On Tuesday 13 January 2026, the Senedd will decide whether a Bill aimed at strengthening the accountability of Members and tackling disinformation at Senedd elections will progress to its next stage.
The Senedd Cymru (Member Accountability and Elections) Bill proposes a system of ‘recall’ for Members of the Senedd, changes the standards regime for Senedd Members and enables a future government to prohibit false or misleading statements during Senedd elections. Our previous article looked at the Bill’s proposals in detail.
The Bill is coming to the end of the first stage of legislative scrutiny, with three Senedd committees publishing reports outlining their views on the Bill’s proposals. This article will explore some of the key themes that have come from scrutiny of the Bill.
Do the ends justify the means?
A common theme throughout the Member Accountability Bill (MAB) Committee and Legislation, Justice and Constitution (LJC) Committee’s reports is criticism of the way the Bill has been developed, been consulted on and the time made available for Senedd scrutiny.
Both committees are supportive of the aims of the Bill and recognise the importance of introducing a recall system for the Senedd and strengthening accountability. However, they have both said that if the Senedd agrees to the general principles of the Bill, it will need significant improvement and amendment before becoming law.
The Bill can be amended at the next two phases of the Senedd’s legislative process. Both committees have made recommendations to amend or remove particular sections of the Bill.
Getting the balance right
The committee reports also question whether the balance is currently right between what should be set out in law and what should be left to the Senedd to decide for itself.
In evidence to the MAB Committee, the Llywydd stressed that some of the provisions of the Bill could be in conflict with the principle that a parliament “should be free to govern itself, free from external influence”.
This relates in particular to Part 2 of the Bill, which sets out changes to the Senedd’s standards regime. Both committees concluded that sections of this Part were too prescriptive about what the Senedd can and cannot do to manage its own affairs. They recommended that the majority of section 18 of the Bill be removed. Instead, they suggest it should be limited to a requirement for a Standards of Conduct Committee and to enable lay members to be appointed to that Committee.
Developing criminal offences
Another area of principle drawn on by both committee is that new criminal offences should be created in primary legislation – Senedd Acts.
Both reports are critical of the way that section 22 of the Bill has been drafted. Instead of setting out the details of the new criminal offence of making or publishing false or misleading statements, the Bill provides a broad power for the Welsh Ministers to create this offence through secondary legislation.
No details about the offence are currently set out in the Bill for example, who the offence apply to, would it be to all people or just candidates and election agents?
The Electoral Commission highlights that best practice internationally is to be clear about this detail and legal practitioners and experts say that more detail should be put on the face of the Bill and not be left for a future government to decide.
Secondary legislation does not get as much scrutiny as a Senedd Act. It cannot be amended by Members of the Senedd and would leave the Senedd with a ‘take it or leave it’ vote on the proposed offence.
The Welsh Government says it didn’t have enough time to consult on and develop a new offence. Both committees says this is disappointing and puts them in a difficult position. They say the scope of a new offence should be clear. A majority of both committees say that the Government should set out the key details of the proposed new criminal offence on the face of the Bill.
A long way still to go
The Bill faces a tight schedule to be passed before the end of this Senedd term in March 2026. But if it is agreed, there could be a long wait before its proposals are operational.
For example, there a number of steps that need to be taken before a recall poll could be held. These include the Standards of Conduct Committee developing and consulting on recall guidance (which must be approved by the Senedd) and the preparation and making of regulations about the conduct of recall polls.
Taking these into account, as well as the Gould principle that requires law to be in place six months before an electoral event, the MAB Committee concluded that recall will not be operational until “a significant period into the Seventh Senedd”.
What happens next?
The Senedd will debate and vote on the general principles of the Bill on Tuesday 13 January. If it progresses, Stage 2 will be the first opportunity for Members of the Senedd to table amendments to the Bill.
The MAB Committee did not make a recommendation about whether the Senedd should agree to the general principles of the Bill. However, it did recommend that if the Bill progresses to the next stage of the legislative process all Parts must be amended and improved before the Bill is enacted.
You can watch the Bill’s Stage 1 proceedings on Senedd.tv.
Article by Josh Hayman & Nia Moss, Senedd Research, Welsh Parliament
