Group 5: Orders and rules on the conduct of elections to be held in 2021 (Amendments 1, 2)

Part of the debate – in the Senedd at 5:15 pm on 10 February 2021.

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Photo of Julie James Julie James Labour 5:15, 10 February 2021

Diolch, Llywydd. I move amendments 1 and 2 tabled in my name. The amendments provide that regulations making temporary amendments to the National Assembly for Wales (Representation of the People) Order 2007, commonly known as the conduct Order, for the 2021 Senedd election only are subject to the made affirmative procedure, instead of the affirmative procedure. This is to ensure that any changes that need to be made can come into force quickly, and can be relied upon by electoral administrators to put in place arrangements in a timely fashion.

The amendment is broadly drawn to make sure that, if issues do arise between the Bill being enacted and the election, the Welsh Government can respond swiftly to help administrators and safeguard the rights of voters. The amending Order to the conduct Order was agreed by the Senedd before Christmas, in line with the Gould convention. But, in this fast-moving situation, we may need to make further changes. If we do so, this will be in close consultation with the Electoral Commission and electoral administrators.

Our specific policy intentions for this provision currently concern creating more options for the use of territorial descriptors on nomination and ballot papers, and helping to avoid errors on postal voting statements. The amending Order made provision for the use of the territorial descriptors 'Welsh' and 'Cymru' as additions to the registered party name on nomination and ballot papers. Similar provision already exists in Scotland. We are exploring whether this provision could be widened to give political parties more choice about how they are described.

We've also been made aware of an error that is sometimes made on the postal voting statement a voter must return with their postal ballot paper. The statement requires the voter to enter their date of birth for checking against the date that they gave on their postal vote application. Some voters insert the date of signing the postal vote statement instead of their date of birth, which results in rejection of their vote.

The indications, for example from the recent Electoral Commission survey, are that the proportion of postal votes may rise, and we are encouraging people to consider applying for a postal vote, especially people who are shielding. With more postal votes comes the risk that this error might become more common. So, we are exploring whether provision could be made in the conduct Order to help avoid this error occurring and thus potentially reduce the number of postal votes that are rejected. I urge Members to support these amendments. Diolch.