Diversity and inclusion guidance for political parties: equality impact assessment

The Expert Panel on Assembly Electoral Reform, the Committee on Senedd Electoral Reform (CESR) and the Special Purpose Committee on Senedd Reform (SPC) all called for measures to make the Senedd more diverse and representative of the people it serves. 

The Committee on Senedd Electoral Reform in 2020 reported (Senedd reform: the next steps on Senedd Wales) that throughout its inquiry it had:

repeatedly heard persuasive arguments about the benefits of diversity among elected representatives

going on to recommend that:

Political parties which contest Senedd elections should prepare and publish diversity and inclusion strategies which assess the diversity and inclusivity of their culture, processes, ways of working and representation, and set out the actions they intend to take to increase the diversity of their memberships, candidates and elected Members. 

The same committee concluded that:

while the Senedd has performed relatively strongly in terms of gender-balanced representation, there has consistently been a lack of visible diversity in terms of ethnicity and disability’, and recommended that ‘political parties should voluntarily collect, anonymise, and publish data about the diversity of their candidates for Senedd elections.

The diversity and inclusion guidance is intended to support registered political parties in:

• developing, publishing, implementing and regularly reviewing diversity and inclusion strategies for Welsh elections
• taking action to collect, collate and publish anonymised diversity information for Senedd candidates
• considering steps they may take in relation to voluntary quotas for women for Senedd elections

The guidance, if implemented by political parties, will help promote equality by:

• better transparency about action being taken, or planned, by political parties: there is currently limited information publicly available about political parties’ diversity and inclusion strategies, and specifically how they intend to take action to improve diversity amongst prospective candidates for local and Senedd elections. By publishing diversity and inclusion strategies, political parties would be more transparent about what they are doing to promote diversity among their candidates for Welsh elections, and how they could help candidates overcome barriers to participation in Welsh elections.
• better information about the diversity of Senedd candidates: any appropriately anonymised information political parties publish about the diversity of Senedd candidates will complement information published about local government candidates using the existing process established through the Local Government (Wales) Measure 2011. If this information is published by political parties, it will help provide a holistic picture of representation across devolved elections in Wales rather than local government or the Senedd in isolation. This information could then be used to inform decisions on actions needed to improve representation at an all-Wales level.
• better likelihood of achieving a gender balanced Senedd from 2026: if political parties are able to implement gender quotas on a voluntary basis, there is an increased likelihood that the proportion of women who are elected to the Senedd broadly reflects that of the Welsh population. 

Potential impacts of the guidance (both positive and negative) were discussed with a range of relevant stakeholders as part of initial engagement activity to raise awareness of the public consultation on the draft guidance and further impacts were identified during the consultation exercise itself. 

Taking into account the overall objective of the guidance, which is to aim to achieve more representative and effective elected bodies in Wales, it is considered that the proposal has the potential to positively contribute towards:

• eliminating unlawful discrimination, harassment, victimisation and unlawful activity
• advancing equality of opportunity between people who share and people who do not share a relevant protected characteristic
• fostering good relations between people who share and people who do not share a relevant protected characteristic

The majority of respondents to the consultation on the draft guidance were broadly supportive of the overall aims and objectives of the guidance and considered that increasing diversity and inclusion in Welsh elections was vital to building and maintaining a healthy Welsh democracy. A minority, on the other hand, thought a focus on diversity and inclusion would lead to erosion of public trust in our elected bodies and reduced political participation. 

When publishing their candidates’ data, political parties will need to be careful that the information is not presented in such a way as to enable identification of any individual candidate. They will need to be mindful that the risk of certain individuals becoming identifiable increases as information is disaggregated or presented on an intersectional basis. There was some concern amongst respondents to the consultation around the potential for individuals to be identifiable from the diversity information published by political parties. This was often raised in the context of smaller parties lacking the necessary capacity and resources required for effective implementation of the guidance. 

Some respondents to the consultation also felt (as the Welsh Government had previously identified) that some of the proposed survey questions could be perceived to be intrusive into people’s private lives. The survey is intended as a guide to political parties and all questions have a ‘prefer not to say’ option, therefore the guidance does not recommend that any candidate should be required to provide information if they feel uncomfortable in doing so.

Other respondents to the consultation identified that there could be a potential negative impact on women’s rights should a candidate who is not a woman be granted a list place reserved for women as part of a party’s approach to voluntary quotas. Political parties will need to ensure that by taking positive action to address underrepresentation in those sharing a particular protected characteristic (such as women), that this doesn’t adversely affect the rights of those people or of people who share a different protected characteristic. In taking any positive action in reliance on provisions of the Equality Act 2010, those parties will be bound by the relevant definitions that apply to that Act. The guidance references that parties have legal obligations they should consider under the Equality Act 2010, including in respect of preventing discrimination, and signposts to EHRC guidance to support them when considering these obligations (Services, public functions and associations: Code of Practice on Equality and Human Rights Commission).

Another potential negative impact of the guidance which was identified by some respondents to the consultation is the potential for Part 3 (and its focus on women’s representation) to lead to political parties focusing less on increasing representation amongst groups who share other protected characteristics and circumstances. In contrast, others felt that Part 3 of the guidance served to highlight the need for parties to be taking urgent action to mitigate against the risk of there being a significant gender imbalance in the Seventh Senedd. 

There is a common theme of historical underrepresentation of certain groups of people across politics in Wales and the UK. For some of these people, and especially for those who may identify with more than one group, the journey into politics can involve having to overcome a range of barriers. A person’s background, education, experiences, occupation, financial circumstances, access to information and networks, for example, can be contributing factors in defining a person’s journey into politics, or whether they would consider going into politics in the first place (Implementing the socio-economic duty: a review of evidence on socio-economic disadvantage and inequalities of outcome). 

There is a growing body of research on the barriers to elected office faced by underrepresented groups. This can include financial, cultural, political, social, institutional, structural and physical barriers to participation. Many of the barriers are summarised in this section, with some referenced again in later sections where they relate more specifically to groups who share particular protected characteristics.

A report published by Cardiff University in 2018, explored barriers faced by prospective candidates for Assembly elections (Unpacking Diversity: Barriers and incentives to standing for election to the National Assembly for Wales on Senedd Wales). The report found that:

• some groups in society faced barriers in seeking selection as a candidate due to perceptions of what parties were looking for (stereotypes), the selection process, and unconscious bias
• a lack of transparency in nomination procedures was off-putting to aspiring candidates, especially those new to party politics
• age was seen as a factor in candidate selection, with young people, in particular, identifying it as a barrier
• women were considerably more likely to view certain barriers as significant, particularly caring responsibilities, personal and family safety, and a heavy workload

Historically, researchers have identified a “motherhood gap” in the UK House of Commons, with there being fewer women MPs who have children than men MPs who have children. These findings drew attention to the underrepresentation of mothers in the UK House of Commons (Rosie Campbell and Sarah Childs. 2014. Parents in Parliament: ‘Where’s Mum?’. The Political Quarterly 85 (4)). 

It was also noted in the 2018 report (Unpacking Diversity: Barriers and incentives to standing for election to the National Assembly for Wales on Senedd Wales) that candidate selection processes are seen as a major obstacle to the selection of ethnic minority individuals because 'parties tend to hold the perception that ethnic minority candidates lose votes among white voters'.

Research was also commissioned by the Welsh Government in 2021 on removing barriers to elected office for people with certain protected characteristics. The report was published in 2022 and presents a theory of change for improving representation and diversity in local and national politics in Wales.

This research found there was a financial barrier to participation for people with certain protected characteristics, from disadvantaged socio-economic backgrounds, and people with caring responsibilities, as political parties may not cover campaign costs for individuals. Women were also found to be ‘more likely to have caring responsibilities, work part-time, and take career breaks to raise children’ compared to men (Removing barriers to elected office for people with protected characteristics: theory of change). 

The report specifically identified incumbency as a barrier that resulted in fewer opportunities for candidates with protected characteristics. It was also reported that selection processes in local government can be biased towards people with certain protected characteristics.

In relation to LGBT+ candidates, the United Nations Development Programme (UNDP) found that the barriers faced by LGBT+ people could be categorised as structural, individual, organisational, and violence related. The report highlights barriers such as a lack of political role models, stereotyped media coverage, exclusion from party candidate lists and harassment or violence against LGBT+ candidates and elected representatives. It also highlighted barriers such as political parties providing fewer resources and visible opportunities for their own LGBT+ candidates, and the high cost of election (Building inclusive democracies: A guide to strengthening the participation of LGBTI+ persons in political and electoral processes on United Nations Development Programme.

A report, published in 2022, found that while disabilities are sometimes ‘hidden’, people wanting to be candidates for elected office might be reluctant to disclose them. They found that the proportion of disabled politicians lags behind 20%, which is the approximate proportion of disabled people in Great Britain (Disability and political representation: Analysing the obstacles to elected office in the UK on Sage Journals). 

The report identified specific barriers to elected office faced by disabled people, some of which were similar to those faced by women and ethnic minority candidates with a distinct set of additional barriers which they categorised as accessibility, resourcing, and ableism. 

Addressing Barriers to Women's Representation in Party Candidate Selections on Wiley Online Library refers to the ‘supply’ and ‘demand’ in the political recruitment of women. The report argues that supply increases and decreases in response to political parties’ demand for women candidates. It also highlights concerns around harassment, abuse and intimidation of women candidates and elected Members, which may deter many potential women candidates from entering politics because of growing concerns of safety and the deteriorating political discourse. Reviewing evidence presented in various studies, Dr Cowper-Cowles identifies‘bias against women at the point of candidate selection’ to be a ‘major barrier to women’s entry into politics’ (Women political leaders: the impact of gender on democracy, p.42 on King's College London Global Institute for Women’s Leadership). 

The Global Institute for Women’s leadership also suggests that ‘women are placed lower down on candidate lists than men or in positions that are more difficult to win’ in settings where closed list proportional electoral systems are used (Women political leaders: the impact of gender on democracy, p.22 on King's College London Global Institute for Women’s Leadership.

A few respondents to the consultation reflected on the experience of ethnic minority women who often face greater obstacles to selection or election than women from more privileged backgrounds, noting that these women face higher rates of caring responsibilities, poverty, unemployment, racism, sexism, and discrimination. The respondent also highlighted that cultural and family expectations regarding women's roles, insufficient support from services, and the impact of Islamophobia can disproportionately hinder some of these women’s ability to engage in public life. 

As part of the Welsh Government’s ongoing campaign to promote greater diversity in elected office, a number of important measures are being introduced which will lead to changes in the Senedd and in local government through the Senedd Cymru (Members and Elections) Act 2024 and the Elections and Elected Bodies (Wales) Act 2024. 

As well as requiring the Welsh Ministers to publish this guidance, aiming for barriers to elected office for certain groups to be documented, understood and removed, the Elections and Elected Bodies (Wales) Act 2024 places a duty on the Welsh Ministers to make arrangements for the provision of services to promote diversity for people who share protected characteristics and socio-economic circumstances. It also requires Welsh Ministers to provide for a scheme of financial assistance to help disabled candidates for Welsh elections overcome barriers to their participation in the election connected to their disability. In addition, it provides a power for the Welsh Ministers to provide for financial assistance schemes to help candidates overcome barriers in connection with their specified characteristics and circumstances.

The Elections and Elected Bodies (Wales) Act 2024 also makes changes to the format and engagement process in terms of the development and delivery of the survey of candidates required in connection with local government elections. The Local Election survey guidance will continue to evolve and incorporate lessons learned from each set of elections, including how to encourage greater participation in the survey to increase the rich feedback captured as part of the process.

A number of respondents to the consultation provided thoughts on the various barriers which are experienced by different groups and ways in which these could be addressed. Some respondents also underlined the need for political parties to establish long-term relationships and effective engagement with underrepresented groups and representative organisations to gain an insight into lived experiences at both national and local level. It was felt that this would help develop an understanding of communities’ needs and the specific barriers faced by particular groups in participating in the political process. 

As already cited, there is a significant amount of evidence that examines the barriers people can face in entering politics, some of which is summarised in this impact assessment. This evidence, along with feedback received during the consultation on draft guidance, have helped inform this impact assessment and guidance for political parties. 

This assessment records the effects that have been identified on groups who share protected characteristics. There are different effects arising out of the different parts of the guidance.

The guidance in itself will not impact directly on people with protected characteristics or people in particular circumstances. The extent of the impact on any particular group will depend on the specific action taken, and success or otherwise of that action, by political parties (in response to the guidance).  However, it is hoped that over time, the collected, collated and published data will be able to be analysed in order to determine whether there has been an increase in the diversity of candidates and elected representative in Welsh elections.

The Welsh Ministers are under a duty to review the guidance from time to time, and revise if necessary. This process of ongoing review will involve consideration of how effective the guidance is proving to be in practice, informed by discussions with, and feedback from, relevant stakeholders.

The guidance recommends that political parties should normally publish their strategies well in advance of elections and at least 6 months before the 2026 Senedd election, and that they should review their strategies on an ongoing basis, drawing on the diversity information available to them. 

The guidance also advises parties to publish information on the diversity of Senedd candidates up to 6 weeks after each Senedd election.

Age

Think about different age groups.

Age: what are the positive or negative impacts of the proposal? 

The protected characteristic of ‘age’ is one of the characteristics specified in the guidance.

Age positive impact 1: diversity information 

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Age positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Age: reasons for your decision   

The average age of a Member of the Senedd in 2021 was 55 (Election 2021: How diverse is the Sixth Senedd? on Senedd Wales). This is compared to the average age of the Welsh population, which is 42.4 years old (at the time of figures in mid-2020) (Population estimates for the UK, England and Wales, Scotland and Northern Ireland on Office for National Statistics). These figures clearly demonstrate that the Senedd is currently attracting an older profile of person than that of the general population. 

The availability of data will enable monitoring of trends over time in terms of age of Senedd candidates.

Age: how will you mitigate impacts? 

Not applicable as no negative impacts arising from the proposal identified.

Disability

Consider the social model of disability and the way in which your proposal could inadvertently cause, or could be used to proactively remove, the barriers that disable people with different types of impairments (Evidence review: socio-economic disadvantage and inequalities of outcome).

Disability: what are the positive or negative impacts of the proposal? 

The protected characteristic of ‘disability’ is one of the characteristics specified in the guidance.

Disability positive impact 1: diversity information

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Disability positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Disability: reasons for your decision

The latest estimates indicate that 16.1 million people in the UK had a disability in the 2022 to 2023 financial year. This represents 24% of the total UK population (Family Resources Survey: financial year 2022 to 2023 on GOV.UK. There is no data currently available on how many Members of the Senedd have a disability. We do, however, know that disabled people face barriers and specific obstacles throughout their journey to become candidates at both local and Senedd elections (Barriers to elected office for disabled people on GOV.UK). 

The Unpacking Diversity report on Senedd Wales, page 26, comments: 

In the context of severe underrepresentation of people with disabilities in our elected legislatures, it is hardly surprising these institutions fail in substantially representing the interests of people with disabilities.

The report (Unpacking Diversity report on Senedd Wales, page 88) also goes on to indicate that:

such barriers might include the costs of seeking selection and election, particularly for people with disabilities who may face additional costs in respect of access requirements

Disability: how will you mitigate impacts? 

Not applicable as no negative impacts arising from the proposal identified.

Separate from the guidance, Welsh Ministers are required to provide for a scheme of financial assistance to help disabled candidates for Welsh elections overcome barriers to their participation in the election connected to their disability.

Gender reassignment (the act of transitioning and transgender people) 

Gender reassignment: what are the positive or negative impacts of the proposal? 

The protected characteristic of ‘gender reassignment’ is one of the characteristics specified in the guidance.

Gender reassignment positive impact 1: diversity information 

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will consequently help inform interventions to attract more people from the underrepresented group.

Gender reassignment negative impact 1: diversity information 

Some trans people may not wish to disclose their trans history or status to political parties, as there is evidence that some people who share this protected characteristic feel unsupported and fearful of the consequences of being entirely open about their personal circumstances.

Gender reassignment positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristics, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Gender reassignment negative impact 2: voluntary gender quotas 

If political parties choose to adopt the use of voluntary gender quotas, there could be a negative impact both in terms of privacy and the mental health of trans candidates – although this will depend on the individual and their particular circumstances. 

Gender reassignment: reasons for your decision

With its LGBTQ+ Action Plan, the Welsh Government is committed to supporting individuals from the LGBTQ+ community to stand for elected office. However, there is very limited information on transgender individuals seeking to stand for election to the Senedd. 

Evidence suggests that low levels of political education are prevalent across a number of marginalised groups, including the LGBTQI+ community (Ryrie et al., 2010), disabled people (Agran et al., 2016), and both the oldest and youngest demographics (Blackwell et al., 2019). Researchers have also linked lower levels of political education with lower political engagement overall. 

Information on participation in politics by people who share this protected characteristic (including intersectional identities) is lacking. If data is collected, collated and published by political parties, this should provide a more reliable and coherent baseline for further research and meaningful action by parties and other partners to remove barriers and increase participation.

However, research indicates that trans people can be concerned about being ‘outed’ or ‘exposed’ and that this can impact on their decision to disclose information about themselves publicly, particularly when participating in some high profile political activities, including standing for election (Experiences of and barriers to participation in public and political life for lesbian, gay, bisexual and transgender people, page 33 on GOV.UK). Other research shows that of 1054 trans people surveyed, 81% of respondents expressed that a lack of acceptance of the gender they live in, created a feeling of fear and therefore they see it as a barrier to participation in a range of everyday life (Trans mental health and emotional wellbeing study 2012 on Scottish Trans).

Under section 104 of the Equality Act 2010, political parties can take steps by way of their selections arrangements to reduce inequality in their elected members by reference to those who share particular protected characteristics and those who do not, including people who share the protected characteristics of ‘gender reassignment’ and ‘sex’. These groups are also protected from discrimination, harassment and victimisation relating to their protected characteristics. The nature and scale of impact on transgender people will depend on the extent to which political parties take action in response to the guidance.

Gender reassignment: how will you mitigate impacts? 

To address the negative impact identified in relation to diversity information and the particular findings of the research outlined in the previous column, Part 2 of the guidance encourages parties to allow candidates to complete a “prefer not to say” option in respect of all the diversity questions in the sample survey template. 

This is an important mitigating measure should any individual feel uncomfortable disclosing information about any of their characteristics or circumstances.

Pregnancy and maternity 

Pregnancy and maternity: what are the positive or negative impacts of the proposal? 

The protected characteristic of ‘pregnancy and maternity’ is not one of the characteristics specified in the guidance, although this will be kept under review. Political parties are being encouraged, however, to collect and publish information relating to Senedd candidates’ ‘caring responsibilities’ and ‘parenting responsibilities’.

Pregnancy and maternity positive impact 1: diversity information

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Pregnancy and maternity positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Pregnancy and maternity: reasons for your decision 

Research shows that gender norms “negatively impact women’s earning potential; for example, by exiting the labour market earlier due to caring responsibilities” (Removing barriers to elected office for people with protected characteristics: theory of change [3.6]).

Women are “more likely to have caring responsibilities, work part-time, and take career breaks to raise children”, and more likely to foot childcare costs, when compared to their male counterparts (Removing barriers to elected office for people with protected characteristics: theory of change [3.7]). The Welsh Government has made important steps in making it feasible for individuals who face certain barriers to remain in elected office, for example in providing financial support to Members of the Senedd with childcare or other caring responsibilities. In addition, the cost of childcare does not qualify as expenses incurred for election purposes and does not need to be reported (Political Parties Campaign Expenditure (Senedd Elections) Code of Practice 2020 on Senedd Wales)

Pregnancy and maternity: How will you mitigate impacts? 

Not applicable as no negative impacts arising from the proposal identified.

It should be noted that the guidance includes a proposed survey question relating to ‘parental responsibility’ which should enable parties (when considered alongside other information collected e.g. relating to ‘sex’) to capture information to help ascertain whether there is an underrepresentation of mothers or fathers amongst their candidates – and explore the reasons for that. 

Race

Includes different ethnic minorities, gypsies and travellers and migrants, asylum seekers and refugees.

Race: what are the positive or negative impacts of the proposal? 

The protected characteristic of ‘race’ is one of the characteristics specified in the guidance.

Race positive impact 1: diversity information

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Race positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Race: reasons for your decision 

In 2021, the Senedd Commission reported variation in the percentage of Members from different political parties that are from an ethnic minority backgrounds – 13% of Conservatives MSs, 3% of Labour MSs and no members from Plaid Cymru or the Liberal Democrats (Election 2021: How diverse is the Sixth Senedd? on Senedd Wales).

There is no information currently available on levels of representation in the Senedd from other communities within this protected characteristic, although for example we know that “one in six usual residents of England and Wales were born outside the UK.”(International migration, England and Wales on Office for National Statistics) Data on Gypsy, Roma and Traveller ethnic groups was collected for the first time in the 2021 census. 

Research points to specific barriers experienced by individuals from ethnic groups including, for example, less exposure to political networks and lack of suitable role models as: “…there are fewer ethnic minorities in the traditional routes into politics—so, working for parties, working in legislatures as advisers, that kind of thing” (Senedd reform: the next steps- Page 121 on Senedd Wales).

As noted by the 2022 SPC report, such a lack of information presents

a barrier for parties and for campaigners who seek to encourage and support the selection and election of diverse candidates and representatives.

In encouraging parties to be more systematic and consistent in their collection of diversity data in respect of candidates, it is hoped that this will drive greater transparency and action.

Race: How will you mitigate impacts? 

Not applicable as no negative impacts arising from the proposal identified.

The Anti-racist Wales Action Plan, launched in June 2022 is a key Programme for Government Commitment and is committed to eliminating systemic and institutional racism in Wales. Of particular relevance to the guidance for political parties, it is focused on increasing the representation of ethnic minority women in positions of leadership.

Religion, belief and non-belief 

Religion, belief and non-belief: what are the positive or negative impacts of the proposal

The protected characteristic of ‘religion and belief’ is one of the characteristics specified in the guidance.

Religion, belief and non-belief positive impact 1: diversity information

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Religion, belief and non-belief positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Religion, belief and non-belief: reasons for your decision 

A few respondents to the consultation highlighted the importance of ensuring that there is diversity of opinion and belief amongst Senedd candidates. Like many protected characteristics, religion and belief is personal and often not visible. 

As such, there is limited information available on how representative the Senedd is in this respect, presenting “a barrier for parties and for campaigners who seek to encourage and support the selection and election of diverse candidates and representatives”.

By collecting information about the profile of their candidates, including religion, belief and non-belief, parties will be able to ascertain to what extent their field of candidates reflects a broad range of views and perspectives.

Religion, belief and non-belief: How will you mitigate impacts? 

Not applicable as no negative impacts arising from the proposal identified.

Sex and gender

Sex and gender: what are the positive or negative impacts of the proposal? 

Sex and gender positive impact 1: diversity information

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Sex and gender positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Sex and gender positive impact 3: Voluntary gender quotas

If political parties choose to adopt the use of voluntary gender quotas, this may result in a higher proportion of women being elected to the Senedd and therefore potentially provide greater visibility and consideration of women’s and family- related policy issues in the Senedd, as well as the sharing of broader perspectives on a range of other issues.^{[Footnote 1] [Footnote 2]}

Sex and gender negative impact 1: Voluntary gender quotas

It has been identified that there could be a limited negative impact on men whereby as a result of the use of a quota, some men may not be placed on a candidate list or be placed in a less favourable position on a candidate list. This may result in them not being elected.  

Sex and gender negative impact 2: Voluntary gender quotas

Some respondents to the consultation identified that there could be a potential negative impact on women’s rights as a result of there not being a clear definition in the guidance of the meaning of ‘sex’ and ’woman’. There was a concern that this could lead to a candidate who is not a woman could be granted a list place reserved for women as part of a party’s approach to voluntary quotas. 

A view was expressed as part of the consultation that by not defining ‘sex’ the guidance could lead to girls and vulnerable women having their needs unmet and to active discrimination against girls and vulnerable women.

Sex and gender: reasons for your decision 

Generally, since devolution in 1999, women have been underrepresented in the Senedd. We also know that women are significantly underrepresented amongst candidates  for Senedd elections. In total, 470 candidates stood for election to the Senedd in 2021. Of these 322 (69%) were men and 148 (31%) were women (Senedd Election 2021: Research Briefing on Senedd Cymru).

The 'Unpacking Diversity' report found that: 

Women … were considerably more likely than men to view barriers to participation as more ‘significant’, and view incentives more positively. 

As noted earlier in this assessment, there is considerable research and evidence around the various benefits of having women participate in politics.

The suggestion in the guidance that political parties adopt the use of voluntary gender quotas seeks to make the Senedd a more effective legislature, by aiming to ensure that it better reflects the gender make-up of the population of Wales, with the associated policy benefits that are expected to arise from this. 

The suggestion in the guidance with regards to the placement of women on parties’ lists both at vertical (constituency) and horizontal (national) levels aims to achieve the desired outcome of more women being elected (Brooke, Mona Lena, (2009), ‘Quotas for Women in Politics’, p. 38.). 

Sex and gender: how will you mitigate impacts? 

The final guidance has been revised in light of comments from stakeholders on the potential for confusion when using the terms ‘sex’ and ‘gender’. 

It will be for political parties to decide whether to adopt the use of voluntary gender quotas depending on their specific circumstances and in line with their legal obligations under the relevant provisions in the Equality Act 2010. Part 7 of that Act contains specific provision (in section 104) regarding the selection of candidates by political parties at Senedd (and other) elections. This is made clear in the guidance.

The approach set out in the voluntary guidance is considered proportionate in achieving the aim of a more effective Senedd, as women are and have been historically an under-represented majority. 

Part 3 of the guidance recommends action, including gender quotas that could, subject to a party’s particular circumstances be taken under the Equality Act. Parties will therefore be bound by the definitions applicable to that Act. The Equality Act defines the protected characteristic of sex and the terms man and woman used in that definition.  Part 3 of the guidance signposts these definitions.

Sexual orientation 

Sexual orientation: what are the positive or negative impacts of the proposal? 

The protected characteristic of ‘sexual orientation’ is one of the characteristics specified in the guidance.

Sexual orientation positive impact 1: diversity information

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Sexual orientation positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Sexual orientation: reasons for your decision 

An estimated 3.3% of the UK population aged 16 years and over identified as lesbian, gay or bisexual (LGB) in 2022, an increase from 3.1% in 2020 and over double the percentage from 2014 (1.6%) (Sexual orientation, UK on Office for National Statistics.

In the current Senedd, at least 5% of Members openly identify as LGB, (Election 2021: How diverse is the Sixth Senedd? on Senedd Cymru) which is a greater percentage than the UK average.  However, this is not necessarily going to remain the case following the implementation of the increase in Senedd Members from 2026

In relation to LGBT+ candidates, the United Nations Development Programme (UNDP)(Building inclusive democracies: A guide to strengthening the participation of LGBTI+ persons in political and electoral processes on United Nations Development Programme) found that the barriers faced by LGBT+ people could be categorised as structural, individual, organisational, and violence related. The report highlights barriers such as a lack of political role models, stereotyped media coverage, exclusion from party candidate lists and harassment or violence against LGBT+ candidates and elected representatives. It also highlighted barriers such as political parties providing fewer resources and visible opportunities for their own LGBT+ candidates, and the high cost of election.

Sexual orientation: how will you mitigate impacts? 

Not applicable as no negative impacts arising from the proposal identified.

Marriage and civil partnership 

Marriage and civil partnership: what are the positive or negative impacts of the proposal? 

The protected characteristic of ‘marriage and civil partnership’ is not one of the characteristics specified in the guidance, although this will be kept under review. 

Marriage and civil partnership: reasons for your decision 

A small number of respondents to the consultation thought that political parties should be advised to ask candidates about their status in terms of ‘marriage and civil partnership’ on the basis that marriage affects political prospects differently for men and women.

Marriage and civil partnership: How will you mitigate impacts? 

Not applicable.

Children and young people up to the age of 18 

Children and young people up to the age of 18: what are the positive or negative impacts of the proposal? 

This group is not included as prospective candidates for local and Senedd elections must be adults (at least 18 years old). 

Children and young people up to the age of 18: reasons for your decision 

Not applicable.

Children and young people up to the age of 18: how will you mitigate impacts? 

Not applicable.

Low-income households 

Low-income households: what are the positive or negative impacts of the proposal? 

‘Socio-economic’ background is included in the guidance as a specified circumstance.

Low-income households positive impact 1: diversity information

The availability of data will highlight if people who share this protected characteristic, or a combination of this protected characteristic and other characteristics, are underrepresented in the political process. This information will help inform interventions to attract more people from the underrepresented group.

Low-income households positive impact 2: diversity and inclusion strategies

By encouraging political parties to publish diversity and inclusion strategies, the guidance will raise awareness of barriers to engagement in politics faced by groups who share this protected characteristic, or a combination of this protected characteristic and other characteristics, and support political parties to be proactive in addressing any underrepresentation identified.

Low-income households: reasons for your decision 

It is well evidenced that people with certain protected characteristics are more likely to experience socio-economic disadvantage (A review of evidence on socio-economic disadvantage and inequalities of outcome), therefore it is not always sufficient or appropriate to consider one element, or one type of barrier, in isolation. The reasons for underrepresentation are often complex and multilayered, and some people may have intersecting characteristics which can result in multiple barriers being faced.

A House of Commons Research paper (Political disengagement in the UK: Who is disengaged? on Parliament UK) has identified that:

not much is known about the socio-economic backgrounds of councillors, candidates and MPs, although the number of MPs from a lower-skilled background has decreased in recent years.

As noted by 2022 SPC report, such a lack of information for candidates and Senedd Members presents:

a barrier for parties and for campaigners who seek to encourage and support the selection and election of diverse candidates and representatives.

Being more systematic and consistent in the collection of diversity data in respect of Senedd candidates will help drive transparency and action. 

Low-income households: how will you mitigate impacts? 

Not applicable as no negative impacts arising from the proposal identified.

Article 8: Right to privacy 

Right to privacy: what are the positive or negative impacts of the proposal? 

Right to privacy negative impact: diversity information

There is a potentially negative outcome relating to violation of people's privacy arising from publication of the data.

Right to privacy: reasons for your decision 

While there are risks relating to the collection and publication of diversity information, these can be managed and mitigated through appropriate policies and procedures.

Some of the respondents to the consultation considered there the risk was more likely to materialise if political parties publish information which is broken down into smaller categories and intersectional information. A few respondents felt that this was a particular risk for smaller parties and thought that training and structures for sharing good practice could be beneficial to parties.

Right to privacy: how will you mitigate negative impacts? 

The data controllers, that is, registered political parties, would be responsible for protecting the privacy of their candidates. 

The guidance proposes various measures which political parties may consider taking in order to ensure the anonymity of published data, including ensuring that staff handling the information are adequately and appropriately trained. 

The guidance also signposts to relevant information and guidance available from the Information Commissioner’s Office.

All the survey questions provide a ‘prefer not to say’ option which means that the guidance does not suggest that any candidate should be required to provide information about themselves if they do not feel comfortable doing so.

Article 9: Freedom of thought, belief and religion

Freedom of thought, belief and religion: what are the positive or negative impacts of the proposal? 

Freedom of thought, belief and religion positive impact: diversity information

The availability of data and political parties’ diversity and inclusion strategies will highlight cohorts which are underrepresented in the Senedd or the democratic process. This information will consequently help inform interventions aimed at increasing diversity and equality, thus reducing discrimination. 

Freedom of thought, belief and religion: reasons for your decision 

The Expert Panel on Assembly Electoral Reform, the CSER and the SPC on Senedd Reform have all called for measures to make the Senedd more diverse and representative of the people it serves.

The guidance for registered political parties has been developed as a result of these calls and takes into account evidence presented by Welsh Government research (and other research) that there are barriers to standing for elected office in Wales for people with certain characteristics (Removing barriers to elected office for people with protected characteristics: theory of change (summary). 

As indicated in respect of Article 3 of Protocol 1. 

Freedom of thought, belief and religion: how will you mitigate negative impacts

Not applicable as no negative impacts arising from the proposal identified.

Article 14: Protection from discrimination

Protection from discrimination: what are the positive or negative impacts of the proposal? 

Protection from discrimination positive impact: diversity information

The availability of data and political parties’ diversity and inclusion strategies will highlight cohorts which are underrepresented in the Senedd or the democratic process. This information will consequently help inform interventions aimed at increasing diversity and equality, thus reducing discrimination. 

Protection from discrimination negative impact: voluntary gender quotas 

There is scope for negative impacts for potential candidates, but it may be greater for, or occur more often in respect of men than women.

Some respondents to the consultation identified a risk to women should men who self-identify as women wish to claim eligibility for a quota place on a list.

Protection from discrimination: reasons for your decision 

The Expert Panel on Assembly Electoral Reform, the CSER and the SPC on Senedd Reform have all called for measures to make the Senedd more diverse and representative of the people it serves.

The guidance for registered political parties has been developed as a result of these calls and takes into account evidence presented by Welsh Government research (and other research) that there are barriers to standing for elected office in Wales for people with certain characteristics (Removing barriers to elected office for people with protected characteristics: theory of change (summary). 

As indicated in respect of Article 3 of Protocol 1. 

Protection from discrimination: how will you mitigate negative impacts

The example model of quota including the example placement criteria set out in the guidance ultimately  does not prevent any party from having equal numbers of men and women on their lists and in first position across all the constituencies where they choose to stand candidates, making it possible for men and women to be represented in equal numbers overall in the election.

Political parties will be responsible for implementing quotas within the parameters of the law. This is made clear in the guidance.

Article 3, protocol 1: Right to stand for election (right to free elections)

Right to stand for election: what are the positive or negative impacts of the proposal? 

The guidance is voluntary in nature, therefore political parties are not under a legal obligation to implement it. The ideas for positive action by political parties, including the voluntary gender quotas model in Part 3 would not prevent any person or party from standing at a Senedd election.

Depending on a party’s approach to implementing voluntary gender quotas, this could result in some potential candidates not standing for election when they otherwise would have done or being in a lower position on a party’s list than they otherwise would have been. This could have the effect that these candidates are not elected when they might otherwise have been.

Right to stand for election: reasons for your decision 

Should a party decide to implement voluntary gender quotas or other positive measures, this could result in potential candidates not being included on a party’s candidate list in order to achieve the desired effect of more individuals from underrepresented groups being elected. 

Right to stand for election: how will you mitigate negative impacts

The guidance is intended to help achieve the legitimate aim of making the Senedd more reflective of the population it is seeking to represent and serve.

Political parties, in all instances, will need to consider what action they can take in reliance on the Equality Act 2010.   

EU/EEA and Swiss Citizens’ Rights

The proposed diversity and inclusion guidance for registered political parties will not negatively impact EU, EEA or Swiss citizens whose rights are protected by the Citizens Rights Agreements.

[1] Funk, Kendall D.; Paul, Hannah L.; and Philips, Andrew Q. (2021) ‘Point break: using machine learning to uncover a critical mass in women’s representation’, Political Science Research and Methods, Vol. 10, Issue 2, pp. 372–90.

[2] Cowper-Coles, Minna (2021) ‘Women political leaders: the impact of gender on democracy’, The Global Institute for Women’s Leadership at King’s College London and the Westminster Foundation for Democracy,  pp. 8-9.