Senedd to vote on Bill targeting accountability and election disinformation
Senedd Members will vote next week on whether a major new Bill aimed at tightening accountability rules and tackling election disinformation should move forward.
On Tuesday, 13 January, the Senedd will decide whether the Senedd Cymru (Member Accountability and Elections) Bill should progress to its next stage.
The Bill proposes a recall system for Members of the Senedd, changes to the standards regime, and powers that could allow future governments to ban false or misleading statements during Senedd elections.
But while its aims are widely supported, committees examining the legislation say the Bill, as written, still has serious flaws.
Support for the idea – concern over the execution
Three Senedd committees have now published reports as the Bill reaches the end of its first stage of scrutiny.
Both the Member Accountability Bill Committee and the Legislation, Justice and Constitution Committee said they back the principle of stronger accountability and a recall system.
However, both warned that the Bill has been rushed, poorly consulted on and will require major amendment if it is to become law.
They said agreeing to the Bill’s general principles would only be the starting point, not an endorsement of its current wording.
Who really decides?
A central concern is how much power the Bill gives to the Senedd itself, and how much it locks into law.
The Llywydd told the MAB Committee that parts of the Bill risk undermining the principle that a parliament should be able to regulate its own affairs without outside interference.
That concern focuses on Part 2 of the Bill, which deals with standards and conduct.
Committees said the section is too prescriptive and recommended stripping back most of section 18, leaving only a requirement for a Standards of Conduct Committee and the option to appoint lay members.
A criminal offence with no details
The sharpest criticism is aimed at plans to create a new criminal offence around false or misleading election statements.
Rather than defining the offence in the Bill, section 22 would allow Welsh Ministers to create it later through secondary legislation.
The Bill does not say who the offence would apply to, what behaviour would be illegal, or what the penalties might be.
The Electoral Commission said that is not international best practice. Legal experts agreed, warning that secondary legislation gets far less scrutiny and cannot be amended.
Committees said the Senedd would be left with a simple yes-or-no vote on an offence it had no real chance to shape.
The Welsh Government said there was not enough time to consult properly on the offence. Committees described that as disappointing and said the core details should be written into the Bill itself.
Recall still years away
Even if the Bill passes, recall for Senedd Members will not arrive quickly.
Guidance would still need to be written, consulted on and approved. Regulations would need to be drafted. Electoral law must then sit unchanged for six months before it can be used.
Committees concluded that recall would not be operational until well into the next Senedd term.
What happens next?
Senedd Members will debate and vote on the Bill’s general principles on Tuesday.
The Member Accountability Bill Committee did not tell Members how to vote – but made one thing clear.
If the Bill goes forward, every part of it will need rewriting before it is fit to become law.
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