SCECLB9 Individual

Senedd Cymru | Welsh Parliament

Y Pwyllgor Biliau Diwygio | Reform Bill Committee

Bil Senedd Cymru (Rhestrau Ymgeiswyr Etholiadol)| Senedd Cymru (Electoral Candidate Lists) Bill

Ymateb gan Unigolyn | Evidence from Individual

What are your views on the general principles of the Bill and the need for legislation to deliver the Welsh Government’s stated policy objective (to make the Senedd a more effective legislature by ensuring it is broadly representative of the gender make-up of the population)?

This bill sets a dangerous precedent.  While the objective may look attractive, the selection of candidates ought to be on merit and in any case should be a matter for the relevant parties.  Such legislation would, in my view, be open to Article 14 challenge.

What are your views on the system of enforcement and potential sanctions for non-compliance proposed in the Bill?

I regard the idea that candidate lists could be vetted and amended by an unelected NNCO as a dangerous interference with the electoral process.

Are there any potential barriers to the implementation of the Bill’s provisions? If so, what are they, and are they adequately taken into account in the Bill and the accompanying Explanatory Memorandum and Regulatory Impact Assessment?

Article 14.  There is little discussion of the discrimination question.  The word only appears 3 times in the Explanatory Memorandum.

Are any unintended consequences likely to arise from the Bill?

The law of unintended consequences means we will only discover the difficulties after the legislation is passed, if that be the case.

What are your views on the Welsh Government’s assessment of the financial and other impacts of the Bill?

There will be more bureaucracy.  The NNCO will no doubt have to have a team of support staff.    It does not follow that because the Senedd is "more representative" that the quality of the representatives will thereby be improved.

What are your views on the balance between the information contained on the face of the Bill and what is left to subordinate legislation? Are the powers for Welsh Ministers to make subordinate legislation appropriate?

This is wholly inappropriate.  It puts the WMs of an majority party in excessive control of candidate selection.  That should not be in their remit.

Do you have any views on matters relating to the legislative competence of the Senedd including compatibility with the European Convention on Human Rights?

I think this is inconsistent with the ECHR and will lead to challenges which will tie it up for years.

Do you have any views on matters related to the quality of the legislation, or to the constitutional or other implications of the Bill?

What does it look like?  It looks like the government imposing quotas and controls on the selection of candidates.  All too Orwellian for my taste.

Are there any other issues that you would like to raise about the Bill and the accompanying Explanatory Memorandum or any related matters?

No

Anything else?

I think this is dangerously misconceived legislation.