A National Assembly committee has just suggested changes to rules surrounding the disqualification of Assembly Members, which could enable more people to stand for election.
The Constitutional and Legislative Affairs Committee looked into the issue after two Members were disqualified in 2011 when it emerged that they were members of public bodies that serving AMs cannot belong to.
One did not regain their seat after it was found that he had not checked the relevant rules for candidates. The other was reinstated after it was established that he had received out-of-date advice.
During its inquiry the Committee found that there are complications between part of the Government of Wales Act 2006, which deals with disqualification, and the National Assembly for Wales (Representation of the People) Order 2007, which deals with aspects of electoral law.
Currently, the disqualification from becoming an Assembly Member becomes relevant when candidate is nominated for election. At this point, according to the 2007 Order, a candidate should not be part of, or a member of, any organisations on a long list set out in the 2006 Act.
But in this regard the Order effectively overrides the Government of Wales Act, which states that disqualification takes effect when they are elected.
So, under the Act, a candidate need not resign from their positions until they are elected. Under the Order they must resign not knowing whether they will be elected, leaving some candidates facing the prospect of unemployment should they lose.
The Committee recommends that disqualification from membership of the Assembly should take effect on taking the oath or affirmation of allegiance as an Assembly Member, subject to a few exceptions because of the nature of the jobs being undertaken.
This, it believes, would be a significant change that would enable more people to stand for election because they will not have to give up their employment to do so.
“The Committee recommends that disqualification from membership of the Assembly should take effect on taking the oath or affirmation of allegiance as an Assembly Member,” said David Melding AM, Chair of the Constitutional and Legislative Affairs Committee.
“We believe this is necessary to add clarity to the rules for potential candidates and is needed to avoid a repeat of the problems in 2011.
“We also believe that such a move could enable more people to stand for election as they could do so without potentially facing unemployment should they not be successful.”
The Committee makes 21 recommendations in its report including:
That the UK Government brings forward appropriate legislation to amend the Government of Wales Act 2006 to provide that disqualification from a particular public office should take effect on taking the oath or affirmation of allegiance as an Assembly Member;
That the UK Government brings forward appropriate legislation to remove the relevant provisions in The National Assembly for Wales (Representation of the People) Order 2007 requiring candidates, when accepting nomination, to declare that to the best of their knowledge and belief, they do not hold a disqualifying office; and
that the Welsh and UK Governments ask the Law Commission to investigate and report on the various legislative options for delivering recommendation 2, and to make a recommendation on what it would consider to be the most appropriate, potentially as part of a wider review of this issue across all UK legislatures.
More information about the Constitutional and Legislative Affairs Committee can be found here.