Voters will be able to remove Senedd Members who get sent to prison or are found to have committed serious misconduct in office after a new bill was passed in the Senedd.
The Senedd passed the Senedd Cymru (Member Accountability and Elections) Bill which the Welsh Government said would be a “significant step to further strengthen democratic accountability” in Wales.
For the first time, the people of Wales will be able to remove their Member of the Senedd between elections.
The legislation includes a recall system with two clear triggers: automatic recall for any member who receives a prison sentence of any length (including a suspended sentence); and discretionary recall where the Standards of Conduct Committee recommends removal for serious misconduct, subject to a majority vote of the whole Senedd.
Under the bill, recall would be subject to a Senedd vote or automatically triggered in the case of a politician receiving a custodial or suspended sentence of 12 months or less.
Sentences of more than 12 months already lead to disqualification.
Under the bill, existing Senedd standards system will also be strengthened.
There will be a legal requirement for every Senedd to establish a Standards of Conduct Committee, which could include independent lay members to bring external, independent expertise to the Senedd’s standards process.
The Commissioner for Standards will gain additional powers to investigate concerns about Members’ conduct.
The legislation also tackles deliberate deception in elections, placing a legal duty on the next Welsh Government to prohibit false statements in the regulations governing Senedd elections.
Early versions of the planned bill promised an “independent judicial process” for the disqualification of members and candidates found guilty of deception, but the bill does not create an independent judicial process for sitting members, with deception to instead be handled internally initially.
Under the bill, the Senedd’s standards committee could recommend a “recall poll” after an investigation – giving the public a vote on whether to remove a member between elections.
A vacant seat would automatically be filled by the next candidate on the political party’s list.
However, the process would remain political – with a recall poll triggered by a simple majority vote in the Senedd – giving rise to concerns about members marking their own homework.
Counsel General and Minister for Delivery Julie James said: “For the first time, people in Wales will have the power to remove a Member of the Senedd who has seriously broken the rules.
“I believe that is exactly as it should be in a healthy, accountable democracy.
“This Bill has been built on a solid foundation of cross-party work and the thorough, evidence-based recommendations of the Standards of Conduct Committee.
“I am grateful to Members across the chamber for their constructive engagement throughout this process.
“We have delivered on our commitment to put primary legislation in place before this Senedd ends.
“The Seventh Senedd will now take forward the remaining implementation work, and I am confident that Welsh democracy will be stronger for it.”





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