Senedd takes evidence on sacking misbehaving politicians

Chris Haines – ICNN Senedd reporter

Senedd members took evidence on following Scotland’s lead by developing a recall system to allow voters to remove badly behaving politicians from office between elections.

Graham Simpson, a Member of the Scottish Parliament (MSP), gave evidence on his proposed recall bill to the Senedd’s standards committee on October 14.

Mr Simpson said his bill, which will be introduced by the end of this year, would automatically disqualify MSPs if they receive a prison sentence of six months or more.

As in Cardiff Bay and Westminster, the current threshold is 12 months while for councillors, a prison sentence of three months or more triggers disqualification.

Mr Simpson explained that the bill would extend a rule for councillors to MSPs, so they too can be removed if they do not attend meetings for six months.

‘Problem’

Wales would be the only part of Britain without a similar mechanism if the Scottish bill was agreed, with the UK Parliament introducing a recall system nearly a decade ago.

Hannah Blythyn – the newly elected chair of the committee, which is looking at options for following suit – asked about the triggers for a recall petition under the Scottish proposal.

Mr Simpson said the triggers would be the same as Westminster’s: a custodial sentence for 12 months or less, a suspension of at least ten days or an expenses offence conviction.

With Senedd elections moving to a fully proportional system, and Wales abandoning first past the post, Labour’s Mick Antoniw questioned how the recall system would operate.

Wales will adopt a “closed-list” electoral system in 2026 and by-elections will not be held to replace outgoing politicians, with the next candidate on a party’s list returned instead.

Job

Mr Simpson said this posed a problem under Scotland’s additional member system, which like Wales currently, uses a mixture of first past the post and proportional representation.

Under his proposal, 10% of voters would need to sign a recall petition across a region with at least 10% in three constituencies to “prevent personal campaigns in one part of the region”.

Mr Simpson, one of seven regional-list MSPs for Central Scotland, explained that a yes-no vote would then be held instead of a by-election, with a simple majority required.

The Conservative said: “The question would be ‘should this person keep their job?’. That wouldn’t be the question on the ballot paper, obviously, but that’s basically it.”

He told the committee that the next person on the party’s list would replace the MSP.

Mr Simson added: “What I’ve been keen to do is give the member, who is subject to the recall petition, the opportunity to put their case to the electorate”.

Power

The Conservatives’ Sam Kurtz questioned whether electing the next candidate on the party list is fair, suggesting it may be better for the electorate to have a “full and open say”.

Mr Simpson pointed out that if he resigned now, he would be replaced by the next on the list.

“That’s just the way of it,” he said. “I don’t like that system but that’s what we’re stuck with.

“And you’re going in Wales entirely to that system that puts the power in the hands of the parties and not the electorate.”

Plaid Cymru’s Peredur Owen Griffiths asked whether sanctions should be subject to a two-thirds majority vote of the Senedd rather than a recall petition.

“No, I don’t think that would be fair,” said the MSP. “Not least because we have a recall system for MPs, I think there should be an equivalent system for members of the Senedd….

“There is always a danger of these things becoming political.”

‘Dangerous territory’

In May, Michael Matheson, Scotland’s former health secretary, was suspended from the Holyrood parliament for 27 days over an £11,000 bill for iPad roaming charges.

Mr Simpson said: “Had there been a recall system in place then that member could have been subject to it … it would kick in if a member is suspended for ten days or more.”

Asked whether there should be a recall petition if a politician changes parties or becomes independent, the MSP told the committee: “I think you’re getting into dangerous territory.”

He explained that if Sam Kurtz decided to join Plaid Cymru then lost a recall vote, under the Scottish proposal, the next person on the Conservative list would replace him.

He said the seat would remain vacant in the case of an MSP elected as an independent.

The standards committee also heard from Daniel Greenberg, Westminster’s standards commissioner, but the public and press were barred from the meeting.