SCECLB363 Jane Earl

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 Jane Earl | Evidence from Jane Earl

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)?

Given the current ratio of women to men in the Senedd, I don't understand why there is a need for legislation.

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

Completely disagree. This will not encourage / ensure a balance of candidates at all,  simply ticks a box and could more likely disproportionately discriminate against the positive bias intended, given a biological male could self identify as a woman. Biological female and male thinking is by nature and science proven to be different- hence the need for appropriate and fair diversity to be truly representative. This is playing with words, nonsensical and will cause the opposite intended and potentially totally unrepresentative of the Welsh population.

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?

Yes there are barriers and no they have not been taken in to account. It has not been widely and appropriately circulated to the Welsh people. I happened upon it by chance. It has not had the news coverage it deserves for people to reply to a consultation and allow meaningful response numbers and views of the population it purports to represent.

In fact the question itself is suggestive of it being made into legislation irrespective of any opposition or concerns, especially given the lack of publicity and discussion to inform the Welsh people about this.

Are any unintended consequences likely to arise from the Bill?

Yes. A disproportionate representation based on gender self identity rather than representation of the Welsh population.

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

It's money wasted that could be better spent on services like adult social care and the NHS no matter how it is portrayed.

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?

Again I say it has not been widely publicised or discussed and the face of the Bill glosses over the radical implications for a disproportionate representation to result from lack of challenge to candidates who may be biological male to self identify as a woman.

Using subordinate legislation appears to be a way for Ministers to add / change / amend the meaning and purpose which again seems to be a way to hide the true impact on certain groups in favour of others who self identify as women.

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

Senedd members should not use legislation competence as a means of distorting the good intentions of the ECHR. I complete disagree with the proposals related to this consultation.

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

As already stated in previous replies.  It will adversely distort its stated intention of proportional representation of the population of Wales by ignoring biological, scientific and known information to fit a tick box exercise, sailing under the public radar by lack of transparency with little publicity on the news or other means. So few of the population it will impact have been supported to understand the proposed legislation or to have their views counted. In effect it will be presented as a fait au complit under the excuse of there being a 'consultation' which few people in Wales will be aware of. That in itself is deceptive and worrying in a government meant to serve the whole population fairly and openly.

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

There is nothing to describe what 'success' would look like. Nothing on how the impact, negative and not only positive, could be measured, reported and actioned. The measures should not only include numbers and statistics, but real life impact assessments, including complaints, legal issues and full and frank, open publicised reports, discussion and action taken by the Senedd.

Anything else?

Without support there will be a large majority of the Welsh population who, even if they know about the Bill and / or this consultation woukd not be able to respond. This could be due to various personal abilities, language and comprehension circumstances, age including access to online consultations and information, lack of understanding of the wording in the legislation and consultation questions which are both legalistic and complicated unless a person is sufficiently articulate, to name but some issues that reinforce the seriousness of lack of news coverage, publicity, information to the Welsh people and duplicity of how this has been put forward.

To conclude, I am a fair, open, unbiased individual and strongly feel this proposed Bill will achieve unfair, closed and biased representation of the Welsh people, including myself.