Constitutional Affairs & Justice Committee
Stage 1 Report: Welsh Elections (Coronavirus) Bill (pdf)
Published: 2nd February 2021
- Committee supports the need for the Bill but suggests the process should’ve been started earlier to allow for full scrutiny (as in Scotland).
- Welsh Government should publish their views on the Bill’s human rights impact.
- Lack of a specific sunset clause criticised.
As mentioned the other week, the Welsh Elections (Coronavirus) Bill was introduced to give flexibility to the Senedd authorities to allow a delay to the 2021 Senedd election and various by-elections. This may be necessary if the public health situation regarding the Covid-19 pandemic warrants it.
As it’s being treated as an Emergency Bill, it’s set to complete its passage through the Senedd this week – hence the speedy publication of the Stage 1 report.
The Committee posed a number of questions, most notably whether the matter could’ve been dealt with earlier given it deals with fundamental matters of democracy?
One of those fundamental matters is human rights – namely Article 3 of the European Convention on Human Rights’ Protocol with respect to Fundamental Freedoms which guarantees free elections at reasonable intervals. There was no information provided in the Bill’s explanatory memorandum on the human rights impact or reasonable justification of interference with Article 3.
There’s also – curiously – no “sunset clause”, though this was justified as the Bill is deemed spent on 5th November 2021. The Committee disagreed, as some clauses could be interpreted as continuing to have effect after that date (such as clauses relating to holding the first Senedd meeting following an election).
They recommended the Bill is amended to include a specific time limit.
They also recommended additional amendments: requiring the First Minister to consult with the Electoral Commission and Chief Medical Officer before proposing a postponement to the Llywydd; requiring a statement from the Llywydd if the election has to be delayed for a second time in the six-month window; any regulations postponing local government or Senedd by-elections have to be approved by the Senedd.
In a notable side development, the First Minister told the Committee that an all-postal ballot and/or early voting was deemed impractical as the UK Government refused to consider it for the Police & Crime Commissioner elections – which will take place in England and Wales at the same time.
Reading between the lines, it does seem as though the date of the Senedd election will be anchored to the Police & Crime Commissioner elections – and it was recently confirmed the PCC elections will happen on 6th May regardless.
