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Emergency Bill tabled to allow the 2021 Senedd election to be delayed

Owen Donovan by Owen Donovan
February 2, 2021
in Fifth Senedd Devolution & Constitution
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(Title Image: Senedd Cymru via Twitter)

Welsh Elections (Coronavirus) Bill

Introduced by Elin Jones (Plaid, Ceredigion) on behalf of the Senedd Commission
Bill (pdf)
Explanatory Memorandum (pdf)

Why has the Bill been introduced?

As the title suggests, the Bill would enable Senedd authorities (namely the Llywydd/Presiding Officer herself), and in certain circumstances the Welsh Government, to delay the 2021 Senedd election (and other elections, such as local government by-elections) to take into account the ongoing Covid-19 pandemic.

A special elections group set up to consider the issue further last year suggested a law is drafted to allow a delay if needed for public health reasons.

At present, the Llywydd can only delay or bring forward the date of a Senedd election by a maximum of one month.

Elections have been delayed like this before; the 2001 UK General Election was pushed back by a month due to the foot-and-mouth epidemic.

The Lowdown: Key Proposals in the Bill

The Bill:

  • Grants the Llywydd the power to delay the Senedd election by up to 6 months. It also gives the Llywydd the power to delay by-elections for Senedd vacancies.
  • Gives the Welsh Government regulation-making power to delay local authority by-elections (there are currently at least 13 vacancies).
  • Extends the dissolution period to within a week of the election so the Senedd can continue to sit if the pandemic needs the approval of legislation/regulations.
  • Extends the period by which the newly-elected Senedd needs to hold its first meeting from 14 days to 21 days to allow more flexibility for possible counting delays caused by social distancing at election counting venues etc. (it’s already been confirmed that there won’t be an overnight count this year).
  • Will allow people to vote by proxy if they can’t vote in person because of coronavirus regulations (i.e. in quarantine).

The explanatory memorandum says throughout that the Welsh Government currently intends to go ahead on 6th May as planned.

Any delay will require a two-thirds majority vote in favour in the Senedd. Plaid Cymru would likely support a delay, while the Conservatives would likely accept a delay if it followed a decision to delay elections in England.

The Senedd recently agreed by 47 votes to 5 to treat this as an Emergency Bill, meaning the legislative process will be much faster. It could become law within a fortnight.

How much will the Welsh Elections (Coronavirus) Bill cost?

Delaying the election would come at a significant cost – just under £10million – which will fall on local authorities but can be claimed back from the Welsh Government.

The cost is made up of preparations for a 6th May poll which would be duplicated for a delayed poll – though you would assume councils would be given enough notice of a delay beforehand to save some of those costs.

Tags: Coronavirus Pandemic 2020-22
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Senedd Home by Owen Donovan is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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