Politics
Supreme Court looms as gender quotas bill progresses
PLANS to introduce gender quotas in Senedd elections moved a step closer amid concerns the bill is “highly likely” to be challenged in the Supreme Court.
Senedd members agreed the general principles of the gender quotas bill, which would require at least half of a political party’s candidates to be women.
Jane Hutt reiterated her position Wales has the necessary powers to pass the bill but confirmed implementation would be delayed until the 2030 election.
She said the plans were pushed back due to concerns about the potential impact of legal challenges on the conduct and outcome of the 2026 election.
Ms Hutt, who is in charge of the bill, said the landmark legislation would make the Senedd more effective as well as more reflective of the people it serves.
Adam Price, who represents Carmarthen East and Dinefwr, urged the Welsh Government to work with Labour colleagues in Westminster to grant Wales the required powers.
The former Plaid Cymru leader said an order – under section 109 of the 2006 Government of Wales Act – could bring the bill within the Welsh Parliament’s scope.
Mr Price argued a section 109 order would take the reasons the Welsh Government has given for delaying implementation to 2030 off the table completely.
He asked: “Why couldn’t we apply for that order in council today, from a Labour government at Westminster, so that we can have a gender-balanced parliament in 2026?”
Ms Hutt replied that a section 109 order would not put the question of whether the Senedd has powers beyond doubt, nor remove the risk of referral to the Supreme Court.
David Rees, who chaired the Senedd reform committee tasked with scrutinising the bill, raised witnesses’ concerns that gender quotas could be susceptible to abuse.
He reiterated calls for any false statement on nomination forms to be an electoral offence, a committee recommendation that was rejected by the Welsh Government.
The Labour backbencher said the committee heard conflicting views on whether the Senedd has the necessary powers but most evidence from legal advisers suggested it does not.
In a letter to MSs when the bill was introduced in March, Elin Jones explained her position that the bill relates to a reserved matter and is not within the Senedd’s powers.
The Senedd’s speaker or Llywydd said her view was based on legal tests and advice as she stressed that the question can only be definitely answered by the Supreme Court.
Mike Hedges, chair of the Senedd legislation committee, warned the bill could give the Welsh Government a “blank cheque” to legislate on some electoral matters.
Outlining his committee’s recommendations, he raised concern about the balance between the details in the bill itself and those that will be left to subordinate legislation.
Mr Hedges, a Labour backbencher who represents Swansea East, was disappointed by a decision to curtail scrutiny of the bill – only for the “stage-one” debate to be delayed.
Peredur Owen Griffiths, who chairs the finance committee, raised concerns about the unquantified cost of the bill being referred to the Supreme Court.
The Plaid Cymru politician pointed out that this is the first time the Llywydd has issued a statement that a bill would not be within powers.
Darren Millar, for the Conservatives, opposed the bill and the principle of gender quotas, arguing the proposed system is neither proportionate nor appropriate.
He said the reform committee heard the bill is highly likely to be challenged in the courts.
The Tory told the Senedd the bill bears little resemblance to the initial plan for gender-zipped lists which was “hatched” in a Labour-Plaid Cymru agreement.
He said the system would allow political parties to put forward lists of candidates that could be 100% female but only a maximum of up to 50% male.
Mr Millar, who represents Clwyd West, warned the bill pits one aspect of diversity, gender, against others “which are completely ignored” such as disability, age, faith and race.
Heledd Fychan, for Plaid Cymru, told the chamber gender equality is vital for a healthy and functioning democracy, expressing disappointment at the delay.
Picking up on comments from Mr Millar about people being elected on merit, the South Wales Central representative said: “We are not in an equal society; there are so many barriers that stop women from being able to be appointed to a myriad of different roles.”
Ms Fychan said the problem is not unique to Wales, with only six countries having a 50% or higher proportion of women in their parliaments.
“At the current rate … gender parity won’t be achieved globally until 2063 at the earliest,” she said, adding that female politicians face terrifying levels of hate, sexism and harassment.
Ms Fychan called on the Welsh Government to unequivocally demand the relevant powers.
Carolyn Thomas, a Labour backbencher who represents North Wales, said she once believed in meritocracy but she has experienced unconscious bias “time and time again”.
Rhys ab Owen, an ex-barrister who sits as an independent, raised concerns about “weak” wording, such as the use of “may” rather than “must” in section 71 of the bill.
Ms Hutt, who is chief whip and Trefnydd, the Welsh Government’s business manager, said ministers are considering the section 109 route but she stressed it is not straightforward.
Following the July 16 debate, MSs voted 39-14 in favour of the general principles of the bill, which now moves to the first amending phase in the Senedd’s four-stage legislative process.
If passed, the counsel general or attorney general – the Welsh and UK Government’s chief legal advisers, respectively – have four weeks to refer the bill to the Supreme Court.
Politics
Senedd ‘sidelined’ by Westminster water bill
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.
News
Calls for ban on lying in Senedd by end of the year
A LOCAL politician has called on the Welsh Government to ban politicians from lying in the Senedd.
Speaking in the Senedd on Tuesday, Mid and West Wales MS Jane Dodds MS called on the First Minister Eluned Morgan to confirm that legislation on political deception will be passed this year.
Last summer, Jane Dodds MS voted in favour of a motion which would make it an offence for a Senedd member, or a candidate for election to the Senedd, to wilfully or with intent to mislead make or publish a statement that is known to be false or deceptive.
The Welsh Government has previously committed towards making lying in Welsh politics an offence.
According to data from the Veracity Index, in 2024 only 9% of the public trusted politicians to tell the truth-the lowest score in forty years.
The Welsh Liberal Democrats have backed plans to ban lying in the Senedd, as part of their pledge to clean up Welsh politics.
Commenting on the need to restore trust back into Welsh politics, Mid and West Wales MS Jane Dodds said that “we need to counter the rise of misinformation and its damaging consequences.”
We need to look no further than the event of last summer, where misinformation spread by elected officials led to riots that left lasting damages on countless communities.
Mistruths and lying can and have had a devastating impact on the lives of millions of people, which is why we must act now.
We can no longer tolerate the hijacking of our political system by mistruths and deception, We have return power back to voters.
The stakes have never been higher and the Welsh Government cannot afford to sit by and watch as public trust in our democratic institutions continues to erode away. “
News
Ex-FM declares interest amid calls for crackdown on political donations
VAUGHAN GETHING declared an interest as the Senedd’s petitions committee discussed calls for a crackdown on donations to politicians.
The former first minister made the declaration as the committee considered a petition calling for stricter rules to limit gifts, donations and payments received by Senedd members
Mr Gething, who broke no rules, stood down in August amid controversy around a £200,000 donation to his Welsh Labour leadership campaign from a convicted polluter.
During the declaration of interest section of Monday’s meeting, he said: “I don’t think I have a declaration of interest but the petitioner, I think, is talking about me in part of it.”
In her 343-name petition, Lyn Eynon wrote: “There has been wide public concern over large donations given to a prominent Member of the Senedd. Lessons must be learnt from this.
“Wales must preserve and enhance its reputation for transparency and integrity.
“All MSs have a duty to ensure that no conflict arises, or appears to arise, between their public duties and their private interests.”
Senedd members agreed to keep the petition open while the standards committee concludes its inquiry into the registration and declaration of interests.
Mr Gething wrote to the standards committee in May, acknowledging concerns and calling for a review of the rules on donations made to Senedd members.
The standards committee – which is now chaired by Hannah Blythyn, who was sacked by Mr Gething amid claims of leaking – is expected to continue this work in the summer term.
Mr Gething also drew the committee’s attention to a petition on Covid-19 vaccine side effects, pointing out he was health minister at the start of the vaccination programme.
While the petition met the 10,000-name threshold to be considered for a Senedd debate, committee members agreed to close the petition submitted by Alison Butler.
Rhys ab Owen, an independent member of the petitions committee, pointed out that module four of the UK Covid inquiry will consider and make recommendations on vaccines.
He said: “I don’t think it’s appropriate for us to have any debate in the Senedd, bearing in mind only a quarter of those who signed the petition were based in Wales.”
Mr Gething said he will be giving written evidence to module four of the Covid inquiry but he was unsure whether he will be called to appear in person.
Committee members also closed a 443-name petition, submitted by Jasmin McNally, calling on the Welsh Government to scrap its “racist and ridiculous” anti-racist Wales plan.
Mr Gething pointed out that the plan was endorsed by all parties in the Senedd.
“The petitioner’s entitled to have a different point of view,” he said. “But we’re not going to change government policy or the view of the Senedd on this.
“I disagree in strong terms with the emotive and offensive language used by the petitioner but that’s what happens in a democracy.
“I don’t believe there is more action the committee can take. We simply have a disagreement of views and if she wants people who agree with her, the ballot box is the way to do it.”
During the meeting on January 20, Senedd members discussed a 271-signature petition, calling for meat-free Mondays in every school in Wales.
Manon Thompson, the teenage petitioner, wrote that meat-free Mondays – as adopted by Cardiff council – would reduce carbon footprints and save the lives of animals.
The committee thanked the young campaigner, agreeing to close the petition with Welsh ministers expected to hold a consultation on healthy eating in the spring.
Members also noted a letter from the European Broadcasting Union (EBU), dashing petitioners’ hopes of S4C pulling together a bid for Wales to compete in Eurovision.
Bakel Walden, from the EBU, wrote: “As the BBC continues to participate, and remains the rights holder in the United Kingdom, this means an entry from the individual nations of the UK is therefore not possible at the Eurovision Song Contest.”
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