, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
The Fixed-term Parliaments Act, and that was brought in for very specific reasons. It was extended for the Senedd to five years, solely to avoid all the complications and difficulties that would arise if polls were taken on the same day. That legislation has…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
It is an important point. The technical rationale is essentially this, isn't it? From the commencement of the National Assembly for Wales, which has now become the Senedd, the Welsh Parliament, four years was always the period of time that was considered…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
I think that would not be achievable under this legislation, and it would not be a reasonable interpretation of 'consequential' to do that. That would be a very substantial change and would, in fact, expose the legislation to legal challenge as well.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Consequential is essentially changes that occur as a result of your legislation or other legislative changes—the type of changes because a name needs to be changed and so on—but they do not change the actual policy intent of the legislation itself. So, it is…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Thank you for that. I think it purely comes down to the time frame that we're in in order to get the recommendations there in time, and again, counting back. The way I've looked at this is I think that we'd be looking at a commission report, if the…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
I think you're specifically referring to the system of pairing that will take place, and then the reporting to the Senedd. I think it's basically a recommendation, as well, of the special purpose committee, if I recall correctly, that the process of the new…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
That's absolutely right. It is futureproofing.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
I'm just trying to remember now whether it was one of the recommendations of the special purpose committee.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Well, I think that's because, in terms of looking forward to what we anticipate some of the demands of Government would be in an increased Senedd, looking at the existing pressures on Government in terms of ministerial functions and capacities, you can look…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
If I can just say, first of all, the recommendation in terms of increasing the size of Government, I think that was one of the things that was recognised in the special purpose committee and it's also recognition of the fact that with increased…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
That's the only requirement, and it's simple, it's clear, and it's one that probably is the clearest in terms of ensuring there is no confusion as to qualifying rights.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Well, the only requirement is that you're on the electoral register, and if you're on the electoral register, then you qualify to be a candidate, you qualify to stand to become a Senedd Member.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Well, if there are recommendations to that effect, that's a matter that would obviously have to have consideration, but at the moment, the fact of the matter is that someone may be working in Wales—there are many people who work in Wales who don't live within…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Yes, there was considerable thought given to all of the different options around that. We're looking very carefully at the sort of discussions that have taken place, the considerations over residency, how it might work, discussions that have taken place, of…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Well, it's one of those things that has been considered. You'll see from the impact assessment that equality issues have been considered. We don't consider that this is an equality issue; this is an issue, basically, of what the democratic framework is in…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
It is something that we looked at very, very carefully. The problem is this: the moment you start trying to look at special cases, special circumstances and so on, you actually enter an area where it’s almost impossible to legislate. I know there have been…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
The answer is 'yes'. If you are no longer within the—
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Well, if you’re a Member of the Senedd, you’re making laws for the whole of Wales, so I think it’s reasonable that in terms of being able to be a candidate within Wales, as long as you’re on the electoral register—. The electoral register in a constituency…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
I think it is. Where do you actually draw the boundary? No pun intended there. Whether you’re 10 yards over, 100 yards, 100 miles over, I think the principle is: if you are making laws for the people of Wales, then you should live within Wales, or be…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
I think it's relatively straightforward. Firstly, in terms of residency, residency is well defined within existing legislation in terms of the Representation of the People Act 2000, so that gives clarity in terms of the residency qualification there. The…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Section 6 is compatible. Many other countries set their own residency requirements. We are completely in accord with that. Where it has been tested in legal cases has only actually been as a peripheral issue, and there was no need, I think, within that…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
It's not normal to do so. If there are any specific concerns that the committee has on any human rights convention issues, then I'm more than happy to reply in correspondence. But, to be honest, this is a matter of a Parliament setting out its own electoral…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Thank you for the question. The answer is 'yes'. In all legislation that comes forward, one of my obligations as Counsel General is to consider competence, all aspects of it, which would include the convention rights, but also all the other conventions that…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
It is. There are certain modifications to the Secretary of State's functions under section 13A(1)(b) of the Government of Wales Act 2006, which are a consequence of the Bill removing the scope for a Senedd by-election, and therefore the Secretary of State's…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Members and Elections) Bill: Evidence session with the Counsel General and Minister for the Constitution
Yes.
