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Welsh Elections (Coronavirus) Bill: Bill Summary

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Welsh Elections (Coronavirus) Bill: Bill Summary CynulliadWelsh Parliament Cenedlaethol Cymru YSenedd Pwyllgor Research Newid Hinsawdd, Amgylchedd a Materion Gwledig WelshTitle part Elections 1: (Coronavirus)Title part 2 or single Bill: titles BillMonth Year Summary January 2021 research.senedd.wales/www.cynulliad.cymru TheCynulliad Welsh Cenedlaethol Parliament is Cymruthe democratically yw’r corff sy’n electedcael ei ethol body yn that ddemocrataidd represents the i gynrychioliinterests of Walesbuddiannau and its Cymru people. a’i Commonly phobl, i ddeddfu known aras thegyfer Senedd, Cymru, iti gytunomakes arlaws drethi for Wales, yng Nghymru, agrees Welshac i ddwyn taxes Llywodraeth and holds the Cymru Welsh i gyfrif. Government to account. An electronic copy of this document can be found on the Senedd’s website: Gallwch weld copi electronig o’r ddogfen hon ar wefan y Cynulliad Cenedlaethol: research.senedd.wales www.cynulliad.cymru/SeneddNHAMG Copies of this document can also be obtained in accessible formats including Gellir cael rhagor o gopïau o’r ddogfen hon mewn ffurfiau hygyrch, yn cynnwys Braille, large print, audio or hard copy from: Braille, print bras, fersiwn sain a chopïau caled gan: Welsh Parliament Y Pwyllgor Newid Hinsawdd, Amgylchedd a Materion Gwledig Tŷ Hywel Cynulliad Cenedlaethol Cymru Cardiff Bay Bae Caerdydd CF99 1SN CF99 1NA Tel: 0300 200 7270 Ffôn: 0300 200 6565 Email: [email protected] E-bost: [email protected] Twitter: @SeneddResearch Twitter: @SeneddNHAMG Senedd Research: research.senedd.wales © Hawlfraint Comisiwn Cynulliad Cenedlaethol Cymru 2018 © Senedd Commission Copyright 2021 Ceir atgynhyrchu testun y ddogfen hon am ddim mewn unrhyw fformat neu The text of this document may be reproduced free of charge in any format or gyfrwng cyn belled ag y caiff ei atgynhyrchu’n gywir ac na chaiff ei ddefnyddio medium providing that it is reproduced accurately and not used in a misleading mewn cyd-destun camarweiniol na difrïol. Rhaid cydnabod mai Comisiwn or derogatory context. The material must be acknowledged as copyright of the Cynulliad Cenedlaethol Cymru sy’n berchen ar hawlfraint y deunydd a rhaid nodi Senedd Commission and the title of the document specified. teitl y ddogfen. CynulliadWelsh Parliament Cenedlaethol Cymru YSenedd Pwyllgor Research Newid Hinsawdd, Amgylchedd a Materion Gwledig WelshTitle part Elections 1: (Coronavirus)Title part 2 or single Bill: titles BillMonth Year Summary January 2021 Authors: Gruffydd Owen and Lucy Morgan research.senedd.wales/www.cynulliad.cymru Welsh Elections (Coronavirus) Bill: Bill Summary Contents 1. Background ......................................................................................... 1 Elections Planning Group ............................................................................................. 1 Who was on the Elections Planning Group? ................................................................2 What did the Elections Planning Group find?.............................................................2 Power to vary the date of a Senedd general election ................................... 2 Responsibility for running Senedd elections .................................................... 3 Coronavirus: Background ............................................................................................. 4 Running elections during Coronavirus ................................................................. 5 Police and Crime Commissioner elections .........................................................6 Bill announcement .......................................................................................................... 7 2. Overview of Bill provisions ............................................................ 8 Overview ...............................................................................................................................8 Legislative Competence ............................................................................................... 11 3. Key Provisions in the Bill ...............................................................12 Section 3 - Dissolution of the current Senedd ...............................................12 Usual dissolution arrangements ..........................................................................................12 Effect of Dissolution .......................................................................................................................13 Section 5 - Power to postpone 2021 election for up to 6 months ........14 Welsh Government position ....................................................................................................16 Welsh Elections (Coronavirus) Bill: Bill Summary Section 6 - Further power to vary date of 2021 election ........................... 16 Section 7 – Power to postpone Senedd By-Elections ...................................17 Section 8 – Power to postpone local authority by-elections ................... 18 Section 10 - Modification of the 2007 Order .................................................. 18 Timing of when a person becomes a ‘Candidate’ for 2021 Election .......19 Flexibility for Proxy Voting .........................................................................................................19 Delivery of nomination papers ..............................................................................................21 Section 12 – Power to make consequential and transitional provisions ...................................................................................................21 4. Regulatory Impact Assessment ................................................23 Regulatory Impact Assessment ..............................................................................23 Option 1 – Business as usual ...................................................................................................23 Option 2 – Introduce legislative changes .....................................................................24 Costs and benefits .........................................................................................................24 Option 1 – Business as usual ...................................................................................................24 Option 2 – Introduce legislative changes .....................................................................25 Costs associated with a shorter dissolution period .............................................27 5. Scottish General Election (Coronavirus) Bill 2021 ................28 General overview ............................................................................................................28 Comparison with the Welsh Elections (Coronavirus) Bill ..........................28 Comparable provisions in the Scottish Bill and Welsh Bill ............................28 Additional provisions in the Scottish Bill which are not in the Welsh Bill ............................................................................................................................................................... 30 Welsh Elections (Coronavirus) Bill: Bill Summary 1. Background The next Senedd general election (the “2021 Election”) is scheduled for Thursday 6 May 2021. On 15 June 2020, the First Minister outlined that arrangements for the 2021 Election may need to be adjusted in connection with the Coronavirus pandemic. The First Minister has stated that he is ‘very committed’ to having an election in May 2021. In Plenary, he expressed it was “not right that this Senedd should be extended beyond its current term” and felt strongly that “the Senedd needs a democratic refresh”. However, in the same statement, the First Minister noted that the Welsh Government wants: […] an election in which every Welsh citizen feels that they can go to the polling station and is not put off from doing so because the state of public health at the time might be very off-putting to them. It’s just foolish not to be willing to contemplate that and to think about how we would cope with it were we to be faced by it. The First Minister has expressed that it would be irresponsible of the Welsh Government “not to make plans in case the pandemic is so serious in May [2021] where it wouldn’t be safe to hold an election”. Elections Planning Group The Welsh Government established an Elections Planning Group in June 2020 to consider the potential impact of Coronavirus on the administration of the 2021 Election, and whether adjustments were needed to the relevant legislation to ensure a safe election. The Group met five times and its report was published on 6 November 2020. The report was debated in Plenary on 17 November. Members across the political spectrum agreed that, as far as possible, the 2021 Election should go ahead as planned in May. There was general agreement that contingency arrangements should be put in place to make the election as safe as possible. However, the Group did not agree on all matters. Most notably, there was no overall consensus on the need for contingency arrangements to postpone the election. 1 Welsh Elections (Coronavirus) Bill: Bill Summary Who was on the Elections Planning Group? The Group consisted of political parties, Welsh and UK government officials, and stakeholders involved in running the election, such as the Electoral Commission and Returning Officers. What did the Elections Planning Group find? The Group agreed a set of principles and conclusions to support more detailed planning and preparations for the 2021 Election, including: The continuing
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