The Senedd Cymru (Member Accountability and Elections) Bill will move a step closer to becoming law next week when the Senedd debates Stage 3 amendments.
The Bill aims to establish a system of recall for Members of the Senedd, reinforce the independence of the Senedd’s standards regime, and empower a future government to address false or misleading statements made during election campaigns. Our earlier article gives a full summary of the Bill.
Ahead of Stage 3, this article looks back at the changes introduced at Stage 2 by the Member Accountability Bill Committee.
Changes to the process for recall guidance
One of the proposed routes for a Member to face a recall poll is for the Senedd to vote in favour of initiating one following a Standards of Conduct Committee report recommending recall. Under the Bill as introduced, the Committee could only make such a recommendation once ‘recall guidance’ had been agreed by the Senedd.
Following recommendations made by the Member Accountability Bill Committee at Stage 1, amendments were agreed at stage 2 that will change the process by which this guidance is agreed.
Firstly, the Standards of Conduct Committee will now be required to prepare draft recall guidance and consult publicly on it. This was previously a discretionary power but the Committee felt that given its importance to the functioning of the recall process, it should become mandatory.
Second, the threshold for approving the recall guidance has been lowered. Whereas the Bill originally required a two‑thirds majority in the Senedd, the guidance will now need only a simple majority. The Member Accountability Committee recommended a simple majority would provide greater consistency with other matters relating to standards of conduct such as votes on whether or not a Member should be sanctioned for a breach of the code of conduct. .
Additional powers for the Electoral Management Board
The Electoral Management Board (EMB), established by the Democracy and Boundary Commission Cymru in 2025, coordinates the administration of Welsh elections and referendums.
In its stage 1 report on the Bill, the Member Accountability Bill Committee highlighted that the Bill did not extend the EMB’s remit to cover recall polls. The Committee recommended making this change, and this was supported by the EMB.
Amendment 55 was agreed at stage 2 proceedings. It amends the Democracy and Boundary Commission Cymru etc. Act 2013 to bring recall polls within the EMB’s electoral administration functions. It also allows the EMB to direct returning officers and electoral registration officers in respect of recall polls.
New requirement to appointment lay members
There were a number of amendments agreed by the Committee to the Bill’s provisions relating to the Standards of Conduct Committee and in particular lay members of the Committee. Lay Members - individuals who are not Members of the Senedd – are intended to bring external expertise and independence to the Committee’s work.
Whilst supporting the principle of the Bill’s proposals, the Member Accountability Bill Committee felt that some of Part 2 was overly prescriptive about how the Senedd should manage its own affairs.
Amendments (40-45) tabled by Lesley Griffiths MS, which were agreed by the Committee, made a number of changes to the Bill:
- There is now a requirement for the Senedd’s Standing Orders to specify that the Standards of Conduct Committee must include one or more lay members;
- A transitional period will apply until 7 May 2027 before the requirement to appoint lay members applies. This will allow the Standards of Conduct Committee to conclude any preparatory work and for the recruitment process to take place; and
- Changes were made to the eligibility criteria for lay members. Former Members of the Senedd, as well as former MPs, MSPs, MLAs, and police and crime commissioners, will now be permanently disqualified from serving. The list of disqualifying offices is also extended to mirror those applied to Members of the Senedd, with the exception of judicial offices.
Eligibility and Welsh language requirements for the Commissioner for Standards
Sections 19 and 20 of the Bill relate to the Senedd Commissioner for Standards, whose main role is to investigate complaints about the conduct of Members of the Senedd.
Two amendments were agreed at the Bill’s stage 2 proceedings relating to the Commissioner. Amendment 53 provides that the Commissioner for Standards would cease to hold their office if they become a member of the UK Parliament, Scottish Parliament, Northern Ireland Assembly, a principal or community councillor in Wales or a police and crime commissioner.
Amendment 2, tabled by the Counsel General and Minister for Delivery, Julie James MS, adds the Commissioner for Standards to the list of public bodies in Schedule 6 to the Welsh Language (Wales) Measure 2011. This marks the first step towards applying the Wesh language standards to the Commissioner and giving Welsh speakers additional rights when dealing with the Commissioner. The amendment partly addresses recommendation 10 of the Member Accountability Bill Committee’s stage 1 report.
No change to Part 3 of the Bill
The final group of stage 2 amendments related to Part 3 of the Bill, which includes delegated powers for the Welsh Ministers to make a future law – via an Order - to address false or misleading statements made during election campaigns.
These amendments, all tabled by Adam Price MS and Sioned Williams MS, sought to add additional details to the provisions in the Bill, to set a deadline for when the Welsh Ministers would have to make the law by and to provide enhanced Senedd scrutiny of a future Order.
Despite significant concerns raised by Senedd committees during Stage 1 about creating a criminal offence through secondary legislation, no amendments were agreed and Part 3 remains unchanged. However, the Counsel General did commit to hold further discussions with Members ahead of stage 3 proceedings.
Stage 3 proceedings
The stage 3 proceedings of the Bill will take place on Tuesday 17 March and will provide a second opportunity for amendments to be made. All Members of the Senedd will debate and vote on the proposed amendments.
During Stage 2, the Counsel General made several commitments to further discuss a number of issues with Members ahead of stage 3. These include:
- Whether recall guidance should include more detailed examples of conduct that could trigger a recall poll;
- Disqualification arrangements for the Commissioner for Standards; and
- Provisions for a panel to hear appeals against decisions made by the Standards of Conduct Committee.
All amendments tabled for stage 3 proceedings will be published on the Senedd website and proceedings will be broadcast live on Senedd.tv.
Article by Josh Hayman, Senedd Research, Welsh Parliament
