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“Once-in-a-generation” reforms to the Senedd, including proposals to increase the number of Senedd Members, have been published by the Welsh Government.
The Senedd Reform Bill also proposes to hold Senedd elections every four years instead of the current five, as well as changing the current constituency boundaries to the new borders drawn ahead of the next UK General Election.
The bill has been put forward as part of the Welsh Government’s Co-operation Agreement with Plaid Cymru.
It was put forward on Monday September 18 – exactly 26 years to the day that Wales voted in favour of devolution in 1997.
If two-thirds of Senedd Members back the Bill, the changes will come into force ready for the 2026 Senedd Elections.
It is estimated the costs involved with increasing the number of Senedd Members would cost between £14.5m and £17.5m a year – which is around 0.07% of the annual Welsh budget.
What changes is the Bill proposing?
Currently, the Senedd is made up of 60 Senedd Members. Of these 60, 40 represent constituencies, while 20 represent regions.
Under the new system, the Senedd would have 96 Senedd Members, who would be elected using the D’Hondt formula. The first past the post system would be scrapped.
What is a regional Senedd Member and how are they elected?
At Senedd Elections, voters have two ballot papers. The first is to vote for a candidate to represent a constituency. Wales is divided into 40 constituencies, each electing one Senedd Member using a first past the post system.
The second ballot is to vote for a party to represent the region. Wales is divided into five regions, each electing four regional Senedd Members.
Each party submits a list of candidates for the regions, ranked in order.
The Caerphilly, Islwyn and Merthyr Tydfil and Rhymney constituencies all form part of the South Wales East region.
The regional Senedd Members for South Wales East are Natasha Asgar (Conservatives); Peredur Owen Griffiths (Plaid Cymru); Laura Anne Jones (Conservatives); and Delyth Jewell (Plaid Cymru).
But which Senedd Members are elected through the regional vote isn’t necessarily a case of whoever gets the most votes.
A formula is used to determine who is elected. This is the D’Hondt formula.
How would the D’Hondt formula work?
The D’Hondt method is used in many countries across the globe, including Belgium, Brazil, Estonia, Finland, Iceland, Israel, Japan, Netherlands, Poland, Spain, Switzerland, Turkey and many more. It is also used in European Union elections.
The method would see all parties submit a list of candidates in each constituency, ranked in order. The system is designed to give more representation to parties who wouldn’t otherwise be elected through the first past the post system.
The party with the highest total of votes would have its highest ranking candidate elected as a Senedd Member. That party then has their number of votes divided by the number of seats they have already won in that constituency.
The total votes cast for each party in the constituency is divided, first by one, then by two, then three, up to the total number of seats to be allocated for the constituency, which is six.
Whichever party is top after this then gets their highest ranking candidate elected. The process would be carried out again and again until six Senedd Members are elected.
Under this system, it would be highly unlikely that any one party would be able to win all six vacancies in any given constituency. It would likely be split between representatives from multiple parties.
The number of constituencies would be reduced from 40 to 32, while regions would be scrapped.
The 32 new constituencies would be paired to create 16 constituencies, each with six Senedd Members.
The proposals would also see an increase in the maximum number of Welsh Government ministers who can be appointed. If approved, the number would rise from 12 to 17, excluding the First Minister and Counsel General.
What is the Counsel General?
The current Counsel General is Pontypridd’s Labour MS Mick Antoniw.
The role includes:
- Provision of legal advice to the Government
- Oversight of the work of the Legal Services Department and Office of the Legislative Counsel
- Oversight of prosecutions on behalf of the Welsh Government
- Oversight of representation of the Welsh Government in the courts
- Consideration of whether Bills passed by the Senedd need to be referred to the Supreme Court for determination as to whether they are within the Senedd’s competence (exercised independently of Government)
- Performance of other functions in the public interest including, where the Counsel General considers is appropriate, institute, defend or appear in any legal proceedings relating to functions of the Welsh Government (exercised independently of government)
- Liaison with the Legal Sector
- Chair of the Standing Committee for Cabinet on the Legislative Programme
- Accessibility of Welsh law
- Constitutional Convention and Constitutional Affairs
- Elections policy
- Justice policy and the response to the report of the Justice Commission
- Co-ordination of work on the Common Frameworks
- The UK Internal Market Act
- Tribunals policy
NB. As the Counsel General is not a Welsh Minister appointed under s48 GOWA the Counsel General cannot exercise powers conferred on the Welsh Ministers. Any matter requiring a formal decision of the Welsh Ministers under a statutory power will be exercised by the First Minister or a nominated portfolio minister.
Source: Welsh Government
There would also be the power to increase this number to 18 or 19, with the approval of the Senedd.
Another rule that would come into force as part of the Bill is that candidates for future Senedd elections must live in Wales.
Meanwhile, the Bill also proposes a full boundary review to take place after the 2026 Senedd Election, which would come into effect for the 2030 Senedd Election. The boundaries would be reviewed every eight years.
The Local Democracy and Boundary Commission for Wales would be rebranded as the Democracy and Boundary Commission Cymru, and would carry out these boundary reviews.
A separate Bill to introduce gender quotes for Senedd candidates will be brought forward later this year.
“Once-in-a-generation opportunity”
Labour MS Mick Antoniw, who is the Welsh Government’s Counsel General, hailed the changes as a “once-in-a-generation opportunity to create a modern Senedd, which truly reflects Wales, and to strengthen our democracy”.
Mr Antoniw continued: “We are creating a more effective Senedd, with a greater ability and capacity to hold the Welsh Government to account.
“This Bill will help ensure the Senedd also reflects the huge changes to Wales’ devolution settlement since 1999, including law-making and tax-raising powers.”
He added: “Wales is the most under-represented country in the UK – the Senedd has the least members of any devolved Parliament in the country and the recent reduction to UK Parliamentary seats is the most significant change in a century.”
The Scottish Parliament has 129 members , while Northern Ireland – which has a smaller population than Wales – has 90 members in its assembly.
Plaid Cymru leader Rhun ap Iorwerth described the changes as a “historic step to strengthen and empower our democracy”.
He continued: “A stronger, more representative Senedd, elected through a proportional system, will be better equipped to continue to make a difference to the people of Wales.
“It will ensure fairness, provide better scrutiny and help all of us realise our ambition for Wales and our maturing democracy.”
However, Conservative MS Darren Millar accused the Welsh Government of “wasting time, energy and taxpayers’ money” with the proposals.
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