Warning against “undemocratic” 10% recall threshold for Senedd Members

Published

8 months ago

June 4, 2024

A 10% THRESHOLD for voters to remove Senedd members from office between elections would be undemocratic, the standards commissioner warned.

Douglas Bain, who investigates complaints against Senedd members, gave evidence to a standards committee inquiry looking into introducing a system of recall.

He said: “I very much welcome anything that will strengthen the ability of the public to call to account members of the Senedd. I think that should always be welcome.”

But Mr Bain warned that the closed-list electoral system, which will see people voting for parties rather than candidates from 2026, poses major difficulties.

He said: “If a member was recalled, the public – the electorate – would not have a choice of who might be elected, with the automatic election of the next person on the party list.”

He told the committee it would be “quite wrong” to replace a member in this way, without a byelection, “because only 10% of the electorate have said that’s what they want to happen”.

Stressing it’s a personal view, and ultimately a matter for the Welsh Parliament to decide, Mr Bain said: “I wouldn’t regard that as democratic or acceptable.”

He added: “There has to be some sort of mechanism to ensure actually it’s the will of not just 10% of the people that the member should be replaced, but it’s the majority of the people.”

Peredur Owen Griffiths, a Plaid Cymru member of the committee, pointed out that an MS could be elected with 40% of the vote yet removed with 10%.

Mr Bain suggested giving the standards committee powers to recommend disqualification could work as an alternative but this could be viewed as MSs marking their own homework.

Asked whether proxy and postal votes should be allowed as part of a recall mechanism, Mr Bain said the extra verification steps would unduly complicate the process.

Vikki Howells asked about Westminster’s criteria for triggering a recall petition: a prison sentence of less than 12 months, a ten-day suspension, or an expenses conviction.

Mr Bain, who was appointed in 2021, told the committee chair it is a good starting point.

The standards commissioner said there could be an argument for reducing the 12-month sentence threshold, above which members are automatically disqualified.

He asked: “Is it acceptable that someone who’s been sentenced to six months’ imprisonment … to remain a member of the Senedd? I think many would think the answer is ‘no’.”

Asked if members should be able to appeal, Mr Bain said in his experience of the complaints process, introducing an appeals mechanism risks prolonging the agony for everyone.

He recommended following Westminster’s model as closely as possible, adapting it for Wales as necessary: “Why try to reinvent a wheel that seems to work reasonably well?”

Mr Bain previously served as acting commissioner following Sir Roderick Evans’ resignation in 2019 after he was secretly recorded by Neil McEvoy, the former Plaid Cymru MS.

The commissioner, who is based in Northern Ireland, said a vote of the whole Senedd and a weighted majority should be required due to the serious nature of the recall decision.

“Otherwise it could be used by a party that had a greater number of seats in the Senedd simply to remove opposition, which would be wholly unacceptable,” he warned.

But Joe Rossiter, co-director of the Institute of Welsh Affairs, suggested a vote of the whole Senedd is unnecessary and risks politicisation, with members voting in party blocks.

Mr Rossiter, who joined the independent think tank and charity in 2022, described the members and elections bill as a missed opportunity to include a recall mechanism.

He told the meeting on June 3: “The public have a right to expect high standards from elected officials who are having an increasing impact on everyday life in Wales.”

Ms Howells asked whether politicians should be recalled for changing their allegiance, saying voters are often vexed and lack representation when an MS joins another party.

Mark Drakeford suggested members should be allowed to leave a political group but then only be able to sit as an independent for the rest of that Senedd term.

“They wouldn’t be able to hawk themselves around to different political groups,” he said.

The ex-first minister suggested it is unlikely the main parties will exhaust their 12-candidate lists for constituencies, saying: “You’d have to have a very, very substantial run of bad luck.”

Mr Drakeford said any independent MS would effectively be on a list of one but he argued it would be preferable for the seat to sit vacant rather than hold a by-election.

He told the meeting the unintended consequences of holding by-elections under the new fully proportional system outweigh the problems arising from a vacant seat.

Natasha Asghar, for the Conservatives, asked whether Wales should introduce a public body, similar to the Independent Parliamentary Standards Authority (Ipsa) in Westminster.

Mr Rossiter said an Ipsa-style approach could raise standards throughout the Senedd as an institution, not only among individual members, but it would require more investment.

Community projects celebrate their UK Government funding successes

Published

14 hours ago

January 23, 2025

Tom Sinclair

A CELEBRATION event brought together 25 community projects that have benefited from more than £1.3million in UK Shared Prosperity Funding in Pembrokeshire.

Pembrokeshire County Council facilitated the development programme for third sector organisations and social enterprises which covered three intervention areas across the County – capital projects, green infrastructure and social action.

The diverse range of projects including community facilities, youth projects, growing sites, environmental awareness action, pet therapy, museums and more.

Project leads came together at HaverHub, Haverfordwest on January 22^nd to celebrate and discuss the outcomes of their work, with the majority having exceeded targets with some breath-taking achievements highlighted.

Some key successes already evidenced include the improvement or creation of around 25,764m² of publicly accessible spaces, 934 community events or activities supported and 2228 volunteering opportunities created/ supported, with final reports still to be submitted.

SPF Communities Coordinator Heidi Holland said: “This network of organisations has strengthened and benefited from opportunities to come together, visit other projects, share good practice and willingness to develop collaborative approaches as a legacy moving forward to impact on future generations.”

Among those at the event were Cilrath Acre, Sandy Bear, Cleddau Project, Milford Haven Maritime and Heritage Museum, West Wales Rivers Trust, Point – Fishguard and Goodwick Youth Project and Menter Iaith Sir Benfro.

Cllr Paul Miller, Cabinet Member (SPF Lead), said: “It was great to see such a wide range of projects, from right across Pembrokeshire, who have benefited from the SPF Communities Funding. SPF funding will re-launch in April 2025 and we look forward to being able to support more organisations across the county delivering meaningful improvements in their communities.”

News

Henry Tufnell MP welcomes action to protect households from poor insulation

Published

15 hours ago

January 23, 2025

Tom Sinclair

HENRY TUFNELL MP has welcomed new government measures to address poor-quality insulation and energy efficiency installations under schemes such as ECO4.

The announcement introduces stronger consumer protections, following Henry’s consistent advocacy on behalf of his constituents and his recent interventions in the House of Commons.

The government’s measures include:

Stricter enforcement against non-compliant installers.
Enhanced support for homeowners to resolve complaints.
Mandatory compliance with TrustMark standards for all work under these schemes, ensuring adherence to the highest levels of quality through the Microgeneration Certification Scheme (MCS).
A strengthened complaints process via TrustMark to safeguard households and improve accountability.

Henry Tufnell MP has been a vocal advocate for addressing substandard insulation. Last month, he submitted two written parliamentary questions to the Department for Energy Security and Net Zero, highlighting constituents’ concerns and urging greater oversight.

Today, speaking in the House of Commons, Henry reiterated the importance of robust regulation, stating:

“I am so pleased that our new Labour government is taking immediate action on this issue. No one should have to deal with substandard installations or bear the cost of shoddy workmanship. I will work closely with the government to ensure that these measures deliver real change for affected households.”

Henry urged constituents experiencing issues with recent installations to visit the TrustMark website for guidance on lodging complaints: www.trustmark.org.uk/homeowner/support/complaints-process.

Politics

Senedd ‘sidelined’ by Westminster water bill

Published

2 days ago

January 22, 2025

Chris Haines, ICNN Senedd reporter

The Senedd signed off on proposed UK legislation to regulate the water industry despite concerns about the Welsh Parliament being “sidelined” by Westminster

Senedd members voted to consent to the UK water (special measures) bill, which aims to address governance issues and poor performance from water companies on pollution.

But Llŷr Gruffydd, who chairs the climate change committee, said the Senedd was “at the mercy” of the UK Government, with time for scrutiny curtailed.

Mr Gruffydd warned of a “huge” increase in Westminster legislation in devolved areas, saying: “I know ministers in the Welsh Government believe it is appropriate in many cases.

“It might be possible to defend their position if the system worked but it does not, which, in my opinion, undermines the position of the government.”

‘Sidelined’

The Plaid Cymru politician said Huw Irranca-Davies, the deputy first minister, is well aware of the shortcomings of a legislative consent process he is now using so enthusiastically.

He pointed out that Welsh Water operates a different ownership model to water companies in England, saying governance proposals must suit Wales’ circumstances.

Mr Gruffydd, who represents North Wales, said the funds generated by fines levied on companies should stay in Wales to improve services and infrastructure.

Labour’s Mike Hedges, chair of the legislation committee, warned the Senedd was being “sidelined” and the legislative consent motion was “at odds” with ministers’ aims.

He said the Welsh Government’s 2015 water strategy stated the objective was to align regulatory boundaries for water and sewage with the Wales-England border.

‘Piggybacking’

Mr Hedges told the Senedd: “Elected Members of the Senedd are being prevented from having a full say on legislation affecting rivers through their constituencies.

“While MPs in England will be able to table amendments to the bill on matters that affect Welsh rivers, Members of the Senedd are being denied that opportunity.

“Overall, the evidence provided by the Welsh Government to support this approach to using a UK Government bill to legislate for Wales has not been persuasive.”

Mr Hedges, who represents Swansea East, warned the case for piggybacking on a UK bill was weak, with decisions taken too quickly and potentially not fully thought through.

He described the process as an unsatisfactory and regrettable way of making law for Wales.

‘Chaotic’

Janet Finch-Saunders said the Conservatives would support the motion, with more accountability required in light of the “chaotic” response to the Conwy water crisis.

The Aberconwy Senedd member welcomed powers in the bill to restrict bonuses paid to executives where water companies fail to meet required standards.

Plaid Cymru’s Delyth Jewell agreed the bill could strengthen efforts to reduce water pollution, particularly by enhancing the powers of regulators such as Ofwat.

Her party colleague Adam Price derided an insistence that water is inherently a cross-border issue, pointing out that many rivers and tributaries cross European borders.

Mr Price urged Welsh ministers to grasp powers – set out in the St David’s Day agreement on devolution which led to the 2017 Wales Act – to give the Senedd full control over water.

‘Lasting change’

Mr Irranca-Davies, who is climate change secretary, stressed that what happens upstream in England affects what happens downstream in Wales, and vice versa.

He said: “That means in order to make real and lasting change we must work together,” pointing out that Ofwat and the Drinking Water Inspectorate cover Wales and England.

He explained the bill will strengthen the regulator’s powers to address water pollution, limit bonuses and allow Natural Resources Wales to recover costs from water companies.

The deputy first minister added: “It is absolutely right to ensure that implementation is done in the best way for Wales, some of the measures … are likely to proceed differently.”

The Senedd voted 37-0 in favour of the legislative consent motion, with 10 Plaid Cymru members abstaining, following the debate on January 21.