On 2 July, the Senedd will have a second chance to make changes to the Elections and Elected Bodies (Wales) Bill as it votes during stage 3 of the Bill’s proceedings.
The Bill includes a range a provisions that could change the way devolved elections are held and run. Our previous article considered measures in the Bill to improve voter turnout and the diversity of candidates standing for election.
Some significant changes were made to the Bill during Stage 2, the first amending stage.
These included Welsh Government amendments in response to recommendations made by Senedd Committees, and an amendment by Adam Price MS, that would make it an offence for Senedd Members or election candidates to ‘wilfully’ make or publish statements that are false or deceptive.
This article looks at these and other changes made to the Bill during Stage 2 of its passage through the Senedd.
The offence of deception
The Bill was amended at Stage 2 to make it an offence for a Senedd Member or a candidate in a Senedd election to:
‘wilfully’ and ‘with the intent to mislead’ make, publish or permit to be published on their behalf a statement that purports to be a fact they know is false or deceptive.
If found guilty the person would be disqualified from being a Senedd Member or from standing as a candidate in a Senedd election for four years.
There are some defences that someone charged with the offence could make. These are:
- that they made the false statement in the interest of national security;
- that it was clear that the statement was an opinion or belief and not presented as a fact; and
- if the Member or candidate charged retracts the statement, apologies and corrects any inaccuracies within 14 days of making a false statement or of the charge being brought to their attention.
In any of these cases the Member or candidate would not be disqualified. Complaints to the police could only be made within six months of the statement being made or published.
Adam Price MS, says ”deliberate deception in politics should never be acceptable”. He hopes the amendment will lead to a culture change with Members or candidates thinking twice before making statements “too close to the line”. He argues Senedd Members can make decisions with "life or death consequences", which means the impacts of deception are serious.
While the Welsh Government’s Counsel General, Mick Antoniw MS, says “the underlying intentions behind the provision seem morally right”, he’s concerned it could have unintended “adverse consequences”.
The Counsel General doesn’t believe criminalising deception by politicians is the way “it should work” and says it could “stifle” political debate. He’s also concerned about the lack of consultation on the amendment, particularly with the police and judiciary.
Instead, he called for careful consideration of the implications of the amendment and suggested consideration of other mechanisms that could tackle deception. These issues are currently being explored by the Senedd’s Standards of Conduct Committee in its inquiry into the Accountability of Individual Members.
The Counsel General has said that if the Committee concludes changes to the law are needed, the Welsh Government is committed to supporting the changes being made in time for the next Senedd election in 2026.
Responding to Committee changes
The Senedd’s Legislation, Justice and Constitution (LJC) Committee called for a number of changes to be made to the Bill, to clarify the scope of new powers for Welsh Ministers.
The Welsh Government made changes in response to recommendations 4, 5, 7 and 10 of the Committee’s stage 1 report. This included ensuring a pilot on automatic registration of voters must be completed before the power to introduce such a system is used by Welsh Ministers.
The Bill gives Welsh Ministers and other bodies powers to undertake pilots on how elections are run. The Bill, as introduced to the Senedd, listed a range of areas and gave Welsh Ministers powers to change this list. The LJC Committee was concerned about Welsh Ministers having powers to change the list. The Bill was amended to remove this power.
Improving diversity
The Bill was amended to include a new duty on Welsh Ministers aimed at improving the diversity of candidates.
Welsh Ministers would now be required to issue guidance to political parties on collecting and publishing diversity information on candidates standing in Senedd elections, and on developing strategies to improve the diversity of candidates standings.
The Welsh Government said these changes respond to recommendations made by the Special Purpose Committee on Senedd Reform .
The Bill includes other measures to improve the diversity of people standing in devolved Welsh elections. These include powers for Welsh Ministers to establish financial assistance schemes to help candidates overcome barriers to participation.
The Senedd’s Local Government and Housing Committee called on the Bill to be amended to ensure financial assistance could be paid towards candidates with caring costs and responsibilities. The Welsh Government confirmed the Bill as drafted could enable this to take place without further amendment.
Other changes
The Bill includes provisions on community council arrangements.
Joel James MS, tabled an amendment to disqualify Senedd Members or community councillors from also being a “proper officer” of a community council.
The change wasn’t agreed at Stage 2, but the Counsel General said the Welsh Government supported the principle of the amendment and would work with the Member to make an amendment during Stage 3.
Will the Bill be changed again?
The Counsel General has made it clear the Welsh Government doesn’t support the change made to disqualify members and candidates for deception and will table an amendment to remove it from the Bill.
Whether the Senedd decides to keep the provision or remove it from the Bill will be a key question for the Senedd during Stage 3.
You can follow this debate and votes on further changes on 2 July on Senedd.tv.
Article by Nia Moss, Senedd Research, Welsh Parliament
