Chapter 4: Accessibility and Diversity: Welsh Elections
Section 24 – Reports by the Electoral Commission
75.Section 24 inserts section 5A into PPERA. The Electoral Commission has a duty under section 5 of PPERA to prepare a report on the administration of each Senedd election. Section 5A(1) of PPERA as inserted by section 24 creates a duty for the Electoral Commission to prepare and publish a report on the administration of ordinary elections of councillors for counties, county boroughs and communities in Wales.
76.Subsections (2) and (3) of section 5A place a duty on the Electoral Commission to include in its reports following Senedd and local government elections a description of the steps returning officers have taken to assist persons with disabilities to vote at those elections where the disabilities could affect their right to vote.
77.Subsection (4) of the section 5A defines “
78.Subsection (4) of section 5A also defines “returning officer” for the purpose of the duty in subsection (3) to report on steps taken by returning officers. In the case of reports on Senedd elections it is defined by reference to orders made under section 13 of the Government of Wales Act 2006 (hereafter referred to as “GOWA 2006”), which govern the conduct of Senedd elections. In the case of reports on local government elections returning officers are defined as a person appointed under section 35(1A) of the 1983 Act.
79.Under the arrangements for electing members to Senedd Cymru established by the Senedd Cymru (Members and Elections) Act 2024 there are no by-elections when there are vacancies in the membership of Senedd Cymru. Section 25(3) makes transitional provision so that prior to the coming into force of the provisions of the Senedd Cymru (Members and Elections) Act 2024 making that change, a report under section 5A(3) will also be required for a Senedd constituency by-election.
Section 25 – Survey of councillors and unsuccessful candidates in local elections
80.Section 25 amends section 1 of the Local Government (Wales) Measure 2011, which requires local authorities to conduct a survey of councillors and unsuccessful candidates for council elections in their area. Section 25 removes the requirement for the form of the survey and the questions to be set out in regulations and instead, it enables the Welsh Ministers to set these out in a direction to local authorities. Subsection (4) inserts subsection 3A into the 2011 Measure, which requires the Welsh Ministers to publish any direction given under section 1 or section 2 of the 2011 Measure.
81.A direction given to local authorities under amended section 1 could, among other things include questions aimed at identifying the impact of any local initiatives established to improve the diversity of candidate standing in the election for which the survey is being undertaken.
Section 26 – Welsh elections information platform
82.The provisions in section 26 are about making information about Welsh elections available to support voters to take part in Welsh elections. Subsection (1) requires the Welsh Ministers by regulations to set up and maintain a Welsh elections information platform that provides up-to-date information about Senedd Cymru elections and elections of county and county borough councils in Wales. It also enables (but does not require) the Welsh Ministers to make regulations about information that should be available on the platform in relation to community council and mayoral elections in Wales.
83.The regulations made by the Welsh Ministers under this section must also require the Welsh Ministers to publish and lay before the Senedd a report about how they have set up and maintained the platform. A report must be published no more than 12 months after an ordinary Senedd election and principal council election.
Section 27 – Services to promote diversity in persons seeking elected office
84.Subsection (1) places a duty on Welsh Ministers to put in place arrangements for the provision of services to promote diversity in the protected characteristics and socio-economic circumstances of persons seeking to stand for election as members of Senedd Cymru and the councils of counties, county boroughs and communities in Wales.
85.“Protected characteristics” are defined for this purpose in subsection (11) as the protected characteristics in section 4 of the Equality Act 2010, which are—
age;
disability;
gender reassignment;
marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex; and
sexual orientation.
86.Subsection (2) sets out the matters the Welsh Ministers must have regard to when discharging this duty. The Welsh Ministers must consider whether there are groups of persons with the same protected characteristics that are under-represented in the membership of Senedd Cymru or the councils of counties, county boroughs and communities. Under-representation is to be considered by reference to the population served by the body being considered (subsection (3)).
87.The Welsh Ministers must also have regard to—
the desirability of reducing inequalities of outcome that result from socio-economic disadvantage, and
the desirability of services being available to persons regardless of their membership or non-membership of a registered political party.
88.Subsection (4) provides that the Welsh Ministers are not required to provide services in respect of every under-represented group identified by virtue of subsection (2).
89.Subsection (5) sets out an exhaustive list of the services which may be provided under the arrangements required by this section. The services are information, advice, training, coaching and mentoring, work experience, equipment and assistance with tasks. Subsection (8) provides a power for the Welsh Ministers to make regulations to add to the list of services and amend or remove any services that are added by the regulations.
90.Subsection (6) requires the Welsh Ministers to ensure that in any arrangement put in place under this duty the Welsh Ministers are prohibited from making decisions in particular cases as to whether an individual is to receive a service under the arrangements.
Section 28 – Financial assistance schemes to promote diversity in persons seeking elected office
91.Subsection (1) enables the Welsh Ministers to provide by regulations for schemes of financial assistance to help candidates standing for election for membership of Senedd Cymru or the council of a county, county borough or community in Wales who have specified circumstances or specified characteristics overcome any barriers to their participation in the election connected to those characteristics or circumstances. “
92.Subsection (2) requires the Welsh Ministers make regulations to put in place a scheme of financial assistance to help disabled candidates in such elections overcome any barrier to their participation in the election connected to their disability.
93.Subsection (7) requires that the financial assistance schemes provided for by regulations under this section must not be directly operated by excluded persons. The excluded persons are set out in section 29, and the list of excluded persons includes the Welsh Ministers (as members of the Welsh Government), Ministers of the Crown, local authorities and others.
Section 29 – Excluded persons
94.This section lists the persons who must not operate a scheme of financial assistance provided for by regulations under section 28.
Section 30 – Guidance for political parties to promote diversity in persons seeking elected office
95.Subsection (1)(a) places a duty on the Welsh Ministers to issue guidance to encourage registered political parties to collect, collate and publish specified diversity information about their candidates for Senedd elections. The terms ‘diversity information’ and ‘specified’ are defined in subsection (3) of this section.
96.Subsection (1)(b) requires the Welsh Ministers to issue guidance to encourage registered political parties to develop, publish, implement and review strategies to promote the diversity of their candidates and to help candidates overcome barriers associated with specified characteristics or circumstances. Whereas the guidance in subsection (1)(a) is about candidates for Senedd elections, the guidance published under subsection (1)(b) is about candidates for all Welsh elections (which is defined in subsection (3)).
97.Subsection (2) provides that the Welsh Ministers must publish guidance under this section; and before 1 May 2025. Thereafter, the Welsh Ministers must review the published guidance from time to time, having regard to the cycle of elections relevant to subsections (1)(a) and (b).
98.Subsection (3) defines certain terms used in this section.
