Group 1: Pre-election period: Guidance (Amendments 15, 17)

Part of the debate – in the Senedd at 4:31 pm on 10 February 2021.

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Photo of Rhun ap Iorwerth Rhun ap Iorwerth Plaid Cymru 4:31, 10 February 2021

(Translated)

Thank you very much, Llywydd. I'll speak to the two amendments that we have here: amendments 15 and 17. As was mentioned yesterday during Stage 2 proceedings, there have been constructive discussions with Government in order to find a wording that was acceptable to both Ministers and ourselves, so there's been a compromise and the agreement that we reached is before us today.

The intention of amendment 15 is to incorporate a pre-dissolution or pre-election period on the face of the legislation, putting a duty on the First Minister to publish guidance on what the Government and Ministers are allowed and aren't allowed to do during that pre-dissolution period. We do believe that we need to safeguard the principle in the legislation that rules on fairness in the pre-election period are as important in the 2021 Senedd election as they are in any other election, despite the fact that the Bill significantly reduces the statutory dissolution period in order to enable the recall of the Senedd to discuss business related to COVID.

We also believe that we need guarantees that guidance will be published by Government, outlining the requirements and restrictions on the use of resources and Government business during this period. That is essential for the sake of transparency and to give constituents faith that the public resources of Government won't be used for party political purposes in the weeks leading up to the election, that there will be fairness to the Government of the day and the opposition parties alike. I said yesterday that guidance was published as early as December 2015 for the May 2016 election, but that we haven't had anything from Government to date for the 2021 election.

Now, the Senedd Commission has already published guidance for the statutory dissolution period in preparation for that month-long dissolution, which is the norm that we would have seen in other circumstances, and there is a statutory mechanism for the publication of guidance on the use of Senedd resources already in place under the Government of Wales Act 2006 and the National Assembly for Wales Commissioner for Standards Measure 2009 and so on. The Commission isn't included in this amendment for that very reason. However, it is important that as much guidance as possible is available for current Senedd Members, and I look forward to seeing the Commission updating and republishing its guidance in responding positively to the final provisions of this Bill.

Turning to amendment 17 briefly, the intention there is to place a duty on Welsh Ministers to publish guidance, outlining clearly the kind of campaigning activities that will be allowed under the various COVID restriction levels in the lead-up to the election. Nobody expects this election to be an ordinary election this year, but in order to provide equality of opportunity for all candidates—not just those who already have a strong platform on social media or those who have very deep pockets and can pay for materials to be distributed—we must have clarity on the kinds of activities that are allowed. This amendment delivers that objective and the expectation is that the guidance published under the amended Bill, in passing this amendment, will provide answers to questions such as, 'Will volunteers have a legal right to distribute leaflets under level 4 restrictions?', 'Will door-to-door campaigning be allowed under level 2 or 3 restrictions?' These are important questions, there are many similar questions, and these amendments will ensure that we have those answers.