Absent voting bill ‘sets worrying constitutional precedent’

Chris Haines – ICNN Senedd reporter

A Westminster bill on postal and proxy voting sets an incredibly worrying constitutional precedent for Wales, Plaid Cymru’s former leader warned.

Adam Price, the party’s shadow justice minister, expressed concerns about the UK absent voting bill which seeks to align rules for Senedd, council and Westminster elections.

Under the bill, an online system to apply for postal or proxy votes for UK elections would be extended to devolved elections for which a separate paper form is currently required.

But Mr Price warned of the constitutional implications as the Senedd considered whether to signify its consent for the bill during a debate on September 16.

The bill, introduced by Labour’s Tracy Gilbert, includes so-called concurrent powers shared by UK and Welsh ministers but Mr Price warned the powers are concurrent in name only.

‘Unequal partnership’

He said: “This bill sets an incredibly worrying constitutional precedent in an area that is pretty essential to the health of our democracy – Welsh elections, including to this institution.”

Mr Price suggested the bill would hand UK ministers regulation-making powers in a generally devolved area without requiring the agreement of counterparts in Cardiff Bay.

“So much for collaboration,” he said. “A completely unequal partnership: ‘Yes, we’ve both got the same powers – oh, by the way, I can use mine without your permission but you can’t use yours without Westminster’s say-so.’”

Pointing to polls showing a surge in support for Reform, he warned UK ministers would be handed powers to make changes without any direct accountability to the people of Wales.

He said: “What you’re doing by saying ‘yes’ to this motion is you’re… if the opinion polls don’t change, putting these powers independently to change the provisions regarding access digitally for proxy and postal votes in the hands of Nigel Farage’s future government.”

‘Nefarious’

Mr Price accused the Welsh Government of ceding a fundamental principle: “It would be much more difficult, then, to argue against a future government that might have all kinds of nefarious purposes in changing wholesale the rules… governing Welsh elections.”

Mike Hedges, who chairs the Senedd’s legislation committee, expressed similar concerns about a lack of a requirement for Welsh ministers to provide their consent.

He questioned the use of concurrent powers which should only be created in exceptional circumstances according to Welsh ministers’ principles on UK legislation in devolved areas.

Jayne Bryant, Wales’ local government secretary, told the Senedd the bill was developed collaboratively between the Welsh, Scottish and UK Governments.

Stressing that responsibility for the UK digital service remains with Westminster, she said Welsh and UK ministers would have to act with “due regard” to the devolution settlement.

‘Tight timetable’

Ms Bryant said: “This is necessary to align postal vote application systems and allow voters to submit a single application to cover all the elections that they may wish to vote in. Avoiding any confusion in the application process is essential.”

She warned of a tight timetable to get the system operational before the Senedd and Scottish Parliament elections, suggesting implementation could come after May 2026.

Senedd members voted 38-11, with one abstaining, in favour of the legislative consent motion or LCM. While the UK Government would “not normally” legislate in a devolved area without such consent, the Sewel convention as it is known is non-binding.

The debate over using UK legislation in devolved areas continued as the Senedd considered a LCM for the UK’s animal welfare bill, which aims to crack down on pet smuggling.

While that motion was agreed unanimously, Plaid Cymru and the legislation committee reiterated concerns about the Welsh Government’s “continued reliance” on UK bills.