SCECLB341 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)?

The consultation language is confusing. In the bill there is reference to men and women under the protected characteristic of sex. In the consultation document the reference is to gender balance which falls (again based on the bill) under the protected characteristic of gender reassignment. The consultation document should refer to "sex make-up of the population" instead to avoid confusion. In general I agree with the bill provided that it addresses sex imbalance based on the protected characteristic of sex.

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

It is generally very easy to confirm if a person is a woman based on the birth certificate. 'Face value' defies the point of the whole legislation. I.e. if a party wishes to break the proposed rules they can ask their candidates to make false statements knowing that no-one will check. I propose that a presentation of an original birth certificate is required to prove that some-one is a woman. This should not create significant overheads and it addresses the spirit of the bill directly.

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?

Are any unintended consequences likely to arise from the Bill?

Confusion on sex and gender. The unintended consequence would be that trans-women candidates are counted as women, rendering the whole exercise irrelevant.

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

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?

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