On Tuesday, the Senedd will vote on the general principles of the Senedd Cymru (Electoral Candidate Lists) Bill.
The Bill aims to ensure the Senedd is “broadly representative of the gender make-up of the population” by introducing candidate quotas for women. This means setting a required minimum number or percentage of women who must be included as candidates in elections.
This article explores the recommendations made by Senedd Committees about the Bill.
Majority of Committee supports Bill’s general principles
Senedd Committees have been scrutinising the Bill since it was introduced in March 2024. The Reform Bill Committee recommends by majority that the Senedd should agree to the Bill’s general principles, but highlights a number of issues that need further consideration.
Not least, the Committee wants the Welsh Government to resolve any uncertainty about whether the Senedd has the power to pass the Bill. It also wants more clarity on the information that would be provided in secondary legislation.
The Committee also raises concerns that the Welsh Government doesn’t intend to apply an existing criminal offence of providing false statements in nomination papers to statements made as a result of the Bill.
Each candidate standing for a political party would be required to state whether they are “a woman” or “not a woman”.
The Welsh Government has said that giving a false statement will not be subject to the same criminal offence that applies when other information is given incorrectly, such as a candidate’s name or address.
The Reform Bill Committee disagrees , recommending this statement be included in the existing offence. It believes this would be “both necessary and proportionate” to “alleviate the concerns raised with us [by stakeholders], and deter any potential abuse of the Bill”.
Minimising risk to the 2026 election
Recommendations made by the Legislation, Justice and Constitution (LJC) Committee suggest the Welsh Government should undertake a risk assessment of the potential for disruption to the 2026 Senedd elections of any legal challenges to the Bill.
The Llywydd has stated that, in her view, the provisions of the Bill would not be within the Senedd’s legislative competence. This is the first time that any Llywydd has made a statement that a Bill would be wholly outside of competence. The Trefnydd and Chief Whip, Jane Hutt MS, disagrees with this view.
The LJC Committee suggests a number of ways the Welsh Government could minimise the risk of disruption, including working with the incoming UK Government to change the Senedd’s legislative competence. An alternative approach suggested by the Committee is for the Welsh Government’s Counsel General to refer the Bill to the Supreme Court before it becomes law to ask the Court to decide if the Billis within the Senedd’s legislative competence.
The Reform Bill Committee is also concerned about the potential risk to the 2026 Senedd election if these questions are not “put beyond doubt”.
A ‘Quota-plus’ approach
The Reform Bill Committee is calling for broader action to address the barriers facing women considering standing for election, whether or not the Bill becomes law,.
This was referred to as a ‘quota-plus’ approach by witnesses, including Professor Laura McAllister and Professor Sarah Childs.
The Committee considered:
- what the Senedd could do to promote an inclusive culture and improve ways of working;
- what political parties could do to improve the diversity of their candidates; and
- how financial support could be provided to break down barriers facing women considering standing for election.
Some parliaments, including the UK Parliament and Scottish Parliament, have conducted ‘gender sensitive audits’. These audits allow a parliament to assess whether its structures and policies are promoting women’s participation and identify how to address barriers that women face.
The Committee recommends the Senedd should commission its own gender sensitive audit of its culture, ways of working and facilities. It wants this to be done in time to inform decisions taken after the next election about the Senedd’s ways of working.
The Committee also recognises the role political parties play in ensuring safe and welcoming environments for women, and suggested they prepare and publish diversity and inclusion strategies.
Electoral candidates and elected Members at all levels of government across the UK increasingly experience abuse and harassment.
Research from 2023 found that 80% of Welsh MPs and Senedd Members have felt threatened since being in office, while 43% have received a death threat. Some groups are targeted more frequently and in different ways. Women, in particular, suffer a disproportionate level of sexist abuse.
The Committee is concerned about the prevalence of abuse and harassment. It recommends the Welsh Government work with the Electoral Commission and others to ensure guidance on how to handle abuse and harassment is made available to candidates and elected Members. It wants candidates to know how to report abuse and to be able to access support should they need it.
The Committee also recommends the Welsh Government commission research on “the best ways to provide financial support for women candidates from underrepresented groups”.
Another piece of legislation currently being considered by the Senedd, the Elections and Elected Bodies (Wales) Bill, would put the Access to Elected Office Fund (to support disabled candidates) on a statutory footing. It would enable the Welsh Government to provide financial support to address barriers faced by other groups, including women.
The Elections and Elected Bodies (Wales) Bill also includes provision for the Welsh Ministers to publish guidance to political parties on the collection of diversity data about their candidates.
The Committee hopes political parties will respond “positively and constructively” to any guidance that may be published and recommends it should be extended to cover both Senedd and local government elections.
Stakeholders told the Committee that without robust and consistent data it’s “difficult to identify areas of underrepresentation or measure progress”. The Committee heard the data would enable the quotas to be implemented and monitored and “empower voters and civil society to hold political parties to account”.
Another way of achieving this would be to bring Section 106 of the Equality Act 2010 into force. This would require registered political parties standing candidates in Senedd elections to publish information about the protected characteristics of their candidates.
The Committee urges the Welsh Government to call on the UK Government to commence this provision.
What next for the Bill?
The Stage 1 debate will take place on Tuesday 16 July, followed by a vote on whether the Senedd agrees with the Bill’s general principles. The Bill will need the support of a simple majority in this vote, and also a vote authorising its financial implications to progress to the next stage.
You can follow proceedings at Senedd.tv.
If the Bill progresses, Stage 2 will be the first opportunity for Members of the Senedd to table amendments to the Bill.
Article by Senedd Research, Welsh Parliament
