or 5(4) to be as clear as could be. The precise sequence of events involved in the postponement of an election is not easily discernible, particularly because of the use of 'may' in section 5(2). Our understanding is that, under section 5, the Llywydd essentially has discretion to propose a date for a postponed poll, but that such date only became fixed once a supermajority of the Senedd votes in favour of it. I think that's what the Minister  confirmed. But predicated on that basis, recommendation 5 asked the Minister to confirm that understanding. I think that confirmation has been given, and I'm grateful for that. 

Turning now to section 6, which gives the Llywydd the power to vary the date of an election postponed under section 5 by one month before or after the newly fixed date, given that this power is not directly linked to the pandemic and would override the date of the poll, as agreed by at least 40 Members, recommendation 6 says that the Llywydd should have to issue a statement on the reasons, and I'm grateful the Minister has confirmed that that is the case. We did think that that was a reasonable step.

If the Llywydd proposes to further vary the election date under section 6(2) of the Bill, section 6(4) provides for Her Majesty, by royal proclamation, to dissolve the Senedd and require the poll to be held on the day proposed by the Llywydd. The Bill didn't set out how this would work in practice, but I'm grateful for the additional comments the Minister has made to clarify that situation. Recommendation 7, therefore, said the Minister should explain to Members those measures, with regard to the proclamation, so we're grateful for that.

Turning now to the regulation-making powers in sections 8 and 12 of the Bill. Both sections contain Henry VIII powers, enabling regulations to be made by Welsh Ministers that modify, repeal or revoke any enactment. Such regulation will be subject to the negative procedure. Further, the regulation-making power in section 8 is not directly linked to coronavirus. So, as a general principle, we don't consider it appropriate to amend primary legislation by means of the negative procedure, and we were not persuaded by the Minister's reason for departing from this principle. We do recognise, however, that it may be necessary to act quickly. However, regulations already made in response to coronavirus have been made quickly, but that has not necessitated the use of the negative procedure. My apologies if I've missed the Minister's comments on that. Recommendations 8 and 9 state that the Bill should be amended so that regulations made under sections 8 and 12 that amend primary legislation are subject to the made affirmative procedure, and I'm grateful for the comments from the Minister in acceptance of that point.

Turning finally to postal and early voting. We asked the Minister to provide Members with further clarity on the Welsh Government's intentions regarding postal and early voting. Dealing with the Bill as an emergency Bill limits the time available to fully understand its provisions. We have however concluded that making legislative provision that will enable the 2021 election, and Senedd and local government by-elections, to be postponed for a short period represents a pragmatic solution, given the ongoing coronavirus public health emergency.

Should the general principles be agreed today, our report aims to provide Members with further information that may inform scrutiny and debates during the subsequent stages. Diolch, Llywydd.