Could Reform oust the Llywydd?

Mark Mansfield

Reform UK has raised the prospect of trying to remove the Senedd’s Llywydd after he ruled that one of its MSs would not be called to speak in the chamber until he apologised for remarks he found discriminatory and offensive.

The party’s chief whip, Llŷr Powell, said a vote to remove Huw Irranca-Davies was “not off the table”.

Joe Martin, the Reform MS at the centre of the dispute, has claimed that Plaid Cymru asked for him to be barred from speaking.

The Senedd’s official record shows that Trefnydd Heledd Fychan asked the Deputy Presiding Officer to rule on whether Martin’s remarks complied with Standing Orders. Irranca-Davies made his ruling later, after consulting his deputy and reviewing the transcript.

Reform has enough MSs to force a debate on removing the Llywydd. Under Standing Order 6.26, a motion signed by at least 10 Members must be debated within five working days.

It would take more votes in favour than against to remove him, so Reform would lose if the other groups turned out and voted against it. If the motion passed, Irranca-Davies would lose the chair immediately and remain an MS.

Powell described Martin’s intervention as a legitimate question about demographic change. In the chamber, Martin asked for a statement on what he called the “demographic replacement of white British people”, which he said was already taking place.

In his ruling, the Llywydd said Members remained free to raise legitimate questions about immigration policy.

He found that Martin’s remarks were discriminatory and offensive because they focused on race and ethnicity.

Apology

Under the Senedd’s Standing Orders, the Presiding Officer must call a Member to order for using discriminatory or offensive language.

The Llywydd said Martin would only be called to speak again once he had apologised to the Senedd and shown that he understood the limits of acceptable parliamentary conduct.

Martin says he will refuse. The ruling sets no end date. He can still attend plenary and vote.

In December 2017, then Llywydd Elin Jones ruled that UKIP’s Gareth Bennett would not be called to speak in the chamber in 2018 until he apologised and withdrew remarks about transgender people. Bennett initially refused.

The following January, Jones accepted his apology after he acknowledged her authority as chair and said he stood by his position on the proposed changes to gender recognition law.

Boycott

Reform stayed away from most of Wednesday’s plenary proceedings. Its own debate on support for the armed forces and veterans was withdrawn, and the Senedd went on to vote on other business.

Members are expected to give priority to plenary, but the Standing Orders set out no automatic penalty for staying away.

A longer boycott would mean giving up opportunities to question ministers and speak in debates. If Reform also skipped votes, business could still go ahead with as few as 10 Members taking part.

Sanctions

Stronger sanctions could follow if individual MSs disrupted proceedings. If a Member refuses an order to leave, the chair must put an exclusion motion to an immediate vote. A first exclusion lasts until the end of the next working day, rising to five and then 20 working days for repeat exclusions within 12 months.

Members lose their salary during exclusion. The Llywydd can also refer conduct for a standards investigation, which could lead to censure, loss of specified privileges or exclusion for a period agreed by the Senedd.

On Wednesday 18 November, the Senedd is due to debate Reform’s motion calling for freedom of speech to be upheld. MSs from five parties have tabled an amendment spelling out the responsibilities that accompany it.

Reform’s motion could pass and Martin would still be subject to the ruling. If the party wants a vote on whether Irranca-Davies keeps his job, it will have to table a separate motion.