In seeking this Senedd’s agreement to the general principles of their Welsh Elections (Coronavirus) Bill, the Welsh Government is essentially asking us to recycle the points and arguments made when we debated and agreed to the introduction of this Government Emergency Bill just one week ago.
As I then stated, “an Emergency Bill streamlines the Senedd’s law making and accountability processes, and should therefore only be used when there is a real and unforeseen emergency”.
As I also noted, “the Scottish General Election (Coronavirus) Bill, enabling Scottish Government Ministers to delay the Scottish General Election beyond 6th May, subject to a vote of the whole Scottish Parliament, was first introduced in the Scottish Parliament on 16th November 2020, and although it passed through an accelerated timescale, MSPs still had over 5 weeks to consider the Bill.
The proposed Welsh Government timetable for this Bill will, in contrast, give MSs just over 2 weeks scrutiny until Stage 3.
Although the Pandemic crisis has been here since March 2020, and we have known the date for the next Welsh Parliament election for 5 years, the First Minister didn’t suggest a change in regulations until November.
We must therefore again ask why the Welsh Government has put itself in the situation where it needs to be using such emergency procedures, when it was evident that the Pandemic would still be dominating the agenda?”
Understandably, there is concern about creation of a conflict of interest, where the First Minister empowered by this legislation to formally request an election delay, will be the same person leading the election campaign for one of the Parties in these elections, Welsh Labour.
We voted last week to agree that the Welsh Government can introduce this Bill as an Emergency Bill in the Senedd, recognising the potential need for a delay based on a badly deteriorating public health situation.
However, as I then stated, “we are only lending you our vote”.
The Welsh Government has not said what situation the pandemic needs to be in to require an election delay and our continued support would require the Welsh Government to specify what the “bar” will need to be before the First Minister formally requests a delay.
We are concerned that they are still finding reasons not to do this - and therefore urge them to note the seriousness of our position on this.
We do recognise that some of the Bill’s content has merit.
However, we remain concerned that some proposed content may only be introduced as Welsh Government amendments at a later date.
We took part in the Welsh Government’s Elections Planning Group last summer and there are a number of concerns that we still have from the planning group, including:
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- Extending voting over multiple days: where, for example, voters would be disenfranchised if they thought that voting on another day for the Welsh Parliament would still enable them to vote for their Police and Crime Commissioner.
Excepting absentee voting, we will therefore be seeking the Senedd’s support to stop the multiple days in person voting.
We will also be seeking the Senedd’ support:
- to ensure that Members are prevented from using their office allowance or their communication allowance to promote themselves in what would have been the dissolution period.
- To reduce from 21 the period of days the next Senedd needs before having its first meeting, where swearing in can be done online - and ‘photo days’ can be put in place for new members to have their photo taken in the chamber, if permissible under the Covid rules then applying.
- To reduce the period to which the power to delay the election from 6 to 4 months, where we need to have the election done before any potential rise in Covid-19 cases during the colder months.
- And to stop a situation in which the election could be delayed more than once.
Clarity is also needed over what would happen to postal votes cast prior to an election delay being agreed.
The Pandemic has shone a bright light on Devolved Government in Wales - and delaying the Welsh General Election due to take place on the 6th May should only be considered in exceptional emergency circumstances.
After all, elections have taken place in several countries during the course of the pandemic, including the United States, Spain, France, Canada, New Zealand and South Korea.
Few here would contest the validity of President Joe Biden’s victory in the US election – and, as South Korea’s Director General for Public Health Policy stated, not one Covid-19 case related to the election was reported during the 14 day incubation period there.