Gender balanced Senedd agreed in principle – but not until 2030, and only if the Supreme Court agrees
Martin Shipton
The general principles of a Bill aimed at creating a gender-balanced Welsh Parliament have been agreed by the Senedd.
But because of the possibility of legal challenges to it, the changes it proposes are not planned to be implemented before 2030.
The Electoral Candidate Lists Bill would oblige political parties to field an equal number of male and female candidates.
However, gender critical groups have objected to the principle that anyone standing for the Senedd could identify as a woman, saying that would be unlawful because equality legislation is not devolved in the UK. Legal advice given to Presiding Officer Elin Jones suggests the Senedd does not have the power to introduce such a Bill and that a Supreme Court challenge is likely.
Proportionate
Cathy Larkman of Women’s Rights Network said before the Senedd debate: “We consider the Bill to be in breach of the Equality Act 2010 because it does not demonstrate how it is a proportionate means of achieving a legitimate aim. This would leave the Welsh Government open to the challenge of unlawful discrimination.
“It is unclear if the definition of ‘woman’ as used in the Bill has the same definition as the Equality Act 2010 (ie. a female of any age). If it does not, then it will not comply with UK wide equality legislation (a reserved matter) and is beyond the legislative competence of the Welsh Government.”
“The lack of definitions within the Bill has been referred to several times in the evidence given at Stage 1, including in questions to the Minister proposing the Bill. There has been a consistent failure to clarify terms which critically damages the stated intentions of the Bill and renders the question of legislative competence inevitable.
“We also note that an earlier, leaked draft of this Bill made it very clear that the definition of ‘woman’ was being extended beyond that of the Equality Act. We wish to remind Senedd members that self identification is not the law in the UK and that ambiguity in definitions within the Bill as published does not overcome the inevitably of this being exploited by those making a ‘gender statement’ that does not concur with their sex.
“We note that the Equality and Human Rights Commission, an organisation whose expertise should have been considered essential for input and advice regarding the drafting and proposing of this Bill, do not appear to have been utilised effectively, and have also voiced their own concerns.
“It is clear from the consultation responses, including from those legally qualified in such matters, that we are not alone in our views regarding the lack of legislative competence for this Bill, and our concern regarding lack of definitions. Notably, the Reform Bill Committee share these concerns too, hence their recommendation for a Supreme Court review prior to this Bill being made law. It is our view that it would be better (and less financially prohibitive) for this deeply flawed Bill to be shelved.
Representative
A Welsh Government spokesperson responded: “This Bill’s purpose is to make the Senedd more effective by aiming to ensure it is more representative of the gender make-up of people in Wales. It is not about defining a woman and it is not uncommon for legislation to use but not define the term ‘woman’.
“We have listened carefully to what stakeholders have said during the Stage 1 scrutiny process and take seriously the conclusions and recommendations of all three committees that have scrutinised the Bill.”
The spokesperson made a number of further points:
* The Reform Bill Committee has recommended, by majority, that Members of the Senedd agree the general principles of the Bill.
* The Bill delivers on recommendations made by the Special Purpose Committee on Senedd Reform, which were subsequently endorsed by a majority of Senedd Members in June 2022.
* It is a key part of the broader package of reforms to make the Senedd fit for the 21st century.
* The requirements of this Bill would not lead to parties or candidates being required to act unlawfully under the Equality Act 2010 or any other enactment.
* Through the measures included in the Elections and Elected Bodies (Wales) Bill, as well as wider work with key partners, the Welsh Government intends to continue to address “the underlying systemic and cultural barriers facing women in politics”.
Prudent
Welsh Government Trefnydd (Business Manager) and Chief Whip Jane Hutt said: The committees reported their concerns about the impact of potential legal challenges on the conduct and outcome of the scheduled 2026 Senedd election, and delivery of the wider reforms planned for that election.
“I take these concerns seriously, and I’ve reflected further on what would be the most prudent and responsible pathway for implementing this legislation.
“Protecting the outcome and integrity of the 2026 Senedd election, including implementation of the Senedd Cymru (Members and Elections) Act, is of utmost importance, and I’ve concluded that the more responsible approach is for this Bill to be implemented for the scheduled 2030 Senedd election. This will ensure that the legislation can be implemented in an orderly way, and gives time for any potential legal challenges to be resolved well in advance of that election.”
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Most of these geniuses believe that any man can become a woman just by declaring himself so anyway, and vice versa, so I don’t really see the point. Also, has anyone noticed that the ‘gender parity’ drive is highly selective in the roles it targets? I’ve yet to hear any of them complain that there aren’t enough female ground workers or roofers.
I’m all for providing equality in the opportunity people get to get into politics and the Senedd, it is an absolute must, everyone should have the same opportunity. But equality of outcome is absolute madness.
We need the best and brightest running the country, not a person based on a quota. It’s getting pretty obvious the way in which Wales is moving…and it’s not a good direction to go down.
Agreed, please can we work towards have a meritocracy. Nurture talented people whatever their gender, ethnicity or age to become involved with the Senedd. I’m a huge supporter of diversity. The more diverse an organisation is, the more innovative it typically becomes.
I’d say we’ve just been treated to a salutary lesson on the dangers of equity-based selection: as did Scotland & Ireland before us.
What I find most depressing is that both Labour and Plaid support equality of outcome, whereas the Tories do not (as far as I know – happy to be corrected). Damned if you do, damned if you don’t situation. It troubles me greatly that such wrong-think can take hold in such a way, that it causes me to question the reason and wisdom of these parties in other matters. Equality of outcome is so blatanty odious an idea that I am lost to explain how anyone can think it a desirable goal, let alone include it in a party manifesto… Read more »
Isn’t the reason it is being pushed not obvious?
Middle class progressives have found a route to success that doesn’t really involve skill and
The only group targeted for punishment under equality of outcome are straight, white men who are a minority of the population. So in any democratic arrangement they can be outvoted by the rest.
More distraction politics. After all it’s so much safer to discuss the “right” to pick your own gender than to drill down into why the Welsh economy is so stagnant, why the public sector gobbles up so much resource yet remains woefully incapable of producing results. As an old fashioned socialist I remain a believer in creating efficient and effective public services not the versions that we endure today that soak up cash for very little return other than serving as a job creation mechanism for a select group.
A very well said point. I agree with you fully. Education, which I work in, is a case in point. Tens of millions of pounds poured annually into ‘consortia’ (basically a group of highly paid ‘advisors’), while the frontline of education has been starved of funds. In my school we have lost about ten teachers as well as support staff this year alone, and don’t have the funds to replace them. This is in no way beneficial to the young learners, who are now taught by stressed out teachers, teaching outside their subject specifications, supply teachers, as the regular teachers… Read more »
Nid da lle gellir gwell – the essence of efficiency, effectiveness and productivity. But not a part of the Senedd vocabulary.
Why why why why, has this been debated and agreed and deferred for 6 years the senedd will be a very different place by then, so what is the point of all the money spent on talking and talking and agreeing when the money already spent in meeting after meeting could have been more usefully elsewhere in the budget as this is outside the remit of the senedd.
I think we should petition to have other spectra represented equally. Do our MSs have the appropriate height distribution that reflects that of the Welsh populace at large? Or maybe too few left-handed? What about blonde, brunette, etc.? How about some children and elderly to represent their own interests?
If you think these ideas are absurd, then I agree with you. I’d only ask that we add one more idiotic distinction to the list of things not to be taken seriously.