The final item of business therefore is the Stage 4 motion to approve the Welsh Elections (Coronavirus) Bill, and I call on the Minister for Housing and Local Government to move that motion—Julie James.

Motion

To propose that the Senedd in accordance with Standing Order 26.47:

Approves the Welsh Elections (Coronavirus) Bill.

Motion moved.

Diolch, Llywydd. I formally move the motion. This Bill has been produced to a challenging timetable in a period of history that is not without its own unique challenges on our usual ways of working. I would like to thank not just the officials who have put this together through an intense period of hard work, but also to the Members here whose contribution to the scrutiny of this Bill has been invaluable. In particular, I would like to express my gratitude to the Chair, members and staff of the Legislation, Justice and Constitution Committee for the speed at which they were able to consider and report on the Bill. We brought forward a number of amendments at Stage 2 to give effect to their amendments, which have made the Bill more robust. I would also like to thank Rhun ap Iorwerth for his collaborative approach to amending this Bill. Through this approach, we were able to find a consensus on amendments that have greatly improved the Bill and the transparency of the subject matter.

On the theme of transparency, I am also glad that we were able to support Mark Isherwood's amendment requiring the criteria for proposing postponement of the Senedd election to be published. As I have stated many times during the course of this Bill, it is the Government's firm view that the elections should take place, as planned, on 6 May, and that is a view shared across the Siambr. But both the Senedd and the Welsh Government need a fresh mandate, and this Bill is not intended to prevent that. However, the pandemic has shown that it does not always follow a predictable course. It would be irresponsible of us not to have a contingency plan in the event that the public health situation is such that it is unsafe for the election to run as planned. Thanks to the cross-party work on this Bill, we have both the means to ensure the election can safely happen in May, if the public health situation allows, and to hold the election as soon as possible if it does not. Diolch.

All legislation should pass the merit test of doing what it says on the tin, and that's particularly essential when that is emergency legislation. So, our amendments sought to ensure that this would be the case. It is therefore both regrettable and concerning that all but one of these were defeated, and, in consequence, that avoidable allegations about the First Minister's motives are bound to be raised if he does choose to exercise the powers given to him by this Bill. The people deserve better. We understand that the Welsh Government needs some flexibility if coronavirus cases surge in the weeks preceding the current election date. However, the UK Government has made it clear that local and police and crime commissioner elections will be taking place on 6 May, with a robust delivery plan that minimises the risk of spreading the coronavirus, and the Welsh Government should be putting all its efforts into ensuring that this also happens for the Senedd election.

The Welsh Government have failed throughout this Bill's process to state what the criteria would be to trigger a delay in the election, and it refused to back our proposals, except for welcome support for one amendment, at each stage, to include this in the Bill. For these reasons, we will be abstaining on this Bill.

This Bill is wrong in principle and unnecessary in practice. We see successful roll-out of vaccines, we see infections and, increasingly, deaths falling sharply from the virus. We're within three months of this projected election, and the suggestion that we need emergency powers to postpone this election is not borne out by that factual background.

We have already had the UK Government say that the police and crime commissioner elections for England and Wales will go ahead on 6 May. Therefore, the purpose stated for this Bill is no longer there. We heard from the Minister various, I thought, rather contradictory concerns posed about us being subsidiary or secondary to the PCC elections, or that we had to act in the best interests of voters, but if there's already going to be an election on 6 May because the UK Government is so determined, how on earth would we be protecting voters by requiring them to vote twice by postponing our election? It makes no sense.

Most shocking I find of this is the extension of our term beyond five years. Since the Parliament Act 110 years ago, the House of Common has not been able to extend its own term—the House of Lords has to consent. However, we now see, thanks to the Wales Act 2017 that the Conservatives passed, without, as far as I can see, considering this issue, that we, in Wales, are able to evade that requirement—powers once exercised subject to that democratic restraint no longer are. And here we're perhaps being quite measured with only six months of an extra term, but there's nothing to stop us going further. Why is it right in Wales that we can extend this term, as a unicameral institution, without anyone else's say-so when there are previously democratic protections that have now been removed? 

I regret that I recall at least three Labour Members from the Labour benches saying that they wouldn't vote to allow a postponement to the election. Yet, today they are. I regret that 2017 Act giving us these powers to do so. I think it's not surprising that with and more powers being taken by this place, contrary to what was agreed in the 2011 referendum, more and more people are now intending to vote to abolish this institution.

This is a Bill that nobody wants to see. We're all eager to see the people of Wales deciding as soon as possible, on the day appointed—6 May—as to who should formulate the Welsh Government for the next years. But, the crisis that we have lived through has been unprecedented in modern times, and the truth is that this virus is not one that respects the democratic process. However, I don't believe that we should have followed such a last-minute process to get to this point, but, having adopted an emergency process, I am confident that we have concluded with a Bill that is far stronger than it was at the beginning of the process. And what I mean by that is that it is more likely to secure fairness and equity for candidates, to those responsible for elections and, above all, to the constituents of Wales and the democratic process itself. As I've said on a number of occasions, this is a Bill, yes, to allow postponement if absolutely necessary, but also to allow the staging of an election. And yes, it allows postponement if necessary—if truly necessary—in order to secure a fair election in the face of the pandemic, but it should also help to ensure that an election can be held and that a comprehensive debate can be had with the people of Wales if that election is held, as we all hope to see, on 6 May.

The Minister to reply—Julie James.

Diolch, Llywydd. I thank the Members I mentioned earlier for their contributions to the debate. If the Bill is passed today, we will make every effort to see it become law as soon as possible. We will continue to work closely with returning officers, electoral administrators, the Electoral Commission, the other Governments within the UK and everyone else involved in this year's elections, to enable our voters to participate in the democratic process in these unprecedented times. And through the duties placed upon us by the Bill and our wider work, we will keep Members fully informed about preparations for 6 May.

I would just like to mention once more to Members, as I have mentioned several times during this debate, that we are working very closely with the UK Government, who also take a pragmatic approach to this matter, and although they have at this point in time made it clear that they'd like the elections to go ahead, that is no different from what we have said. We would like the elections to go ahead as well. This is merely a pragmatic approach to ensuring that the democratic process can continue, and as many Members have seen, if the pandemic takes one of the unexpected turns that we know only too well it can take in these unprecedented times. So, for those reasons, I commend this Bill to the Senedd and hope that all Members will feel able to agree with it. Diolch, Llywydd.

In accordance with Standing Order 26.50C, a recorded vote must be taken on Stage  4 motions. Therefore, I call for a vote on the motion to approve Welsh Elections (Coronavirus) Bill. Open the vote. In favour 36, nine abstentions and five against. Therefore, the Stage 4 motion is agreed.

Stage 4 motion to approve the Welsh Elections (Coronavirus) Bill: For: 36, Against: 5, Abstain: 9

Motion has been agreed

And that brings today's proceedings to a close. I thank you all for your collaboration over two busy days of voting, and I thank all officials who've worked behind the scenes to make that work as effectively as possible and to have done so remotely. So, good evening to you all.

The meeting ended at 17:38.