Wales needs a larger Senedd, but a closed list system is not the best way to achieve it

The Senedd in Wales recently voted to support plans to increase its membership, following the report of a special committee, which endorsed proposals put forward by Labour and Plaid Cymru. Laura McAllister argues that the need to enlarge the Senedd is clear, but that proposed changes to the voting system are flawed and could undermine public support for reform.

That the Senedd marked its twenty-first ‘coming of age’ birthday by seeking to recast itself with a fundamentally altered institutional shape should surprise few familiar with devolved politics. Wales is often referred to as the land of commissions and inquiries. Each of these inquiries into the most ‘unsettled’ devolution settlement has recommended that the Senedd should increase from its current 60 Members (MSs) to a figure between 80 and 100. The story of these inquiries can be found on the Senedd website.

I chaired the Expert Panel on Assembly Electoral Reform in 2017, which was charged with looking at the size of the Senedd, its electoral system and extending the franchise to younger voters. Our Panel’s recommendations were that:

  • The number of members should be increased from 60 to at least 80, and preferably closer to 90. We concluded that this was needed because the Assembly (its name was changed to ‘Senedd Cymru/Welsh Parliament’ in 2020) had acquired a much greater role than the one it had in 1999, and also that its powers were expected to expand further. We concluded that the Senedd could not be expected to continue functioning optimally and delivering for the people of Wales if it remained at its current size.
  • That a new electoral system should be introduced to accommodate this increased size and to make the relationship between votes cast and seats won more proportional. Our favoured system was Single Transferable Vote (STV) accompanied by prescriptive, legislative gender quotas, though the Panel also regarded a Flexible List system of proportional representation (PR) as a viable alternative.
  • That the minimum voting age in Senedd elections should be reduced to 16 as a means of boosting democratic participation.  We regarded it as essential that the lowering of the voting age should be accompanied by high-quality education about politics in schools and other places of learning. This last recommendation was enacted through the Senedd and Elections (Wales) Act 2020 and came into force for the 2021 Senedd elections.

There was deemed insufficient political consensus to advance our first two recommendations around size and electoral system change in time for the 2021 election, despite a report from the Senedd Committee on Electoral Reform chaired by Labour MS Dawn Bowden, which almost exactly replicated our report’s recommendations. This committee did acknowledge that time had effectively run out and instead called for legislation early in the Sixth Senedd to increase its size to between 80 and 90 Members from the 2026 election, with all MSs elected by STV.

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Devolution and the Union: then and now

The COVID-19 pandemic has highlighted some of the flaws of the UK’s uneven devolution arrangements, and the mixed success of intergovernmental forums. Charlotte Kincaid summarises discussions from a Unit webinar in which four experts from across the UK tracked the country’s bumpy journey of devolution, and where it might go in the future. The webinar was the final instalment of the Unit’s series of celebrations to mark its 25th anniversary.

The details and arrangements of devolution have been played out in the public sphere while the UK has attempted to grapple with a pandemic. The public has seen devolution very much in action, with each part of the UK implementing its own lockdown measures and support packages, demonstrating the autonomy and limitations of devolved governments. With devolution in the forefront of the public mind, it was the opportune moment to discuss the journey so far, and where devolution is headed. The summaries below are presented in the order of the speaker’s contributions.

Scotland

Michael Keating, Professor of Politics at the University of Aberdeen and former Director of the Centre on Constitutional Change, described Scottish devolution as an ambivalent project, and noted that there have always been different understandings of what devolution means. For some, it is a modification of the unitary state of the UK, for others the UK is a union of self-governing nations which come together for common purposes, while another group view it as a project in the direction of federalisation. In recent years these foundational issues have grown in relevance due to a number of constitutional confrontations. 

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What does the election result mean for territorial representation in the House of Commons?

jack_sheldon.1We have a new parliament, a new majority government and a significant number of new MPs. As Jack Sheldon explains, the distribution of MPs by party is not even across the UK, which could have a significant impact on how the Commons handles key matters related to Brexit and the devolved administrations. 

The general election result has underlined that there are substantially different patterns of electoral competition in each of the four territories that comprise the United Kingdom. For the third consecutive election, a different party secured the most seats and votes in each of England, Scotland, Wales and Northern Ireland. Moreover, the large majority secured by Boris Johnson’s Conservatives relied overwhelmingly on an exceptionally strong performance in England – of the 365 seats won by the Conservatives, 345 are in England.

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The territorial divergence that the UK’s politics has experienced over recent decades has important implications not just for election outcomes, but for the substantive activity of representation performed by MPs in the House of Commons. MPs often seek to act as ‘territorial representatives’, focusing on the specific concerns of their nation or region. This has not so far received much attention from academics, a gap which my PhD project is seeking to fill by examining the parliamentary behaviour of MPs from Scotland, Wales, Northern Ireland and two English counties, Cornwall and Yorkshire, between 1992 and 2019. Early findings suggest that substantive territorial representation is particularly prevalent among members of nationalist parties and other parties that run candidates only in one territory, but that it is also a relatively common feature of the parliamentary contributions of many members of the UK-wide parties, at least in more recent parliaments. It can take various forms including representation of the material interests, public opinion and culture and/or identity of the territory in question, or of sub-state political institutions. With crucial questions pertaining to the future of the Union set to be up for discussion, how can we expect MPs from the different parts of the UK to go about representing their territories in the new parliament?

England 

Despite being drawn so overwhelmingly from English constituencies, there are few indications that the enlarged group of Conservative MPs will explicitly focus on England as a unit. While the Conservatives introduced English votes for English laws in 2015 and some prominent Conservative MPs have called for an English Parliament in the past, the ‘West Lothian question’ has slipped down the political agenda over the past few years as Brexit has emerged as the dominant issue for the right. That seems unlikely to change now, despite some interest from external commentators such as Nick Timothy, Theresa May’s former special adviser. Conservative interest in the constitutional English question was always motivatived to a significant extent by concern that a Labour-led government might be able to force through policies applying only to England even though a majority of English MPs were opposed, as happened on a few occasions in the New Labour years. With the Conservatives now having a large majority overall, the political incentive to focus on the English question just isn’t there at the moment. Continue reading