Committee Report: The
Senedd Cymru (Member Accountability and Elections)
Bill
The Senedd Cymru (Member Accountability and Elections) Bill was
introduced by the Welsh Government with the aim of enhancing the
democratic accountability of Members of the Senedd (MSs) and make
new rules about the conduct of candidates at Senedd elections.
The Bill is currently at Stage 1, where a
Senedd Committee examines and reports on its general principles.
The Member Accountability Bill
Committee was specifically set
up to scrutinise the Bill and gather evidence before the next
stages of lawmaking. It follows recommendations from previous
reviews into individual member accountability by the Senedd's
Standards of Conduct Committee, and aims to strengthen the
systems that exist which regulate and sanction the behaviour and
conduct of MSs and candidates at Senedd elections.
Key Messages – Committee's Views
The Committee supports the principle of stronger accountability
but says the Bill needs major improvements before becoming law.
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Concerns about scrutiny:
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- The Bill's introduction in the final months of the Sixth
Senedd meant there was limited time for consultation and
engagement with the public, and the Senedd has been placed in
an unenviable position.
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Over-reliance on secondary, unamendable,
legislation:
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- Many critical details, including about how a recall poll
would operate and the scope of a prohibition on the making or
publishing of false or misleading statements, are left to
future secondary legislation rather than being set out in the
Bill. As for the latter point, the Committee is clear that
the creation of a new criminal offence such as this should be
in primary legislation, where it is subject to fuller
scrutiny and can be amended.
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Risks to free speech:
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- Introducing a criminal offence prohibiting the making or
publishing of false or misleading statements of fact during
an election is highly complex, not least because of the fine
line between respecting protected rights to free speech while
also safeguarding democratic integrity.
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Timing and practicality:
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- Full implementation of recall is unlikely until well into
the Seventh Senedd, reducing its immediate impact.
