Senedd Cymru (Members and Elections) Bill: integrated impact assessment
An assessment on the impact of the bill for reform of the Senedd.
A PDF download of this document will be available soon.
In this page
Section 1. What action is the welsh government considering and why?
Key purposes of the Senedd Cymru (Members and Elections) Bill
The Welsh Government has prepared the Senedd Cymru (Members and Elections) Bill (“the Bill”) to implement the majority of the Senedd’s Special Purpose Committee’s recommendations for Senedd reform, in time for the next Senedd election in 2026.
Specifically, the Bill’s provisions provide for:
- increasing the size of the Senedd to 96 Members
- increasing the legislative limit on Welsh Government Ministers to 17 (in addition to the First Minister and Counsel General), with power to further increase this limit to 19
- increasing the maximum number of Deputy Presiding Officers who may be elected from within the Senedd to 2
- changing the Senedd’s electoral system so that all Members will be elected via a closed proportional list system, with votes translated into seats via the D’Hondt formula
- repurposing and renaming the Local Democracy and Boundary Commission for Wales, including:
- providing the new Democracy and Boundary Commission Cymru with the functions necessary to undertake ongoing reviews of Senedd constituency boundaries
- providing instructions for the Democracy and Boundary Commission Cymru to follow in undertaking their boundary reviews, including:
- in respect of the streamlined review to pair the 32 new UK Parliamentary constituencies in advance of the 2026 Senedd election (to form 16 new Senedd constituencies)
- a full review in advance of the subsequent election, and
- ongoing periodic reviews.
- returning the normal length of time between Senedd general elections to 4 years
- requiring candidates to, and Members of, the Senedd to be registered in the register of local government electors at an address in Wales
- an opportunity for a review of the operation and effect of the new legislative provisions and any other relevant Senedd reform issue to be conducted by the Senedd following the 2026 election
- instigating further work, to be led by the Senedd, to explore the feasibility and legislative challenges associated with job-sharing.
Consideration has been given to the effect of this legislation in relation to the 5 ways of working identified within the Well-being of Future Generations (Wales) Act.
Long term
Legislating to reform the Senedd is considered to have ongoing long-term benefits in terms of the Senedd’s capacity to hold the Welsh Government to account, make laws, consider tax variations, and represent the people of Wales. It also removes a constraint upon future decisions around the devolution of powers, which should be taken on the basis of what approach best meets the needs of the people of Wales.
Prevention
Legislating to reform the Senedd will mitigate against a range of concerns previously identified around the Senedd’s capacity, including its ability to scrutinise effectively and engage with the people it serves. Better scrutiny makes for better policy and law-making, thereby preventing a range of problems arising in the future.
Integration
Improved scrutiny will have a wide array of benefits across the entire spectrum of the Welsh Government’s policy responsibilities. Additionally, in the development of electoral changes, which are necessary to elect a larger Senedd, consideration has been given to the broader changes impacting on the capacity of local authorities’ elections teams. This includes the implementation of the UK government’s Elections Act 2022, but also the electoral reforms being separately delivered through the Welsh Government’s Elections and Elected Bodies (Wales) Bill.
Collaboration
Engagement with partners and stakeholders has been vital to the development of this legislation, including external delivery partners in the electoral community and the Senedd Commission. Welsh Government officials have regularly engaged with key partners through the Wales Electoral Coordination Board, Wales Electoral Practitioners Working Group, meetings with the Electoral Commission (and political parties via the Electoral Commission’s ‘Senedd Political Parties Panel’). Welsh Government officials have also met with key stakeholders to discuss detailed elements of policy to ensure that it is operational and can be implemented smoothly.
Involvement
Key external stakeholders, as well as cross-government policy areas have been fully engaged and involved in taking forward the development and implementation of Senedd Reform legislation.
Impact
The overall purpose of the Bill is to make the Senedd a more effective legislature for, and on behalf of, the people of Wales. Increasing the capacity of the Senedd will enable it to more effectively:
- hold the Welsh Government to account
- scrutinise, oversee, and improve policy, legislation and spending, and
- represent, respond to, and serve the people of Wales.
Costs and savings
Investing in our democracy has a cost attached to it. A Regulatory Impact Assessment has been developed to accompany the Bill, including in relation to its cost and saving implications for the Welsh Government, Senedd Commission, local authorities, the Local Democracy and Boundary Commission and the Electoral Commission. Value for money will continue to be given full consideration in delivering and implementing the reforms.
Mechanism
Primary legislation is necessary to deliver all the proposals set out above.
Section 2. What will be the effect on social well-being?
2.1 People and communities
Consideration has been given to how, and to what extent, the legislation may affect people and communities. This included impacts on particular individuals, groups of people or communities, people living in, working in, or linked to particular places, consumers of particular products or services, workers, in general and in specific sectors, and the goal of promoting decent and fair work (as per section 4 of the Well-being of Future Generations (Wales) Act 2015). The paragraphs below summarise the potential impact of provisions within the Bill.
Size
Measures to increase the size of the Senedd will improve its ability to scrutinise on behalf of, and represent, the interests of a wider range of communities and people across Wales.
Boundaries
People will be living in larger Senedd constituencies than is currently the case, both in terms of population levels, and geographically. This may be seen as a negative impact by some, with a perception that their local area may have ‘lost its voice’. Changes to the names of constituencies may also contribute to this perception – for example, if a local area no longer features in the name of the constituency.
Some may also be of the view that access to their Member of the Senedd will have been eroded as that member will need to cover more constituents and a larger area. However, it is important to emphasise that each new Senedd constituency will have 6 elected Members of the Senedd.
In terms of any impacts on particular places, it is worth noting that residents of the Ynys Môn UK Parliament constituency (protected in UK Parliament constituency boundary reviews) will be part of a larger Senedd constituency by comparison, and one that will extend onto the mainland. Some residents of Ynys Môn may consider this as a negative impact given Ynys Môn’s distinctive geography as an island.
Some communities may also be concerned that they will be split between Senedd constituencies once boundary reviews have completed. However, the renamed Local Democracy and Boundary Commission for Wales (LDBCW) may take into account as part of the 2026 review “any local ties that would be broken by the proposed pairings”. In addition, when considering whether there should be changes to the Senedd constituencies as part of any subsequent reviews, the renamed LDBCW may also take into account “any local ties that would be broken by such changes”. The electoral quota variance range included as part of the boundary review to take place in advance of the 2030 Senedd election (and subsequent reviews) would also allow the Commission the flexibility to take into account local ties, whilst maintaining a level of parity of representation.
Voting systems and other reforms
Changes to the voting system are universal and will impact all people of voting age.
The implementation of a requirement to be resident in Wales for both candidates for election to be a Member of the Senedd, and to remain a Member of the Senedd, may mean that individuals who are currently resident outside of Wales, but who are planning on seeking election in 2026 (or in future) will need to relocate in order to be eligible. It may be noted that the Representation of the People Act 1983 already provides that a person who does not have a fixed or permanent address may register at the place where they spend most of their time, or to which they have a local connection, by making a declaration of local connection.
The reduction in term lengths from 5 to 4 years will mean that staff who are directly employed by Members of the Senedd (and Government Special Advisers) will potentially face a risk of redundancy on a more frequent basis, given that their employers (be that MSs or government) will be facing re-election on a more frequent basis.
The measures in the Bill relating to job-sharing are intended to help ensure that further consideration is given to job-sharing as a mechanism for ensuring that the role of Member of the Senedd and related offices are open to as many people as possible, removing potential barriers and attracting a broader range of candidates and increasing the diversity of the Senedd.
2.2 Children’s rights
Ministers are required to have due regard to the United Nations Convention on the Rights of the Child when exercising any of their functions. The Children’s Rights Impact Assessment (CRIA) considers the effect of the Senedd Cymru (Member and Elections) Bill on children in Wales and their rights under the United Nations Convention on the Rights of the Child (UNCRC). Senedd Cymru (Members and Elections) Bill: children’s rights impact assessment.
2.3 Equality
The Equality Impact Assessment was conducted to consider the potential impacts of the legislation on people with protected characteristics as described in the Equality Act 2010.
The full Impact Assessment details that in overarching terms, the Bill is expected to have broadly positive impacts for a range of people with protected characteristics. Measures to increase the size of the Senedd will potentially improve its ability to scrutinise on behalf of, and represent, the interests of a wider range of communities and people across Wales, including people with protected characteristics as described in the Equality Act 2010. A full Equality Impact Assessment has been completed and is available at Annex B.
2.4 Rural proofing
In broad terms, measures to increase the size of the Senedd will improve its ability to conduct policy and legislative scrutiny on behalf of the people of Wales, including rural individuals and communities. A summary of the impact of provisions within the legislation is provided in the paragraphs below.
Boundaries
As noted above, Senedd constituencies will be larger following the boundary reviews, as provided for in the Bill. People living and working in sparsely populated areas might therefore consider the identities and needs of their communities to be subsumed within a larger area.
There is a risk that people in rural communities may have concerns that elected Members will be geographically based further away from their communities. However, the Senedd’s new electoral system will mean that people in rural communities will be represented by 6 Members, which may mitigate such risks. Moreover, the Bill provides for the renamed LDBCW to take into account as part of the boundary reviews special geographical considerations, including the size, shape and accessibility of a proposed or existing Senedd constituencies. This means that the renamed LDBCW will be considering the potential impacts of the size of constituencies as part of its work.
Consideration was given as to whether there should be a limit on the maximum size of a Senedd constituency. For example, rules for UK Parliamentary constituency reviews state that a constituency must not have an area of more than 13,000 square kilometres (subject to some exceptions). However, it is understood that limit was put in place to avoid exceptionally large constituencies in Scotland, and by virtue of physical geography, constituencies in Wales would always be a long way short of that limit.
It is also important to note that the Bill (for the purposes of the review ahead of the 2030 election and beyond) reflects the recommendation in the Special Purpose Committee’s report that Senedd constituencies should contain a broadly equal number of electors, with a tolerable variation in the electorate per constituency. The underlying principle therefore is that everybody is represented broadly equally across Wales, with constituencies that are of broadly equal size in terms of electors.
The Bill also places a requirement on the renamed LDBCW to continue with the usual practice of designating constituencies as either a ‘county constituency’ or a ‘borough constituency’. As a general principle, where constituencies contain more rural elements, they would normally be designated as county constituencies, with borough constituencies containing more urban areas. The main effect of this is linked to the regulated election expenditure of candidates (with the maximum amount higher for county (more rural) constituencies than borough (more urban) constituencies. This means that the financial impact of campaigning in large rural constituencies on election candidates is lessened.
Changes to Senedd constituency boundaries should not impact on access to services for rural people as they are not usually delivered at a Senedd constituency level.
Some rural communities may be concerned that they may be split between Senedd constituencies which may impact or undermine the use of Welsh language within their communities. However, the renamed LDBCW may take into account as part of the 2026 review “any local ties that would be broken by the proposed pairings”. Similarly, when considering whether there should be changes to the Senedd constituencies as part of any subsequent reviews, the renamed LDBCW may also take into account “any local ties that would be broken by such changes”.
On the basis of the impacts identified above, the completion of a full Rural Proofing Impact Assessment has not been identified as a requirement.
2.5 Health
In broad terms, measures to increase the size of the Senedd will improve its ability to conduct policy and legislative scrutiny, including in relation to the health of communities and people across Wales.
Beyond this, the Bill’s provisions are not considered to impact (either beneficially or negatively) on health. Accordingly, the decision has been taken not to conduct a more detailed health assessment.
2.6 Privacy
The majority of the Senedd Reform Bill’s provisions are not considered to give rise to matters related to the processing of information that could be used to identify individuals, or relate only tangentially to such.
For example, an increase in the number of Members of the Senedd will mean that bodies which already process data related to such Members (for example, the Senedd Commission) will be responsible for a greater volume of data. However, such bodies already have processes in place for processing information about Members, and the Senedd Reform Bill is not considered to have effect upon such processes. Similarly, the Bill provides for an increase in the maximum number of Welsh Government Ministers and Deputy Presiding Officers but is not considered to have effect upon existing processes for handling information about Welsh Government Ministers or Deputy Presiding Officers.
A data protection impact assessment screening has been undertaken on proposals related to Senedd Constituencies Boundary Reviews and is included at Annex C. The Information Commissioner’s Office was consulted on these and no issues were raised. The proposals were therefore thought not to meet the criteria for a full Data Protection Impact Assessment to be undertaken. A summary of the proposals is provided in the paragraphs below.
Provisions relating to Boundary Reviews
The Bill makes provision for the Democracy and Boundary Commission Cymru (i.e, the renamed LDBCW) to undertake Senedd constituency boundary reviews to determine Senedd constituencies for the 2026 Senedd election, and for subsequent elections. The Bill sets out the rules and procedures the Democracy and Boundary Commission Cymru (DBCC) must follow when conducting those reviews.
Reviewing Electoral Register Data
For the reviews to take place in advance of the 2030 Senedd election and beyond, the Bill requires the DBCC to use electoral register data, to ensure electorate size is broadly comparable across constituencies and within a variance range of an electoral quota. It is expected the DBCC will request (from Electoral Registration Officers) redacted versions of the registers as part of this work, as this is the existing practice the current Local Democracy and Boundary Commission for Wales (LDBCW) follows when carrying out local government electoral reviews. This approach would therefore not entail the processing of personal data. Should the DBCC move away from this practice, and use the full electoral registers [footnote 1], which would include details such as names, addresses and electoral numbers, then the DBCC would be required to ensure that any processing of personal data is done so in compliance with UK GDPR.
Requirement to consult and to publish consultation responses
For all Senedd boundary reviews it conducts, the DBCC will be required to consult on its proposals and publish representations received. The requirement to consult is considered necessary so that the views of people and communities are taken into account as part of the boundary reviews. This is also standard practice for boundary reviews that take place across the UK. Respondents are likely to volunteer personal data (such as names, email addresses, location data) and also special category data (such as political opinions) when responding to consultations, and in connection with attending any public hearings as part of the 2030 and beyond reviews. This means that the DBCC will be processing personal data whilst fulfilling its obligation to consult (even though the Bill does not state that personal data must be captured).
In terms of publishing consultation responses, this ensures maximum transparency for the reviews, as the representations which were considered by the DBCC when making its proposals, can be viewed. It is anticipated that the DBCC will publish those representations with any personal data redacted, with appropriate processes in place to ensure any published information is anonymised. This mirrors the current LDBCW’s practice when carrying out local government electoral reviews.
Section 3. What will be the effect on cultural well-being and the Welsh language?
3.1 Cultural well-being
In broad terms, measures to increase the size of the Senedd will improve its ability to conduct policy and legislative scrutiny, including in relation to cultural wellbeing. Beyond this, the majority of the Bill’s provisions are not considered to impact (either beneficially or negatively) on cultural wellbeing.
3.2 Welsh language
In broad terms, measures to increase the size of the Senedd will improve its ability to conduct policy and legislative scrutiny, including in relation to the Welsh Language.
A Welsh Language Impact Assessment is available at Annex E below.
Section 4. What will be the effect on economic well-being?
Supporting growth in the Welsh economy, and through this tackling poverty, is at the heart of the Welsh Government’s Programme for Government.
4.1 Business, the general public and individuals
In broad terms, measures to increase the size of the Senedd will improve its ability to scrutinise policy and legislation related to economic well-being.
Beyond this, the majority of the Bill’s provisions are not considered to impact (either beneficially or negatively) on economic well-being.
4.2 Public sector including local government and other public bodies
A full impact assessment on the Bill’s impact on the Public Sector has not been conducted. However, the Integrated Impact Assessment has considered in detail the Bill’s potential implications for the public sector. A summary of these considerations are provided in the paragraphs below.
Size
Increasing the number of Members of the Senedd, the maximum number of Welsh Ministers and the maximum number of Deputy Presiding Officers will have varied implications for the workloads of public bodies such as the Senedd Commission (in providing support to Members) and the Welsh Government (in providing support to Ministers and responding to parliamentary scrutiny). These are considered in detail in the Bill’s Regulatory Impact Assessment.
Boundaries
The Bill makes provision to confer additional functions on the Local Democracy and Boundary Commission for Wales (LDBCW) to undertake boundary reviews of Senedd constituencies.
The LDBCW is an existing independent Welsh Government sponsored body, with the current main purpose of publishing a programme of work which keeps under review the electoral arrangements for the 22 principal councils in Wales (which it will continue to do so alongside its additional responsibilities).
The Bill also makes provision for the LDBCW to be renamed to Democracy and Boundary Commission Cymru to reflect its new additional responsibilities.
In addition to its new Senedd constituency review functions, it is anticipated that the Welsh Government’s own forthcoming Elections and Elected Bodies (Wales) Bill will provide for the renamed Democracy and Boundary Commission Cymru to take on the functions of the Independent Remuneration Panel for Wales (IRP). The increase in the maximum number of Commissioners anticipates this change. In this context, the increase from a maximum of 5 to 9 Commissioners can be seen as actually representing a 25% reduction in the current combined ceiling of 12 within the 2 existing bodies (five boundary commissioners and 7 IRP members).The additional responsibilities being conferred on LDBCW will also increase the work volume for the Secretariat of the LDBCW. The Secretariat consists of the posts of Chief Executive, Head of Business, Head of Policy and Programme, Finance Manager, Communications and Engagement Manager, Review Managers and Support Officers. The LDBCW Secretariat also undertakes the responsibility of providing a Secretariat to the Boundary Commission for Wales for its reviews of UK Parliamentary constituencies in Wales.
The impact on the LDBCW is therefore considered significant, and these will include resource, staffing and financial impacts (including costs related to the renaming).
As a Welsh Government Sponsored Body, the LDBCW currently receives grant funding from the Welsh Government to fund its general revenue and capital activities. The Commission’s sponsoring division within Welsh Government is the Local Government Policy Division.
Discussions are taking place between Welsh Government and the LDBCW on the additional funding required due to the increase in responsibilities, so that the renamed LDBCW is able to start work on Senedd reviews shortly after when Royal Assent of the legislation would be expected. These additional costs are identified in the RIA.
Voting systems
The Welsh Government funds the Senedd elections. Returning Officers (usually the Chief Executives of the local authorities) are responsible for arranging the elections in their area.
The Bill makes provision for the voting system to be changed from a mixed member system to a closed proportional list system, with seats allocated using the D’Hondt method.
The change in voting systems marks a sizeable change in how Senedd elections are run. This will require local authorities to amend and adapt current practice. In the short term, this will create an extra burden on local authorities in relation to resources as they will need to roll out the changes and ensure all staff (including polling staff) are fully trained. This may require extra finances.
The impact on local authorities, particularly electoral services, is considered to be significant.
There is also an additional impact on the Electoral Commission who are responsible for producing electoral guidance in the UK. A change to the voting system will require a significant redraft of existing guidance to explain the changes to all those engaged in elections, including candidates and voters.
Reducing the length of Senedd terms from 5 years to 4 years means that elections will be held on a more regular basis, increasing the overall cost for administering Senedd election for electoral administrators and bodies such as the Electoral Commission.
Similarly, increasing the frequency of general elections to the Senedd will necessitate boundary reviews being conducted on a more frequent basis than would otherwise be necessary (i.e. once every 8 years, rather than once every 10). Conversely, the removal of the need for by-elections will result in financial savings for bodies involved in their delivery. The financial implications of such changes are incorporated into the Regulatory Impact Assessment set out in Part 2 of this Explanatory Memorandum.
4.3 Third Sector
The Assessment identified that the legislation could have marginal impacts upon third sector bodies with a particular interest in electoral voting systems and in engaging with Members of the Senedd. There may be a small impact on third sector bodies involved in the promotion of proportional voting systems, for example the Electoral Reform Society. It is hoped that any impact would be positive as the move away from a mixed member electoral system that uses in part the simple majority system to a closed proportional list one will demonstrably return fairer representation. However, the Welsh Government does not provide any financial compensation for this type of activity.
These implications are not considered sufficiently significant to necessitate a full assessment on the Bill’s impact on the Third Sector.
4.4 Justice impact
The Welsh Government’s assessment of the impacts of this legislation on the justice system is that it has no or negligible potential impact. A full Justice impact assessment has been completed and published as part of the Explanatory Memorandum accompanying the Bill.
Section 5. What will be the effect on environmental well-being?
In broad terms, measures to increase the size of the Senedd will improve its ability to scrutinise policy and legislation related to environmental well-being.
Beyond this, the Bill’s provisions are not considered to impact (either beneficially or negatively) on environmental well-being.
Under Section 9 of the Environment (Wales) Act 2016, the Welsh Ministers are required to prepare, publish and implement a natural resources policy and to take all reasonable steps to implement it and to encourage others to take such steps. The Natural Resources Policy was published in August 2017.
The following assessments have been considered and completed where appropriate.
- Natural Resources Policy national priorities, challenges and opportunities - required for all proposals (5.1a and 5.1b)
- Biodiversity - required for all proposals (5.2 and Annex F)
- Climate Change - required for all proposals (5.3)
- Strategic Environmental Assessment - certain plans and programmes requiring SEA under the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 (5.4)
- Habitats Regulations Assessment - proposals which may affect a Special Area for Conservation or a Special Protected, Area (SAC/SPA) (5.5)
- Environmental Impact Assessment - certain projects relating to town and country planning; transport; agriculture; forestry; marine, land drainage; and electricity which require EIA under the various EIA Regulations (5.6)
5.1 Natural Resources
5.1a How will the proposal deliver one or more of the National Priorities in the Natural Resources Policy (NRP)?
Having considered the proposals against the priorities of the Natural Resources Policy, no impact is identified and therefore a full impact assessment has not been undertaken.
5.1b Does the proposal help tackle the following national challenges and opportunities for the sustainable management of natural resources?
Having considered the proposals against the priorities of the Natural Resources Policy, no impact is identified and therefore a full impact assessment has not been undertaken.
5.2 Biodiversity
However, to demonstrate compliance with Section 6 of the Environment (Wales) Act 2016, a Biodiversity Impact Assessment has been completed and is provided at Annex E.
5.3 Climate Change
Climate change has been identified as one of the biggest threats facing our future generations. We need to reduce our emissions through decarbonisation action (5.3a) and to adapt to the impacts of climate change by increasing our resilience (5.3b).
5.3a Decarbonisation
Other than improving the Senedd’s ability to scrutinise policy and legislation related to environmental well-being, the proposals are not considered to impact significantly on level of emissions in Wales.
5.3 b Adaptation
Other than improving the Senedd’s ability to scrutinise policy and legislation related to environmental well-being, the proposal will not have an impact significantly on the ability to adapt to the effects of climate change.
5.4 Strategic Environmental Assessment (SEA)
The Strategic Environmental Assessment applies to plans, programmes and strategies required by legislative, regulatory or administrative provisions, and either subject to preparation and/or adoption at a national, regional or local level, or being prepared by an authority for adoption through a legislative procedure (for example an Act of Parliament or regulation).
An SEA is required if the plan, programme or strategy is likely to have an impact in certain key areas – agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, tourism, town and country planning or land use.
The proposals do not impact significantly on these areas and therefore it has been determined that a Strategic Environmental Assessment is not required.
5.5 Habitats Regulations Assessment (HRA)
The proposals will not impact significantly on the Natura 2000 European protected site network and therefore it has been decided that a Habitats Regulations Assessment is not required.
5.6 Environmental Impact Assessment (EIA)
In broad terms, measures to increase the size of the Senedd will improve its ability to scrutinise policy and legislation related to environmental wellbeing. Beyond this, the majority of the Bill’s provisions are not considered to impact (either beneficially or negatively) on environmental wellbeing.
The proposals do not involve any of the activities listed in the integrated impact assessment guidance and therefore we have determine that a Strategic Environmental Assessment is not required.
Section 6. Socio-economic duty what will be impact on socio-economic disadvantage?
6.1 The Socio-economic Duty
In broad terms, measures to increase the size and diversity of the Senedd will improve its ability to scrutinise the impact of policies and legislation in relation to socio-economic disadvantage.
Beyond this, the majority of the Bill’s provisions are not considered to impact (either beneficially or negatively) on economic well-being and therefore a full socio-economic impact Assessment has not been undertaken.
Section 7. Record of full impact assessments required
Full impact assessments required:
- Children’s rights - complete
- Equality - Complete (please see Annex B)
- Privacy - Complete (please see Annex C)
- Welsh Language - Complete (please see Annex D)
- Economic / RIA - A Regulatory Impact Assessment has been completed
- Justice - A full Justice impact assessment has been completed and published as part of the Explanatory Memorandum accompanying the Bill
- Biodiversity - Complete (please see Annex E)
Section 8. Conclusion
8.1 How have people most likely to be affected by the proposal been involved in developing it?
As noted earlier in this document, key external stakeholders, as well as cross-government policy areas have been fully engaged and involved in taking forward the development and implementation of the Bill.
The Special Purpose Committee’s report set an ambitious timetable to implement reform in time for the next scheduled Senedd election in 2026, which meant that it was not possible for the Welsh Government to undertake its own open public consultation on either the general concepts of Senedd Reform or a draft Bill.
Instead, the Welsh Government undertook:
- Targeted bilateral engagement with external stakeholders to ensure officials were cognisant of their views on key issues, and
- Early and detailed engagement with the electoral administrator community, ensuring that administrative concerns could be fed into the legislation design process.
For example, there has been regular engagement with the secretariat of the Local Democracy and Boundary Commission for Wales during the development of the Bill, to ensure that the proposals included are both deliverable and reflect existing boundary review practices. Regular meetings have been held about the proposed arrangements and possible impact on the Commission, alongside the changes to be made via the Elections and Elected Bodies (Wales) Bill. There has also been direct engagement with the Electoral Commission on those aspects of reform which impact directly on it, and the Electoral Commission has facilitated engagement with a number of political party representatives on proposals impacting on political parties. The Welsh Government has also engaged with the Information Commissioner’s Office (ICO) on the data protection implications of the boundary review proposals.
In addition, while the Welsh Government was not able to undertake its own public consultation, in developing the legislation it has considered the wealth of information on the public’s views on Senedd Reform as expressed in a series of consultations undertaken over the last 20 years (by the Special Purpose Committee and the Committee on Senedd Electoral Reform and Expert Panel of Assembly Electoral Reform before it). Summaries of each of these consultations have been included in the explanatory memorandum that has been prepared to accompany this Bill.
Responses to these consultations have helped inform the preparation of the integrated and individual impact assessments. Individual impact assessments have also been informed by discussions with internal stakeholders and specific dialogue with external expert stakeholders, including the Information Commissioner’s Office and the Ministry of Justice. These impact assessments will be reviewed and updated as new information and evidence on impact becomes available.
8.2 What are the most significant impacts, positive and negative?
The purpose of the Bill is to make the Senedd a more effective legislature for, and on behalf of, the people of Wales. Increasing the capacity of the Senedd will enable it to more effectively:
- hold the Welsh Government to account
- scrutinise, oversee, and improve policy, legislation and spending, and
- represent, respond to, and serve the people of Wales
8.3 In light of the impacts identified, how will the proposal maximise contribution to our well-being objectives and the 7 well-being goals
The integrated impact assessment considers the implications of the legislation in relation to the 5 ways of working identified within the Well-being of Future Generations (Wales) Act.
In this context, the legislation is considered to have a range of positive impacts, including for the Senedd’s long-term capacity to hold the Welsh Government to account, make laws, consider tax variations, and represent the people of Wales. It also removes a constraint upon future decisions around the devolution of powers, which should be taken on the basis of what approach best meets the needs of the people of Wales. Better scrutiny is considered to make for better policy and law-making, thereby potentially preventing a wide-array of problems arising in the future.
In the development of electoral changes, integrated consideration has been given to the broader changes impacting the wider electoral community, including the capacity of local authorities’ elections teams. This includes the implementation of the UK government’s Elections Act 2022, and reforms being separately delivered through the Welsh Government’s Elections and Elected Bodies (Wales) Bill.
Collaboration and involvement with partners and stakeholders has been vital to the development of this legislation, including external delivery partners in the electoral community, and it is anticipated that this approach will be maintained in the implementation of this legislation.
In light of the impacts identified, how will the proposal avoid, reduce or mitigate any negative impacts?
Some of the impact assessments identify potentially negative impacts on particular groups or areas. As noted in the assessments, mitigating measures have been agreed to avoid or reduce negative impacts. The impact assessments also identify that some of the Bill’s provisions could have positive impacts on particular groups or areas. No impacts have been identified which required introduction of this legislation to be reconsidered or delayed.
8.4 How will the impact of the proposal be monitored and evaluated as it progresses and when it concludes?
The Welsh Government will undertake a public consultation on changes to and consolidation of the National Assembly for Wales (Representation of the People) Order 2007 (the Conduct Order), which will provide the statutory basis for the 2026 election, and will incorporate changes arising from the Senedd Cymru (Members and Elections) Bill. It will also incorporate practical measures, such as the design of the ballot paper.
What plans are in place for post implementation review and evaluation?
The primary legislation provides for a mechanism for the Senedd to consider undertaking a review of the effectiveness of the provisions of the Bill following the 2026 election, providing an opportunity for objective assessment by the Senedd and involving external partners and stakeholders. Interventions and future government policy can be based on the findings.
Footnotes
[1] The LDBCW already has access to the relevant registers. The legal basis for this is the Representation of the People (England and Wales) Regulations 2001 – specifically regulation 101(2) and (3), which requires each registration officer in Wales to supply, free of charge and on publication, copies of registers to the Local Democracy and Boundary Commission for Wales.