Y Pwyllgor Biliau Diwygio

Reform Bill Committee

18/04/2024

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Darren Millar
David Rees Cadeirydd y Pwyllgor
Committee Chair
Heledd Fychan
Sarah Murphy

Y rhai eraill a oedd yn bresennol

Others in Attendance

Dr Larissa Peixoto Vale Gomes Prifysgol Caeredin
University of Edinburgh
Geraint Day Dirprwy Brif Weithredwr, Plaid Cymru
Deputy Chief Executive, Plaid Cymru
Hannah Stevens Prif Weithredwr, Elect Her
Chief Executive, Elect Her
Jane Dodds Aelod o’r Senedd dros Ganolbarth a Gorllewin Cymru
Member of the Senedd for Mid and West Wales
Jemima Olchawski Prif Weithredwr, Cymdeithas Fawcett
Chief Executive, Fawcett Society
Joanna McIntyre Llafur Cymru
General Secretary, Welsh Labour
Professor Laura McAllister Cadeirydd y Panel Arbenigol ar Ddiwygio Etholiadol y Cynulliad
Chair of the Expert Panel on Assembly Electoral Reform
Professor Meryl Kenny Prifysgol Caeredin
University of Edinburgh
Professor Mona Lena Krook Prifysgol Rutgers
Rutgers University
Professor Rosie Campbell Aelod o'r Panel Arbenigol ar Ddiwygio Etholiadol y Cynulliad
Member of the Expert Panel on Assembly Electoral Reform
Professor Sarah Childs Aelod o'r Panel Arbenigol ar Ddiwygio Etholiadol y Cynulliad
Member of the Expert Panel on Assembly Electoral Reform
Tom James Cyfarwyddwr, Ceidwadwyr Cymreig
Director, Welsh Conservatives

Swyddogion y Senedd a oedd yn bresennol

Senedd Officials in Attendance

Catherine Roberts Dirprwy Glerc
Deputy Clerk
Claire Thomas Ymchwilydd
Researcher
Gareth Howells Cynghorydd Cyfreithiol
Legal Adviser
Georgina Owen Ail Glerc
Second Clerk
Helen Finlayson Clerc
Clerk
Josh Hayman Ymchwilydd
Researcher

Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Lle mae cyfranwyr wedi darparu cywiriadau i’w tystiolaeth, nodir y rheini yn y trawsgrifiad.

The proceedings are reported in the language in which they were spoken in the committee. In addition, a transcription of the simultaneous interpretation is included. Where contributors have supplied corrections to their evidence, these are noted in the transcript.

Cyfarfu’r pwyllgor yn y Senedd a thrwy gynhadledd fideo.

Dechreuodd y cyfarfod am 09:20.

The committee met in the Senedd and by video-conference.

The meeting began at 09:20.

1. Cyflwyniadau, ymddiheuriadau, dirprwyon a datgan buddiannau
1. Introductions, apologies, substitutions and declarations of interest

Good morning. Can I welcome Members and the public to this morning's meeting of the Reform Bill Committee, where we will consider further evidence in relation to the Senedd Cymru (Electoral Candidate Lists) Bill? Prior to that, let's go through some housekeeping. Can I remind Members that, if you have mobile phones or other electronic devices, please put them on silent so that they do not interfere with the broadcast or the session this morning? The session is bilingual; we operate a bilingual system in the Senedd, and therefore simultaneous translation is available from Welsh to English. For those who are virtual, you have the translation available via Zoom. There is no scheduled fire alarm for those of us in the Senedd this morning, so if one does take place, please follow the direction of the ushers to a safe location. I also want to highlight that, this morning, we will have a panel that political parties will be attending. And, as members of political parties, we therefore declare an interest that we will probably know and represent one of those parties, with the exception of the Liberal Democrats, who will not be in attendance this morning. So, are there any other declarations of interest you'd like to make? Heledd. 

Diolch, Gadeirydd. O ran panel pleidiau Senedd Cymru, mi ydw i'n briod efo Geraint Day. Felly, dim ond eisiau nodi hynny.

Thank you, Chair. In terms of the panel of Senedd political parties, I am married to Geraint Day. I just wanted to put that on the record.

Thank you. And finally, before we start, you'll remember that the meeting is being broadcast live on Senedd.tv. A transcript will also be available and published in the normal manner. 

2. Papurau i'w nodi
2. Papers to note

So, let's go into our business. Under item 2, there are papers to note. The first is the letter from the Finance Committee to the Commission regarding the Senedd Cymru (Electoral Candidate Lists) Bill. The second is a letter from the Minister for Social Justice and Chief Whip to the Reform Bill Committee regarding the Senedd Cymru (Electoral Candidate Lists) Bill, following our session with the Minister. And I think I need to put on record at the moment that the Minister in charge at that time remains the Minister in charge under the new administration. The third is a letter to the Llywydd from us regarding the Bill. Are Members content to note those three items? You are. Thank you very much.

3. Bil Senedd Cymru (Rhestrau Ymgeiswyr Etholiadol): Sesiwn dystiolaeth gyda'r Panel Arbenigol ar Ddiwygio Etholiadol y Cynulliad
3. Senedd Cymru (Electoral Candidate Lists) Bill: Evidence session with the Expert Panel on Assembly Electoral Reform

We will now go into item 3, our first evidence session this morning, and that is with members of the expert panel on Assembly electoral reform that took place. Can I welcome Professor Laura McAllister, who was chair of the panel; Professor Rosie Campbell, who was a member; and Professor Sarah Childs, who was a member of that panel? Thank you for attending this morning. We'll go straight into questions, if it's okay with you.

An easy one first, to start with, is: considering the work you did on reform, do you believe this Bill delivers the diversity in the Senedd that you had hoped would occur with reform? I'm going to go through the order in which I can see you on my screen, and the order in which I see you on my screen is: Laura, Sarah and Rosie. Okay?

Professor Laura McAllister 09:24:28

Bore da, bawb. Thank you very much for the opportunity to speak with you this morning. Yes, I think we'd like to focus on our thinking during the process of the expert panel report writing, which was quite a tight period. We worked for just one year on this project, and fundamentally we were asked to do three things, as you know. I don't want to waste time going through what those were because I think you know that we were asked to look at the size, the electoral system and also whether the franchise should be extended to include younger people. Clearly, your area of interest is the electoral system and particularly the recommendation that we made as an expert panel around using the electoral system changes to promote greater permanent and protected diversity within the representation of Assembly Members, as was then, and now Members of the Senedd.

What I will say, and I'm sure that Sarah and Rosie will agree with this, is that we felt that it was absolutely critical to, first of all, test electoral systems against the diversity principle. We had 10 principles, but diversity was a very important one that we integrated in all of our evaluations. And secondly, to ensure that there was a legislative protection for any interventions, such as quotas, to ensure that they were not voluntary in any way and not just permissive, but actually prescriptive and legislatively protected. And so, our recommendations, as set out in the report, worked within that framework.

Taking that on to the question, Cadeirydd, we feel that the intentions—well, I feel, certainly; I shouldn’t talk for my colleagues. I feel that the intentions of this Bill are honourable ones and that they chime—there is a definite synergy with the thinking that we had during our expert panel process. I mean, clearly, there are some differences and this piece of legislation goes in a slightly different direction to the one that we’d promoted. But nevertheless, I think in terms of purpose, goal objective, then, there is a very clear commitment to sustaining some of the already impressive levels of gender representation that we have, but making it more secure and more permanent.

09:25

Yes, thank you, and, again, I very much appreciate the opportunity to speak today. And I too think that it's really critical, as the Welsh Parliament considers increasing its size and changing its electoral system, that gender quota are integrated and I think that's absolutely fundamental, and in that sense this Bill would deliver, or should deliver, greater diversity, because it is both an integrated quota system, but also comes with penalties and governance associated with that, so, yes. Thank you.

Yes, I would like to echo what my colleagues have said, and I think that, as we recommended, the implementation of a gender quota is a really important step towards securing the incredible diversity, relative to other countries, that the Welsh Senedd has achieved, but there is some diversion from our original recommendation.

Ocê. Diolch yn fawr iawn a diolch am ddod y bore yma hefyd. Mae'n amlwg mai'r system rydyn ni'n mynd i'w chael fydd y system rhestr gaeedig. Felly, roeddwn i jest eisiau gofyn i chi i gyd beth yw eich barn ar sut mae'r cwotâu rhywedd am weithio yn y system fydd gennym ni, fel rhestr gaeedig. Oes gennych chi farn ar sut mae o am weithio? Diolch yn fawr iawn. A gwnaf wneud yr un fath â'r Cadeirydd: Laura yn gyntaf, diolch.

Okay. Thank you very much and thank you for joining us this morning too. It is evident that the system that will be introduced is the closed list system. So, I just wanted to ask you all what your opinion is on how the gender quotas will work within the system that we will have, the closed list system. Do you have a view on how it would work? Thank you very much. And I will do the same as the Chair: Laura first, please.

Professor Laura McAllister 09:28:33

Diolch yn fawr iawn, Jane. Well, I think you know my position on the closed lists choice, because I've already come along to your committee previously and have outlined my reservations around that system, particularly in terms of the reduction in the relationship between voter and politician—elected politician—but also because of the jeopardy of giving too much power to the political parties in terms of how they structure their candidate choices.

That does have implications, of course, for this debate around quotas. But if you strip away some of the more judgmental analysis of closed lists, I think it's fair to say that a gender quota can work just as well in a closed list system as in an open list system. So, if we're discussing the mechanics of the operation of quotas, then there's nothing in the closed list system that prohibits the kind of goals that we referred to in our expert panel report. So, notwithstanding the points that you already have on record from me about my misgivings around a closed list, in this specific instant around quotas, there's no reason to suggest that the proposed system can't work as well as it could within an open list. 

But one small point as well before colleagues give their interpretation: when we were looking at the choice of electoral systems, we ruled out closed lists very early on when set against the 10 principles, of which diversity is one. I think it's fair to say that the closed list system would have been acceptable on a diversity principle, but failed the tests of lots of the other principles that we assessed the project on—so, voter choice, accountability, simplicity and so on. So, I'm trying to kind of separate out a judgment on closed list versus the practicality of operating quotas within closed lists.

09:30

Wedyn Sarah. Oes gennych chi farn wahanol neu—?

Sarah next, please. Do you have a different view?

Well, no, I don't. I think closed systems, once that decision's been made, can be very effective in the delivery of more diverse outcomes. Of course, it still relies on political parties and their compliance. It also is subject to voters as well, but I think it gives a very good means by which we can see, with a quota, a greater diversity in the Welsh Parliament.

Rosie, oes gennych chi farn wahanol?

And Rosie, do you have a different view?

I have the same view, and I also echo the risks, and I think there can be a little interaction potentially with the risk, in that if those are choices being seen to be taken away, those who are resistant to gender quotas might—[Inaudible.]

It looks like we've frozen. We might want to come back to Rosie if the technology eases up and unfreezes her.

Professor Laura McAllister 09:32:02

Chair, could I jump in there? I hate to suggest that I know what Rosie was going to say, but I think Sarah and I do know, which is that the point is that if there's opposition to the electoral system in itself—for example, in this case, closed lists—then despite two separate Bills making their passage through the Senedd at the moment, those who oppose closed lists might well use the gender quotas as another stick to beat the reform agenda with, and I think that has been the case in other systems where there have been changes to electoral systems at the same time as introducing quotas. So, I think that's what Rosie was going to say. Sarah, do you agree? Because we've talked about this before, haven't we?

Thank you for that. As you're aware, and as you have said, there are two Bills in this case, so the closed lists is one Bill and the gender quotas is a separate Bill, so, in one sense, while they might object to one, it might not have an influence on the other. Okay, thank you. Sarah Murphy.

Thank you very much, Chair, and thank you all for being here this morning. I'm going to ask some more questions now specifically about the Bill's provisions.

So, just to start, following on from what you've already said, really: can you outline whether you believe the provisions in the Bill are likely to achieve the Welsh Government's stated aim of electing a gender-balanced Senedd?

Professor Laura McAllister 09:33:27

Shall I go first again, Sarah?

Professor Laura McAllister 09:33:31

Yes, I think the most important part of the provisions that will, not guarantee, because I don't think you can ever guarantee, but will facilitate the balance of the sexes in the Senedd will be the fact that the Bill proposes horizontal and vertical interventions. We know from all of the research that imposing just one of those without the other produces greater risk or likelihood of the objectives of gender balance not being met. So, I think, from our point of view as an expert panel, we think the mechanics of ensuring, first of all, that the quotas are prescriptive and legislatively protected; secondly, that there are sanctions and penalties attached to them—and I'm sure we'll come onto that later, but that's important; and No. 3, that they are both horizontal and vertical. If those three things come together, then the chances of success in terms of the objectives are greater, Sarah, yes?

Absolutely. I think I would just add to that that it's also worth thinking that whilst quotas are what we would call in the literature that we work in a 'demand-side intervention', they can and have been shown to increase the supply. So, given what we know about the number of men and women candidates at the last elections, what this quota will also do, given the evidence that we have in other places, not least in Ireland, is that we're likely to see an increase in the supply of women coming forward. So, a quota is not just about moving and enabling women who are already in the supply pool to participate, but actually to expand, diversify and transform that supply pool. So, I think the attributes of this system that Laura has outlined also have this potential to really be a moment when new people think that the Parliament is a place for them, and I think that should also be part of the consideration of whether this system, this mechanism, will deliver.

09:35
Professor Laura McAllister 09:35:39

Could I add, Chair, one other point to that? I think it's really important to look at the contemporary environment for candidates as well, which is different to when we were working on our report in 2017. I think we all acknowledge that it's going to be much more difficult to recruit candidates for elections in the future, other than those who are already within the system, if you like. We know that the system at the moment is predicated on having more men throughout the pipeline. Even at the last Senedd election, I think there was a 70:30 balance in terms of female and male candidates in favour of male candidates. So, the actual election is a positive increase from the candidate representation balance. But I think, given what we know about the number of women who are standing down from the Westminster Parliament in the forthcoming general election at a UK level, we can anticipate that it's going to be more difficult to recruit female candidates. So, the winnability incentive of quotas is a really important mechanism to increase the candidate base as well.

Can I ask question on that, then? Sorry, Sarah, for coming in.

You've talked about the supply, Sarah, in particular. Does the time factor we have before the 2026 elections give enough time to parties to actually enhance that supply factor in time for the election? Because parties, obviously, will be required to deliver on this quota, and, as you just highlighted, there's a question of encouraging a wider supply. Do we have enough time for parties to actually deliver in 2026, to enhance and expand the supply?

Well, I think there are two things there. I think what we have seen in the Westminster Parliament is that, where parties are very clear about demanding, as in making statements that they want to change the kind of people that put themselves forward, actually, there are women around, active in the parties, but they may not have previously been considered as potential candidates. So, I think it's about an active process of recruitment rather than passively waiting for women to put themselves forward. I think often there are women in parties who are ready and have the skills, but haven't previously been identified. So, I think parties need to put effort and resources behind that, absolutely, but I'd find it strange if we didn't have enough women to create a much more balanced Parliament, whether that's in Wales, Westminster, Scotland or Northern Ireland. 

Professor Laura McAllister 09:38:27

I think, as well, Chair, there's been a historic knowledge that selectorates within parties have tended to bias male candidates, and for some women within parties that's been offputting in terms of putting themselves forward in the first instance. So, if we make the connection between this Bill and the provisions of this Bill around ensuring the 50 per cent of the candidates and the hierarchy and so on, then you would imagine that would be an incentive to women who are maybe considering being an election candidate, but feel that there would be difficulties with them actually proceeding through the process. So, I think that might be an uplift to the numbers as well who actually put themselves forward in the first instance. That's a bit speculative, I accept that, but it seems to be leading that way, certainly.

Yes, I just wanted to follow up on those two points. Obviously, we do have evidence that the harassment, intimidation and abuse of candidates is rising and that certain kinds are higher that women are more likely to receive, particularly women of colour. So, we know that. There's evidence supporting that context that Laura's describing. There's also research showing that with equally qualified candidates, men and women, if women are asked, actively asked, they're more likely—. That asking has a more profound effect on women than men. So, it's exactly as Sarah said: it's not that women aren't there, it's that there needs to be a conversation had with them to say, 'You are a really strong candidate for this role.'

09:40

Thank you very much. We've already touched on this a bit, but obviously the expert panel concluded that if the Senedd adopted a proportional list system, then it should ensure that 50 per cent of candidates in each constituency are female and 50 per cent male, with lists zipped, so alternating men and women. But you also had a look at the different types of gender quotas that are used in other countries. So, could you provide us with any examples of where this has been implemented and the outcomes from that?

I think it makes more sense to think about what is the nature of the electoral system and what is the best quota design for the electoral system, because I think you have to make sure that a quota system is well designed. So, of course, you can have reserved seats—that's not a common version of a quota for Europe. You can have, as we've had in the UK, all-women shortlists; you can twin constituencies—[Inaudible.]—obviously, we've had. So, there are different systems, but it's about ensuring that it matches the actual electoral system and comes with incentives and, particularly, penalties. So, I think, for me, that's more important than choosing off the shelf which kind of quota; they can work in different ways and have different effects. Some of the concerns around reserved seats, for example, are that you are not having a similar mode of election for those members of a parliament, and therefore you're creating different categories, and so that's not something that is usually advocated for in our context.

Professor Laura McAllister 09:41:47

And I think it's fair to say that the candidate quota approach works well with PR systems particularly, and when we analysed this as part of our expert panel, obviously, we were looking at the existing system—the mixed Member proportional additional member system—which was our least favourite option, but we said it could be made to work. And then we worked through a spectrum of options, including the open lists PR system, which, of course, is similar to the one that the other Bill is considering, except that it's a closed list. And then, obviously, our favoured electoral system was single transferrable vote, which we felt worked best with the kinds of quotas that we were proposing. But we set forward the three options because, obviously, the decision had to be made about the electoral system first before there was a decision made about quotas.

Thank you very much. Can you outline any alternative methods of improving the representation of women that we should consider as well as or instead of the Bill's provisions? You've touched on a few already about, maybe, that culture change as well.

I would just like to add that, globally, the international literature shows a strong association between having proportional representation and zipping and higher representation of women. There are different patterns in the data, but that's the overall finding. And so, yes, there are other things we can do in the absence of quotas, but they're not going to be as effective in the time period.

Professor Laura McAllister 09:43:23

And I would add to that—sorry, Sarah, I don't know if you were coming in—that I don't think any of this has to be an either/or. I think there are lots of interventions that could be happening around encouraging women to stand and invest in time and energy in encouraging women that this a route for them. Because we know the statistics about professional choice, where women wait until they're 100 per cent sure of being able to do a role—we all know that; let's not go there—so we do need to nurture women in a slightly different way for political office. But also that doesn't rule out some of the other things that are already going on, but perhaps could perhaps be given an uplift in terms of mentoring and connectivity between elected women and women who are standing as candidates, ensuring that the structures of the Senedd—that's an issue for the Senedd Commission, I know, and for the remuneration board, but— ensuring that the apparatus of being a Member of the Senedd is appropriate for both sexes, not just for one. I think that's really fundamental, that those things continue alongside any quota intervention too.

Could I just add to that? I think both of my colleagues are right. I think the consideration should be a quota-plus strategy. One needs the quotas and then the plus, the other aspects, which, of course, are around supply. But I think it is also about parliaments, and the global movement to gender-sensitive parliament audits I think is really fundamental to this as well. But it's part of that quota-plus strategy. The concern for us today is about quotas. The global evidence is really clear on this, and therefore I think it really isn't a zero-sum game; it's quotas and other measures to ensure that women are both recruited but also retained once they're there. Rosie and Laura have already talked about the conditions under which that recruitment is happening, but also concerns around retention. So, this is one part of the puzzle. There's no single bullet for increasing diversity in Parliaments, but it's definitely a quota-plus strategy, not something or quotas.

09:45

That's very helpful. Thank you very much. My last question under my section is: can you outline the extent to which the panel considered whether the legislative gender quotas would be within legislative competence of the Senedd?

Professor Laura McAllister 09:45:55

Shall I start with that? That's a really good question, because obviously we're very aware that this is a contested area in terms of the Bill and the conflicting legal advice that's come from the Llywydd on the one hand and her office and then from Welsh Government on the other. I think we have to be really honest and say that we were working in a very different political and legislative context in 2017. We were right on the cusp of the Wales Act 2017 coming into force, which of course gave competence over the electoral system to the Senedd, and that's what permitted our work to proceed in the way that it did. But we appreciate too that there are different interpretations as to the purpose of this Bill, and I've read some of the evidence that's been submitted to you now. Not one of us is a lawyer, so we won't go down that route, because that would be inappropriate, but I think we made the point quite clearly in our report that it would be anomalous if matters of electoral arrangements weren't within the gift of the Senedd under the competence set out in the 2017 Act, because, clearly, quotas are a fundamental part of an electoral system. And if the purpose of this Bill, as the sponsoring Minister has indicated, is to improve the effectiveness of the Senedd through enhancing diversity and then utilising the electoral system as the mechanism for that, then one would hope that this would fit within competence. But I think it would be wrong of any one of us, as three expert panel members who are political scientists, to comment too much about the legality point.

It's really helpful, though, to receive your views, so thank you.

Darren, do you want to come in with a short, quick question?

Yes, can I just go back to the quota system that's proposed? I heard what you all said in terms of the desirability of the zipping and of the horizontal zipping, as it were—vertical and horizontal. This Bill of course does not just allow for zipping, it actually allows for all-women candidate lists, or for lists where women can follow one another, or people who self-identify as women can follow one another on a list before there's someone who identifies themselves as not being a woman. Obviously, that could potentially lead to a situation where the gender balance in the Senedd might tip significantly in the opposite direction. I think we'd all agree that that might be unlikely, but theoretically of course it is possible, particularly as more women come forward as candidates. What consideration have you given to that and the potential adverse impact on the gender balance in the Senedd, given that you can have more women following at the top of a list than, potentially, men? It's not going to be necessarily 50:50.

Professor Laura McAllister 09:49:31

Well, my colleagues are much more expert than me on this, so I'm sure they'll have more to say, but can I just make the point that that does relate to the closed list system as well, where most of the power for candidate selection rests with the political parties? Now, what that means, I think, in terms of the point that Darren is making, is that parties, if they're sensible, make strategic choices about the overall profile of their candidates for that legislature. I think it would be, as you rightly suggested, Darren, odd if parties chose to have completely unbalanced lists, because that might punish them in terms of voter acceptance. But that's not to say that we shouldn't have the conversation over whether that is an appropriate mechanism, or whether there should be some constraints put on the issue. But I think Rosie and Sarah will probably have a bit more to say on that than I will.

09:50

I concur. I think, as you said yourself, it's unlikely, but, of course, it's something that we would absolutely want to avoid. It's not something that we've witnessed happening elsewhere in the world, but if there were scope to ensure that that wouldn't happen, I think that would be an improvement. As you've all said, I think it's very unlikely that that's going to happen in the medium term, but, absolutely, the point of this is about creating an equal and level playing field, not creating a disadvantage for any men, as opposed to women.

So, just on the basis of that, you would rather see a requirement that was for absolute zipping. That was what you recommended in the report, of course—your own report. 

As Laura mentioned, the environment, the context, the issues that are most salient publicly have changed, and discussions of the differences between gender and sex have become more politically salient. I think that the solution that's proposed practically is one that is inclusive, and I think it's very unlikely that the outcome would be one that you describe where we end up with men under-represented—that would be a very unwelcome outcome. But I think, when we're thinking about practicalities, there are reasons that this has being designed the way it has, compared to our original recommendations. Is that fair, Sarah and Laura?

Yes, I would agree with that. I think it's most unlikely. I don't think parties would act in that way. And, of course, it could be that a party might choose to try to significantly rebalance at this election, because of a historical under-representation. So, I don't think a one-off election would be a test of whether this is necessarily operating to skew in the way you suggest, because there does need to be a redress, because the skewing has been to men historically, and particularly there will be party asymmetry. But I think the likelihood of it becoming a permanent feature would be problematic, for sure. We're looking for diversity and parity, and the language of parity is the language that is increasingly being used globally, whether that's with United Nations Women or other international scenarios. It's about women's full, equal, effective participation, and that's really what the quota should be delivering.

And if we're looking for parity, isn't it better to have a requirement for actual zipping, rather than this alternative requirement, which isn't complete zipping, is it, which could lead to that imbalance? Isn't it better to just say safeguard it and say, 'Right, you've got to have woman, man, woman, man, woman, man, or man, woman, man, woman, man, woman—do the vertical zipping and the horizontal zipping in that way, in order to avoid to sort of disparity that could potentially emerge in the future?' 

Professor Laura McAllister 09:53:38

I think the problem with that, Darren, is that a lot of it will depend of electoral arithmetic as well, because, clearly, despite how the lists are constructed, the way in which voters decide to cast their vote for a party list will influence the overall proportion of men and women in the Senedd, especially in a Senedd of 96, where the proportionality will be increased. And there's also another issue, which is to do with how strategic a party might decide to use a one-off election, as I think Sarah said a moment ago, in order to redress a historical imbalance. And that could be either way, of course, of more women or of more men. And then, thirdly—sorry, before I forget—the smaller parties, of course—and we've seen this in Scotland, I think, haven't we, with the Greens—have less latitude in terms of how their party list might influence the number of MSPs in this case who get elected. So, I think we need to think about those three factors. But I fully agree with Rosie and Sarah—ideally, this has to be about parity and diversity. What we don't want to do is replace one imbalance of sex with another imbalance of sex, because I don't think the electorate would think kindly of us for creating that environment.

So, you could have slightly different arrangements for the first election under the system versus the second, for example if there was a historical imbalance that needed to be addressed by the larger political parties in the first one, couldn't you? That might be a way around it.

09:55
Professor Laura McAllister 09:55:12

Yes. You make a good point, Darren, because, for me, any change in an electoral system per se—and that's the other Bill, I appreciate that—in relation to this Bill, too, any change of that magnitude should be subject to a really robust review after the first election, because there are always unintended consequences to electoral reviews, we all know that, and I think the nature of analysis should be really comprehensive and adopted from the position of different stakeholders. So, from the point of view of the political parties, critically, the point of view of the elected politicians and candidates, but also from the public and voters' points of view, because there may be elements of this system that are only flushed out through its operation and the outcome of the operation.

And just one final question, if I may, Chair. It is in relation to the provisions in the Bill. You asked a question earlier on about open and flexible lists, and I already know your views on that. But can I just ask, if there were to be no gender zipping requirements and people could vote for a candidate of their choice in a flexible or open list system, is there any indication that women candidates would be disadvantaged by that? So, if there were no zipping but there were equal numbers of women and men candidates on those lists, what's the international evidence on whether people prefer to vote for a man or a woman—the general public?

I can give an initial answer to this. The international evidence is that people tend to vote for the first person on the list.

But there has been some evidence from Finland, where there's been an element of choice, where women have been slightly more likely to vote for women and men slightly more likely to vote for men, but that was very much secondary. The first thing is party. And thankfully, the electorate has really changed over the last 50, 60 years. Women candidates are not punished by voters, but neither are they particularly sought out by voters, so that's why the position on the list really matters. 

I see. So, it's more about position on the list. So, we all need to change our names to something beginning with 'A'. 

Taxi companies know what they're doing.

Diolch yn fawr iawn. Dwi'n mynd i gynnwys dau bwynt yn y cwestiwn cyntaf, os yw hynny'n iawn. Rydych chi wedi sôn am sancsiynau a chymhellion yn gynt, ac mae'r rheini'n bwysig, onid ydynt? Rydych chi wedi dweud hynny. Gaf i jest ofyn i chi, yn gyffredinol, beth ydy'ch barn chi am y darpariaethau yn y Bil ac os ydyn nhw am fod yn effeithiol? Hefyd, yn ail, oes gennych chi farn ar beth mae hynny am olygu i'r pleidiau, hefyd? Ydych chi'n eu gweld nhw'n bod yn effeithiol efo'r pleidiau? Diolch yn fawr iawn. Fe wnaf i gymryd Rosie yn gyntaf, os gwelwch yn dda.

Thank you very much. I'd like to include two points in the first question, if that's okay. You mentioned sanctions and incentives earlier. Those are important, aren't they? You said that. But could I just ask you, in general terms, what are your views on the provisions in the Bill and whether they're going to be effective? Secondly, do you have an opinion on what that would mean for the political parties? Do you think they will be effective with the parties? Thank you. I will go to Rosie first, if that's okay.

I'm so sorry—because I got kicked out and came in again, I've received that in Welsh. I'm really sorry. 

Don't worry. I'll quickly, because I think we're pressed for time. I had two points there, looking at sanctions and incentives, and what your views are on whether they're going to be effective in achieving the aims of the Bill, and also whether you feel they're going to be effective, how they're going to be applied to the political parties, whether that will work. But don't worry—I'll perhaps take Laura first, and that gives you a chance to think about it. Diolch yn fawr iawn. Laura.

Professor Laura McAllister 09:59:01

Diolch yn fawr iawn, Jane. Yes, this is a really important element of the Bill, and relates to some of the thinking that we had back in our expert panel report, because I think you have to have codified sanctions, clearly, to ensure compliance, but you would hope that there would also be incentives in the process leading up to the introduction of the change as well, so that parties embrace the change that's ahead of them. But in terms of compliance, in our system it's quite right that the compliance comes in the form of rejecting party lists should they not be compliant with the vertical and wider horizontal zipping, because, in other systems, most of the compliance constraints can be based on financial penalties and so on for the parties. But, because we don't have the same system, for example, of centralised funding that, say, the Republic of Ireland has, it would be problematic, I think, for us to go down a financial penalties route.

My only concern over this is it's putting another additional onus of quite a substantial size on constituency returning officers, and I don't know if you've received evidence from them, and, if you haven't, I'm sure you will do. But it's obviously very important that they feel that their returning officer role is not compromised by having such an additional load placed on them.

And the only other point I would make about that, really, is in terms of the evidence that I know you've received from the Equality and Human Rights Commission with regard to self-ID and terminology, because, again, I think that is putting constituency returning officers in a potentially invidious position. And I think that's the last thing we should do, because their role is as a guardian of the process of approving candidate lists, in this case, and I think we need to treat that with great respect and great care.

10:00

Diolch. Thank you. I will ask a question specifically about that, but thank you. Diolch. Sarah, do you want to go next? 

Yes. I think what I like about the provision is that there is the possibility of a candidate list being revised and then treated as in compliance, and I think that is an important stage, particularly as the quota becomes embedded and people are learning about the quota and what the effects are. So, I thought that was an important point to stress, really.  

I think you'd have a good system, potentially, compared to, for example, financial sanctions, which we know, when the parity legislation was first brought into place in France, parties, some of them, just absorbed the financial sanction, whereas with this, you know, your list will not be approved.

Thank you, and I will ask the question—I'll do it in English. Just touching on what Laura said at the end of her contribution there about the Bill requirement for them to state whether they're a woman or not a woman. Could you just outline your views on what would be required in the Bill, what you think is in the Bill currently around that situation, about whether a candidate states that they're a woman or not a woman? Laura, you touched on that, but I don't know if you want to add anything.

Professor Laura McAllister 10:02:39

Just very briefly, because I'm sure Rosie and Sarah will have their views. For me, this is about ensuring that the Bill is within competence because we can spend a lot of time, as you are as a committee, forensically analysing the detail of the Bill and then find that, obviously, there's a legal challenge to its competence. For me, I think we do have to be very careful and listen very carefully to the advice that's been received by the Equality and Human Rights Commission with regard to terminology in this case, because, as we know, sex is the relevant protected characteristic here. 

Sarah, Rosie and I were talking about this. The problem we have, of course, is that gender has become the language that we've used when we've talked about quotas in the past, and it's used extensively in our expert panel report, but the debate on gender and sex has moved on considerably in the past seven years—nobody needs to be told that. All I would say is we do need to be very, very careful that we give this Bill every chance of being within competence by using the terminology that is fundamentally legally acceptable to organisations that police the Equality Act. I think that's absolutely fundamental. 

Diolch. I don't know, Sarah and Rosie, if you've got anything to add on that. No. Right. Diolch yn fawr iawn, Cadeirydd.  

Okay, thank you. Before we move on, just because Rosie had a problem technically, can we just recheck the translation for Rosie? Did you hear that, Rosie?

I'm hearing English. 

Yes, that's okay. You heard it. We move on to a question from Darren. 

Thank you. Obviously, gender quotas are one way to address the imbalance in terms of the gender in a Parliament, but what other barriers and action might be taken in order to address the gender imbalance? And particularly, what support could be offered to political parties, do you think, in order to help them overcome the obstacles and challenges of trying to encourage greater diversity amongst candidates, particularly in terms of trying to get women to come forward?

10:05

I think one of the issues is unfortunately the deteriorating environment online and then how that spills into the offline world. I think we all need to think—political parties and more broadly—about how we support candidates, their safety, and their sense of safety. I think that's really important. I don't have the answers, because it's—[Inaudible.]

Well, I think she said she didn't have the answers. Perhaps if anybody else has some, I'll be happy to listen. 

There's increasing work being done on violence against women in politics—gender and political violence—and I think there are some strategies out there. There's some work that I'm very happy to send forward from colleagues, not least Sofia Collignon at Queen Mary, who's very expert in this area in terms of what parliamentarians and prospective candidates can do, but also what institutions can do to address that.

I think I have to restate that it's a quota-plus strategy—just to really impress upon you that I don't think it's an either/or. But I would also really look to political parties perhaps themselves that are undergoing a sort of reflective, gender-sensitive audit. I think parliaments should be doing that, and that's obviously happened at Westminster and in Holyrood, and it's happening increasingly around the world. There are lots of organisations, whether that's the Inter-Parliamentary Union, the Commonwealth Parliamentary Association. So, we're not lacking for what needs to be done or how to do this, but I think political will is necessary at the top of political parties. I think that's true of institutions—they also need to show leadership in this respect. And of course, I know that there's work being done in the Welsh Parliament on this.

It is a package of interventions for parties and institutions, but the electoral system and the way political parties interact with the electoral system clearly has a significant gatekeeping role, and that really needs to be addressed. I think parties have not yet really looked in on themselves sufficiently and transformed themselves into places that women feel are comfortable and open to women and other members of historically under-represented groups. There is a lot of work to be done, but this moment, as Wales is thinking about how to transform its Parliament, is the moment to really take seriously structural change to really affect under-representation. It will be transformative in respect of the sustainable development goals. This should not be a wasted opportunity, in my opinion.

In terms of trying to recruit, I know my own party, for example, works very hard to try and encourage women candidates to take an interest in politics, to come forward, and to apply to be candidates in different seats, but we've only had limited success. I think my own view would be that it's difficult to reach the women that we want to reach sometimes. We make a great deal of effort, not just on women, but other aspects of diversity too, and we've had some success with some things, and limited success with others. But that can be quite resource intensive as well for political parties. Do you think, outside of the Bill arrangements—? There are no provisions for any funding to be made available in the explanatory memorandum to support political parties with this work. Is that something that you would like to see made available, in order to make it easier for political parties to do that outreach work, which can be quite intensive, but obviously could make a huge difference in terms of the number of women coming forward?

Professor Laura McAllister 10:09:04

Shall I have a go at that, Cadeirydd? The first thing to say, I think, is that parties are merely representative of wider society. I don't think we can expect parties to solve really deep structural issues here, and I think we should talk about the deep structural issues. We've got limited time here, but we know that economic factors stop women coming forward for elected office. Even just having enough money to fight an election campaign personally is an issue, never mind talking about caring responsibilities and the rest of it—the fact that women earn less, all of those issues.

I think it's important to air those, though, because when we talk about quotas, we often get criticised for presenting it as if it's the same type of women who will come through as men who are already there, and that's not the intent. We know that there is a lot of intersectionality that needs to be reflected through a quota approach on a sex basis, to ensure that it's not just middle-class women who are university educated, who are middle aged, who are white and so on, that we use it as a platform for ensuring that other women come through that system and, therefore, the diversity dividend is bigger. I think that's really very important.

I'm not sure about the funding point, Darren. I'd need to think more about that, because I'm not sure it's the Senedd's responsibility to try and address some of these huge structural issues with a small pot of money, and I'm not sure what the outcome would be. That's purely my opinion without any research at all on that, by the way.

And then, finally, can I just refer back to something that was also in our report, and we have a manifestation of it in Sarah and Rosie, which is job share? Sarah and Rosie job-shared the position on the expert panel and did it in exactly the same way as all good job shares are, which is they behaved as one, they were treated as one, they cost no more than one, all of the absolute basic principles of job share, and it worked extremely well. Going back to the quotas plus point, I think we really need to reinvigorate the debate about job share in the context of the previous Bill and this one. I know it's loosely connected to both of them but not explicitly relevant to either, in a sense, but it mustn't fall between them, because it's a real opportunity for us to change the type of candidates—by the way, male candidates as well as female candidates—who could be elected to the Senedd.

10:10

I appreciate that. I think the Welsh Government does have some funding that it made available to support disabled candidates, so the Welsh Government is already active in this area of trying to promote diversity by resourcing; I think that was more resourcing individual candidates rather than political parties. But it's interesting to hear your views and, obviously, if there is further evidence out there, I'd love to hear it.

I want to move on now, because we are short of time, to Heledd.

Diolch yn fawr iawn a bore da ichi. Rydyn ni wedi canolbwyntio, yn amlwg, o ran y Bil hwn, o ran y cynrychiolaeth gytbwys ar sail rhywedd, ond yn y sgwrs jest rŵan, mi oedden ni'n symud ymlaen at un o'r pethau roeddech chi'n sôn amdano fel panel arbenigol hefyd, o ran ceisio sicrhau bod yr ymgeiswyr sy'n sefyll ledled Cymru yn gynrychioladol o'r cymunedau amrywiol maent yn eu gwasanaethu o ran yr holl nodweddion gwarchodedig, yn ogystal â bod yn gytbwys rhwng y rhywiau. Er bod hyn ddim yn y Bil penodol hwn, beth fyddwn i yn ei werthfawrogi yw os byddech chi'n gallu amlinellu unrhyw ystyriaeth gwnaethoch chi fel panel ei rhoi i ddulliau eraill o wella amrywiaeth yn y Senedd. Felly, yn union fel rydych chi'n sôn rŵan am beidio â sicrhau mai dim ond un math o fenywod fyddai'n cael eu hethol o gefndir pendant, sut byddwn ni, felly, yn edrych ar yr holl nodweddion gwarchodedig, ac i ba raddau mae angen dulliau o'r fath er mwyn cyflawni amcanion y Bil hwn? Dwi ddim yn siŵr pwy fyddai'n hoffi mynd yn gyntaf. Rydyn ni wedi colli Rosie hefyd.

Thank you very much and good morning to you. We have focused, clearly, in terms of this Bill, on equal representation on the basis of gender, but in the conversation now, we were moving on to one of the things you covered as an expert panel in terms of seeking to ensure that candidates that stand across Wales are representative of the varied communities that they represent in terms of all of the protected characteristics, as well as being gender balanced. Although this isn't contained within this particular Bill, I would appreciate it if you could outline any consideration that you as a panel gave to other ways of improving diversity in the Senedd. So, just as you mentioned there, in ensuring that it's not just one kind of woman that's selected from a particular background, how would we then look at all of the protected characteristics, and to what extent do we need such methods to deliver the objectives of this Bill? I'm not sure who'd like to go first. I think we've lost Rosie now.

Professor Laura McAllister 10:13:20

Diolch yn fawr iawn, Heledd. I'm happy to go first. I've probably said as much as I can say on this, but I do think it's really fundamental that we don't just replicate the selection processes that we already have for men and women without using quotas, but that we try and implement the quotas with an objective that is much more diverse driven than just sex based. Because if we look across the protected characteristics, it goes back to my point about really being mindful of the protected characteristics and utilising them to our advantage, because I think that is the absolute way to be fair and inclusive on this agenda, and see where we can incentivise women, from all of those protected characteristic groups, to come forward and be nurtured and mentored in the way that we've talked about. And prioritised, let's be frank; this requires prioritisation. Because with a limited pool of candidates, even in a 96-seat Senedd, there's going to be choices to be made about candidates, and I'm afraid that means there are winners and losers in that equation. But we do need to make sure that the women who come forward, and that we bring forward, are not just white women of the types that we've talked about already. There has to be more variety or we lose legitimacy and we lose credibility in the importance of the diversity element of this intervention.

If I can just add to that, you said in your previous answer in terms of cost often being seen as a barrier. You mentioned your personal view in terms of should political parties receive more funding to support this. Should we be looking, therefore, at expanding the programmes, such as the one in terms of disabled candidates, to remove the costs from being a barrier if we want diversity in terms of socioeconomic background, so that there are no barriers there?

10:15
Professor Laura McAllister 10:15:23

It's a really good point, and instinctively I'm drawn to that, because I think socioeconomic disadvantage is probably the biggest disadvantage, and of course that then has ramifications in certain communities. In black and minority ethnic communities, there would be more socioeconomic disadvantage, largely, so it all ties in together. My only doubt about the financial one is how do you manage the funds and where do you place them. Is this, for example, almost like an individual personal support for a candidate once she becomes accepted onto a list to allow her to take time off work or for childcare or the like, or is it done at a previous stage of deliberation where the parties are merely casting their net more broadly to try and bring in women from socioeconomically different backgrounds? I think that's an interesting piece of research, by the way, to do, but I'm not sure anybody's done it, unless Sarah tells me otherwise, about how that would work in practice. Maybe that's something to commission, because it would be a really good and interesting project for us as academics, but I don't think anybody's actually done it yet.

No, I don't think that has happened. I think you can look globally and see the other kinds of incentives that can be deployed to support a particular kind of candidate, whether that's, for example, the provision of bicycles to women in East Timor or providing parties that are fulfilling a quota for particular candidates with an additional political broadcast. So, there are ways of using party regulation to incentivise political parties, but that's opening up a different kind of terrain, so I don't want to spend too much time on that.

But the point I think I would make about list systems is that because a political party is putting forward—let's think about the major political parties—a slate of candidates, it's very obvious from that slate whether they are picking very uniform candidates. So, it will be obvious, whereas one of the things I think that can happen under our first-past-the-post system is that nobody really realises at the aggregate level whether there's a homogeneity of candidates—they all look the same, they all come from the same background—until the day after the election, and you say, 'All these women are like this, and all the men are like this', or, 'There's not very many men', 'There's not very many women.' Where a party's putting forward a slate of up to eight candidates, you will be able to tell as a voter who the party has selected, and the party itself will therefore have an incentive to pick a more diverse set of candidates. That is an observation associated with proportional representation systems. Where you're putting forward a slate of candidates, there is already an incentive to be more diverse, and if you then add in a quota, then your likelihood—as Laura's said all along, there's no guarantee—is that you'll increase the chances of having a more diverse slate.

Thank you. That's really helpful. In the same way, you're not aware if there are X amount of women candidates on first-past-the-post but not necessarily in seats that are winnable for that party. Rosie, do you have any additional comments?

I would just like to echo Laura's points about job share. One of the things we really care about is seeing diversity across a range of characteristics, and for people who have got caring needs, who have got disabilities, sometimes job share can be a way to access roles that they couldn't do full time, men and women, and that would be a fantastic initiative.

Could I just say one final point about that? I think it's really interesting that places beyond Wales are really keen to see what you are doing on job sharing—the fact that you've taken it seriously and it's part of your considerations. I think that's really impressive for what's going on in Wales at the moment, and people are keen to see that taken seriously from outside.

Diolch. Os caf i ofyn cwestiwn olaf, fedrwch chi amlinellu'ch barn chi ynglŷn â'r pwysigrwydd, efallai, o gasglu a chyhoeddi data ar amrywiaeth ymgeiswyr, ac os ydych chi'n meddwl y byddai hyn yn helpu ni i gynyddu amrywiaeth? Pwy fyddai'n hoffi mynd gyntaf?

Thank you. If I could ask a final question, can you outline your views on the importance of the collection and publication of candidate diversity data, and if you think that this could help us to increase diversity? Who would like to go first?

I'm very happy to jump in on this one, because section 106 of the Equality Act 2010 is one of my most favourite pieces of legislation that has not been enacted. I think it's about transparency, it's about empowering voters and others in civil society to hold political parties to account. I think it's a shame that the Governments post 2010 have not enacted that piece of legislation, and I think it's an absolute minimal requirement. It should not have been left on the shelf, in my opinion, and I realise I've been quite strong there.

10:20
Professor Laura McAllister 10:20:24

'Hear, hear' to all of that. We actually made that recommendation in the expert panel report, by the way. I don't accept the arguments that are raised that this would put an unreasonable burden on political parties. It's a burden that will bring dividends and is not as big as some parties would make it out to be, so I think it's pretty fundamental.

Can I just ask one question on that before we close? If I'm right, section 106 requires a Minister of the Crown to make that change, not a Welsh Minister. Are we aware whether Welsh Ministers have asked for that to happen or not? I know we can ask the Ministers themselves. Are you aware if that's been asked or not?

Professor Laura McAllister 10:21:06

I'm not aware. We made the recommendation that the request should be made to the Secretary of State for Wales, I think, in our expert panel report, but I'm not aware that that request has been made. So, I think it's something that would be very useful to know, for sure.

Okay. We've come to the end of our time. Well, actually, we've exceeded the end of our time. So, can I thank you all for your attendance today and for the evidence you provided? As you know, you will receive a copy of the transcript and, if there are any factual inaccuracies, can you please let us know so we can have them corrected as soon as possible? So, once again, thank you very much for this morning’s evidence session.

Professor Laura McAllister 10:21:45

Diolch yn fawr iawn.

And on that point we'll now take a short break, and we can reconvene in about 10 minutes.

Gohiriwyd y cyfarfod rhwng 10:21 a 10:32.

The meeting adjourned between 10:21 and 10:32.

10:30
4. Bil Senedd Cymru (Rhestrau Ymgeiswyr Etholiadol): Sesiwn dystiolaeth gyda sefydliadau diwygio etholiadol
4. Senedd Cymru (Electoral Candidate Lists) Bill: Evidence session with electoral reform organisations

Can I welcome Members and the public back to this morning’s meeting of the committee? And we’ll now move into our second evidence session this morning, with electoral reform organisations. And can I welcome Hannah Stevens, chief executive of Elect Her, who’s attending virtually this morning, and Jemima Olchawski, chief executive of the Fawcett Society? Can I welcome you both? And, obviously, thank you to the Fawcett Society for the written evidence, but we’ll go now to some questions straight away, and I’ll lead off with a very simple one: can you provide, perhaps—and I'll do it alternatively—your view of the Bill’s provisions in the sense of quotas? And is there a need for a Bill on quotas, or is the voluntary approach working or not working? And I think that the two link together in one sense. So, I’ll do Hannah first, then Jemima second.

Thank you so much for this opportunity to join this conversation. At Elect Her, we support women at every stage of their democratic engagement, right from the very beginning of them exploring what politics might mean for them, through joining political parties—if that’s the journey of choice—through candidacy and into election. And we really feel like we’ve been listening to the voices of hundreds of women across Britain over the past few years and have got a wealth of knowledge about their experiences of engaging in democracy. And, honestly, there are challenges for women at every single stage of that process, rooted in societal misogyny.

Now, we welcome this invitation to talk to you today. We are a multipartisan organisation, and, as part of that, and our commitment to deep inclusion, we’re not taking a firm stand on whether we advocate for quotas at any point, because that then aligns us ideologically with one end of the spectrum. But what we can do is we can refer to the wealth of academic and global research that indicates that gender quotas do have an impact on gender-balanced political representation. And we can acknowledge that and we can see that we do need to be putting forward as many measures as possible in order to improve our democracy and make it a more welcoming place for women.

So, there’s a lot that I can offer to the conversation about the reality of women’s experiences, and the pipeline, and I’m thrilled that the Senedd is pushing through this Bill and exploring what it can do to proactively ensure that we do have a gender-balanced democracy.

So, at Fawcett, we campaign for gender equality and women’s rights. We do a lot of work on women’s political representation, and we think that this Bill is a really important step in ensuring that we sustainably achieve women’s equality in our politics and in the Senedd, with really significant benefits for equality, for justice, and for the quality of politics.

As Hannah has alluded to, the evidence is really clear and consistent that women are systematically disadvantaged and excluded from our political processes and structures, and that quotas with the right conditions are a really important tool in overcoming that and rebalancing and creating, frankly, a more equal playing field. So, we're really supportive, both of the commitment that we're seeing from the Senedd to women's equal representation and to equality, and to the approach of using quotas as a really evidence-based mechanism.

Of course, it's important that that doesn't then mean we feel like we can sit back and relax. It's important to continue a wider set of changes to politics so that it is inclusive, and it's important to make sure that there is diversity within that cohort of women as well, so we would also be encouraging Assembly Members to be looking at other conditions, like financial support for candidates with caring responsibilities or disabilities, and making sure data is collected and published about the demographics of Members. Women's Equality Network Wales have done work calling for the standards and complaints processes to be reviewed, and we would support that as well, as part of a package of measures, but this is an incredibly important step that we're really pleased to be able to give evidence on and to support.

10:35

Okay, thank you. I'm going to come back to my next question later, because I think, let's talk about some of the other issues and particularly the Bill's provisions. Heledd.

Diolch yn fawr iawn. Byddaf i'n siarad yn Gymraeg. Diolch. Efallai os gwnaf i ddechrau efo chi, Jemima, oherwydd eich bod chi'n cymryd barn bach yn fwy pendant, felly. Oes yna ystyriaeth rydych chi wedi'i rhoi o ran y cwota o o leiaf 50 y cant, sydd wedi ei roddi ar y Bil hwn, ac a oes yna heriau wrth bennu'r cwota ar y lefel yma?

Thank you very much. I'll be asking my questions in Welsh. Thank you. Perhaps I could start with you, Jemima, as you do take a more definite view. Is there any consideration you have given in terms of the minimum 50 per cent quota, which is set out in this Bill, and are there any challenges in setting the quota at that level?

Thank you. Shall I keep these on while we—?

So, I think 50 per cent is an appropriate level, because it is nearly aligned with women's representation in the population. I guess, underpinning that, I wonder if there are two concerns, and forgive me if I'm misinterpreting.

One is that perhaps it's too high, and that perhaps there wouldn't be sufficient women in order to meet that threshold. I would say that the evidence is clear that where there are quotas, actually, it turns out that there are often more women than the level. That was the case in Ireland, where parties believed that they wouldn't be able to meet that threshold and then found that they exceeded it. That is important because we know that it's—. A big part of the obstacles to women's participation is actually at selectorate level in the local parties, and so when you kind of remove that power for those individuals to express a preference or a bias towards men, you unleash a kind of pool of talent. But also, we know that quotas and equality rhetoric have an important impact on the pool—the supply of women. So, in our research, which looked UK wide, we found that a lot of women cited equality guarantees or rhetoric from leadership about commitment to equality as being a really important signal to them that they were needed and wanted in the party, and encouraged them to step forward.

I think the other question, perhaps, is: will the structuring of the lists mean that we actually get to a 50:50 Senedd, because you could place women in less winnable seats? I think it is important to pay attention to that and to review it. We know that where there is freedom to do so, parties tend to put men in more winnable seats, and that can reinforce male over-representation. So, I think that is something to make part of the review process for this.

Yes. To reiterate everything that Jemima says, we work closely with the Fawcett Society and have a lot of shared views in this area, but women make up 51 per cent of the population in Wales, so therefore aiming for 51 per cent of elected Members of the Senedd is what we would be working for in our work. I think, as we've already mentioned, it's exciting to be having this conversation, but also we mustn't consider this the ultimate solution to the challenges of women's participation in our democracy.

We've been doing work over the past year, and we've identified 48 different reasons why we don't have enough women in our elected spaces, and this references to one of those points. And these stem within data and research, community and networks, education and training, the lack of transparent processes for getting involved in political parties. Jemima's already mentioned that the challenges are at selectorate level, but—. We don't have enough data, but it's estimated that women only make up a third of the membership of political parties. And where, in the current system, political parties do dominate the Senedd, of course, the political parties are the pipeline where women come through. So, there's a huge amount of work that needs to be done in terms of the culture within political parties. And that is around the selectorate, absolutely, but it's about the participation of membership, and we believe a lot of that is down to transparency of information. It's quite unclear how to engage in political parties. So, a lot of work that we do is about fundamentally trying to understand that inside the parties and demystify that information for women so that they can access it. But our concerns around this are around the supply pipeline of women being available and ready and prepared to step forward into elected office. There are hundreds of fantastic, fantastic women, thousands of them, that are ready to do this, but the societal challenges and the unequal burden of care, that women often have lack of access to—less access to—finances to enable it—. There are so many other factors that I'm happy to go into the details of if requested that are relevant here.

10:40

Thank you. Can I just ask, as a follow-up from that, do you have any evidence, or have you done any research in terms of the impact of some of the changes post COVID, so, such as remote working practices and that engagement in political parties? More political parties are having constituency meetings, for instance, online now. Have you got any research specifically on those mechanisms?

Not specific research, but a huge amount of anecdotal evidence that that period of time when all of democratic activity did move online, it absolutely opened the doors to more and more women to be able to access it, and people with caring responsibilities, those with disabilities, those for whom physically making their way to a political party meeting on a Wednesday evening was a challenge that they couldn't add to their schedules. So, anecdotally, it was absolutely very, very clear to us that, during that few years where meetings were happening online, more women were able to engage. And, subsequently, as things have shifted, some spaces have continued that, but a lot of parties haven't and have returned to in-person meetings. And, again, anecdotally, lots of women in our community are saying that they had a period of political engagement, and as things have returned to in-person prioritising they haven't been able to be as present. And there is a real issue within selection processes within all parties around presenteeism, and I think that was—. People want to see, want to be choosing candidates who have demonstrated their commitment to the party, and that in itself isn't the idealistic way to be choosing the people to be representing us. Whereas people were able to demonstrate that presenteeism—right or wrongly—through digital participation. So, only anecdotally, but it's very strong that digital participation does absolutely increase it.

And if I could add, I think one of the really important benefits of that was that it removed the discretionary nature of some of that flexibility. So that, what you can have, where it's in the gift of party leadership or whips to offer a kind of a proxy vote or not to be there for a particular discussion, that reinforces particular kind of hierarchies and it means you haven't got the right, you have to stay in the good books of the person who's got that power. So, it's really important. It was important that we had that period where that flexibility was there and everyone was entitled to it, which is a really important foundation.

Diolch yn fawr iawn. Byddaf i'n dychwelyd i'r Gymraeg. Mi oedd y pwyllgor diben arbennig wedi argymell dull am-yn-eilio. Sut ydych chi'n meddwl ei fod y system sydd wedi cael ei gynnig yn y Bil yn cymharu efo hynny a ydych chi'n meddwl ei fod e'n briodol? Efallai os wnaf i fynd at Hannah yn gyntaf y tro yma.

Thank you very much. I will ask my next question in Welsh. Now, the special purpose committee had recommended a zipping approach. How do you think that the system proposed in the Bill compares with that approach and do you think it's appropriate? Perhaps I could start with Hannah this time.

I have to say I don't feel equipped to answer the specifics of the electoral systems regarding this.

Ocê. Dim problem. Jemima?

Okay. No problem. Jemima?

I think it's probably slightly beyond my technical skill as well, but I think that the alternation and the requirement that half of the lists are headed by a woman are really important features in ensuring that we do get that overall balance.

Diolch yn fawr iawn. Cwestiwn olaf gen i, Cadeirydd. Oes gennych chi farn o ran a ydych chi'n meddwl bod darpariaethau'r Bil yn ymarferol ac yn mynd i gyflawni'r nod o ethol Senedd sy'n gytbwys o ran rhywedd? Oes yna fwy rydych chi'n meddwl sydd angen ei wneud, neu ydych chi'n meddwl bod hyn yn ddigonol? Efallai os caf i ddod atoch chi'n gyntaf, Jemima.

Thank you very much. And a final question from me, Chair. Do you have any views as to whether you think the provisions of the Bill are workable and whether they will achieve the aim of electing a gender-balanced Senedd? Is there more that you think needs to be done or do you think that this is adequate? Perhaps I could start with you, Jemima.

10:45

Diolch. So, I absolutely think that it is workable. It will be important to ensure that there is scrutiny and accountability around implementation, and fair warning for participants that it's going to happen. But I think that there's no reason to think that that can't be achieved. In the past, systems of this sort have been very effective and parties have found it easier to deliver than they had anticipated. I would certainly expect this to see a significant increase. I think whether we get to 50:50 is slightly to be seen and does depend on parties' willingness to really put women in those most winnable seats. So, I think that does have to be kept under review.

Is it enough on its own? No. Because of course we could have a Senedd that is 50:50 but in other ways is exclusionary and not a healthy or high-functioning environment. For instance, there's evidence that looks at Sweden, where they have quotas and good representation, and yet issues like sexual harassment or abuse of women parliamentarians remains prevalent in a way that restricts them from fully participating as equals. So, it is important that this isn't seen as permission to stand down on other work to drive equality and inclusion, and that it's important to look holistically. It's one tool. Once those women are in, they need to be able to create a system and a culture that genuinely works with and for them. And it's also important that there is diversity within that cohort in terms of class, ethnicity, disability, sexuality. We obviously don't want to replace one sort of over-representation with another. 

Yes, just to add to Jemima's points, I concur with everything that she said, that really we want to be setting this up to win and so, if the Bill does pass and we're able to see an increased number of women elected, then we need to ensure the environment that they're being elected to enables them to thrive so that it continues to grow and we have a stronger pipeline. When women are seeing themselves in our elected representatives, it has an absolutely enormous impact on their desire to consider a future career in politics and get more engaged themselves. 

I'd really encourage the committee to also look at the work of the gender sensitive audit that's happened in the Scottish Parliament. Building on what Jemima just said, there are some really interesting references to the demographic make-up of committees, who speaks at what time, and really examining the intricacies of ensuring that that workplace is gender balanced, once women are elected there. So, again, to affirm Jemima's point, this is a fantastic step in terms of exploring how we can get more women elected, but there are so many different elements to this, pre-candidacy and once elected, that really need to be considered as part of the movement to make a better democracy for Wales. 

You mentioned earlier on, I think, Hannah, just about the fact that your organisation works with women all the way through the process, from them expressing an interest in politics to joining a party and perhaps considering becoming a candidate et cetera. Obviously, political parties are struggling to recruit a sufficient number of women candidates and to get them to come forward. What do you think needs to happen in terms of, perhaps, support for political parties in order to help them with that outreach work and inreach work within their parties that they might need to do in order to encourage women to put themselves forward?

A huge amount. There's a huge amount that the political parties could be doing to create cultures where women feel welcomed, equal and prepared to step forward and contribute, and it covers a huge range of areas. So, the first one is data and research. We'd really advocate for—. We would see a big difference if political parties were publishing their diversity data around membership and considering the make-up of the people who are part of the party. I think that's a key one for us, as well as that party events and meetings need to be inclusive. We need to have this creative, cultural space where the needs of all members are taken into consideration—the location of the meeting, the timing of the meeting. And this does refer back to the digital participation. 

Currently, lots of the parties' decision making done through inclusive networks, so you're in the gang or you’re not in the gang, and if you’re not in the gang or you’re a new member you don’t really know how to access that information or which community to be a part of, and that really does provide a huge amount of barriers for women who simply don’t understand how the party works and who the person is locally that has access to the information that they might require, whether it’s around party participation or future candidacy.

Financial support is a massive one, and we do think that political parties could do more to support those on low incomes with the additional costs that come with standing for elected office. I’ve got a lot to say about financing of women as well, but I won’t go into that now. Political parties also implement transparent and accessible processes for involvement—so, again, this understanding of how do you put yourself forward for a candidate and when is it happening. It comes from the very nature of political parties being run by local volunteers; an e-mail goes out saying that, ‘We need candidates to step forward next week.' Well, for lots of women, that’s not achievable, to do all of the thinking and the preparation around that you need to do before you consider taking on such a massive responsibility. So, we absolutely really do advocate this need for transparent and accessible processes, and I wonder where there is an opportunity for legislation around that, that that isn’t just within the gift of the political parties. And so, within that, we also need to see clear pathways established to support and protect elected representatives from abuse and harassment within the political bodies and within our institutions more widely.

And as we mentioned earlier, we need to see women strategically placed in winnable seats, I think. The parties could be doing a huge amount more to do that. When there’s a demonstration there's commitment to equality, then I think that’s felt. If parties are forced to look at ways of adjusting their culture and making those processes clearer, it opens up for a much more inclusive environment; we’re going to see more women and more people from other under-represented communities too.

10:50

Yes. So, I would support everything that Hannah has said. I guess I would add as well that I think—. Of course I want to support and encourage parties but I also want to encourage them to acknowledge their responsibilities to act, and there’s an abundance of evidence about the sexism and discrimination that persists within party structures, and it is incumbent on parties, as the main vehicle for people accessing political office, to address that, and so instead of a focus on encouraging women to stand, which obviously I’m supportive of, we’re also asking parties to stop discouraging women to stand. So, our research found that women talk about party meetings as really masculinised environments where women are invisiblised, consistently talked over, shouted down, dismissed and ignored. There are those issues that Hannah has raised around the timing of those meetings, is it considered acceptable or appropriate to your children to those meetings if you need to, and who gets considered as suitable candidates. So, women reported being asked questions about their marital status, their family and childcare, their religion, in ways that clearly indicate there is an expectation of who the right kind of candidate is, and it’s a default kind of white male candidate, able-bodied. So, I would say that parties should be aware of this and should be taking proactive steps to address that.

I mean, as you both indicated, I think, in the evidence you've sent in, both written and the oral evidence today, many of those barriers are barriers for people who are not white male middle-class as well. I came from a working-class background, and many other people in my party don’t have that traditional—what people might perceive as traditional—sort of political profile, and it’s the same with other political parties too. So, do you think there’s a wider piece of work to go on about taking down some of these barriers? And can I particularly ask you—? So, one of the things that the Welsh Government has done, which has been welcomed by all political parties and had cross-party support, is it’s made finances available to try and overcome some of the barriers that disabled people have to enter politics, particularly at local government level. It’s not a huge sum of money, but it does help them with things like their transport arrangements and other aspects of the costs that can be associated with elections.

You mentioned specifically finance as being a barrier, Hannah. Should political parties have funding from the state in order to support people in overcoming some of these barriers so we can get a more diverse Parliament, and particularly, of course, in the context of this Bill, women?

10:55

Absolutely. I think in order to increase the candidate pool of women in Wales, women need to be able to afford to stand for election, and finance is such a critical barrier to women's candidacy. Generally, women are more likely to live in poverty, be on lower incomes and have caring responsibilities, and standing for election is just simply unaffordable for many women, and therefore shrinks that prospective candidate pool. Our research shows that women in our communities spend up to £1,000 during their local government campaign, and, anecdotally, we know it's much, much more for general elections and Senedd elections where the election period is typically longer and constituencies are much larger.

In 2022 we began issuing grants to under-represented women who were standing for election, but for the personal costs involved in standing, not for the campaign costs. Through that process, we've engaged in intimate, lengthy conversations with lots of women about the challenges that they face, and these are fantastic, dynamic women who are stepping forward to represent their communities, using their lived experience as a superpower and bringing that under-represented voice to local councils. The conversations we've had with them have been so revealing about the challenges they face. Several women that we spoke to—we've been doing this over the past two months, and several women really had real concerns related to the cost-of-living crisis, just simply struggling to pay for bills. Women said that they couldn't afford clothing needs. There was one woman we spoke to who was out campaigning so much she wore holes in the bottom of her shoes, but couldn't afford to buy herself a new pair of shoes. These expenses aren't considered part of campaign spending, so political parties wouldn't have any interest or commitment, as it currently stands, to contribute towards those costs, yet they are the real costs that women are incurring as they take this on. We have to be looking at that and taking that seriously.

This really does also have a real impact on candidates' mental health, and several women that we spoke to recently didn't have appropriate technology. So, if they had a laptop at all in the house, it was one that was shared with the whole household. They were juggling trying to be an active candidate whilst helping the kids to do their homework. So, just these simple things that lots of people might take for granted as being the standard equipment or tools that you have in your home to enable this, actually, that's not the case for everybody. By not considering those financial needs, we're really immediately wiping out a huge group of our society who could, otherwise, be really fantastic elected representatives.

Childcare is another one, absolutely, where if we want people that are carers for young children, or carers more generally, we need to be looking at those costs too. So, we don't have a specific position on whether the state should offer that. I think that's really something for the committee to explore, but just to really affirm and share our experience that this is a huge, undiscussed issue, which is the personal costs related to a campaign and how women and other under-represented groups can be supported with those personal costs.

I just would support and agree with everything that Hannah said. Like Elect Her, Fawcett doesn't have an official position on whether that funding should come from the state, but we've certainly advocated for parties and for provision of funding for supporting disabled candidates and with childcare. Those additional costs are a really significant barrier.

And so transport, ICT, childcare or any other caring responsibilities that someone might have, income forgone if they're having to take time off work in order to campaign—they're the sorts of costs you think that, because they're barriers, we could try to address through some resourcing, yes?

I would agree, and I would say as well that that should reflect that women may face additional security needs. So, it may be that they don't feel safe doing a walk home at night, so they might end up taking a taxi, whereas someone else might look at that and consider it unnecessary. It needs to have that kind of gender perspective about what is appropriate spending.

Other calls we've made have looked at whether these costs can be pooled. So, for instance, could childcare expenses be separated out from other parliamentary expenses, or travel, in order to avoid that sense that people are overspending on things thatwe would perhaps agree are essential.

Thank you for that. Can I just ask you a little bit more about the electoral system, if I can? So, obviously, the Bill focuses on people having to declare, at the point that they become candidates, whether they are a woman or not a woman, and there's no definition of what a woman is on the face of the Bill, so it allows people to self-identify for themselves whether they're a woman or not a woman. Is that a sensible thing, or would you rather it be a biological statement, as it were? What are your views? Do you have views on those things?

11:00

So, at Fawcett I think we take the position that this is for parties to determine what is their position and that we would support inclusive lists that would include, for instance, trans women.

Similarly, we're not interested in defining what a woman is—the patriarchy has been doing that for long enough.

Thank you very much. Thank you, both, for being here today. As we know—Darren you've mentioned your party—in my party, Welsh Labour, we currently have 17 women and 13 men in our group. However, the majority of those women were selected on an all-women shortlist mechanism, therefore I believe that it does demonstrate that that mechanism works, quotas can work. And there is also an argument, because we hardly ever, sometimes never, win on an open selection, so there is an argument that I, myself, would not be here today, as the other women wouldn't, if we didn't have that mechanism within our party.

However, I want to touch a little bit more on that diversity and inclusion that you were talking about, because, as you've stated, in achieving gender parity, which is the main objective of this Bill, we want to ensure that other forms of discrimination are not further entrenched in the process. So, could you outline whether you believe that the provisions of the Bill will increase the representation of under-represented groups, like disabled people and ethnic minorities?

I don't think I could speak to whether it will, in and of itself. I think there is some evidence to suggest that, where quotas are mandatory, it does diversify the pool of women that are brought in, as opposed to voluntary quotas, which have less success doing that. But I think, as we've said, if you don't take other active steps, you won't achieve a wider culture of equality and inclusion. And so it is important not to rest on our laurels.

I don't think I've got anything to add to that. I think I'd support that.

Thank you. Also, in gathering evidence for the previous Bill that we looked at, the overall reform Bill, we did ask people what they thought, in anticipation of this, about having gender quotas, and it was quite shocking and disappointing, in a way, to hear from people that they assumed that the women that were currently here were all here, and the term they used was, 'organically', and had absolutely no awareness that all-women shortlist mechanisms exist, what were used, or that, as I said, likely, many of the women sitting on the benches would not be there today without that.

So, there are calls within the evidence that we've received for today's session saying that the Senedd has the responsibility to be more transparent about these processes and to have further education of the public about what mechanisms are being used. So, do you think, then, it would be a good idea for the Senedd to publish how people were selected and how they are sitting on the benches in the Chamber? But also there's been a call for including—for example, it's very difficult to find out, when it comes to diversity, people who stood for selection and were not selected and how important it would be to have a record of that. That is all gathered anecdotally and it's very hard to find out, even from individual parties. And then finally, also, all the parties now really should and are being called on to create an inclusion and diversity strategy. Do you believe that they should all be published as well?

Shall I begin? I think it's really interesting the extent to which people don't realise the persistence and prevalence of gender inequality and so look at the Senedd and assume that that's just happened by chance, because people perceive us to live in a world that is more equal, sadly, than it is. I can see a case for publishing that a proportion of candidates or Senedd Members were selected or elected through a particular mechanism, or the role of quotas. I think I would be concerned about identifying individuals, because I think one of the strengths of the system is that it busts the myth that you get a different calibre of candidate, because no-one can distinguish, once they're in a position of power, which Members have been elected on open lists, or an all-women shortlist, or through a quota system or not. And I would be concerned about something that made that label permanent, because I think it creates a false sense that there is a distinction that isn't there. But a broader deepening of understanding of the barriers and the work that has to happen to overcome that I would definitely welcome.

I would say we absolutely should require parties to collect and publish anonymised data. Fawcett does a piece of work every two years called 'Sex and Power', where we count the number of women that hold positions of power across the UK. It's incredibly difficult to do because the data isn't available. It's imperfect because you have to make judgments and assessments. And, frankly, it seems ridiculous that a charity is doing the really important work of accounting and auditing who has power and whether we're equal or not. That should be something that is just part of our system, for us to know who is governing us and whether we're making progress. So, that data would be really, really important.

I would absolutely support the publication of inclusion and diversity strategies. I think it's a way for everyone to make sure that they're performing at the same standard or maybe outperforming their fellow parties, to learn from each other, but also to create some accountability around what's actually happened and whether people are actually delivering them. It's fine to have a strategy and a plan, but if you never actually implement it or never see any progress or don't have any kind of meaningful measures of change, then it's just a wish list.

11:05

Thanks. I would just add to that a little bit more about the data and how vital it is. We would be supportive of any transparent measures that really do make our democracy more transparent. I think some of the challenges that we face more widely at the moment in our democracy do relate to the lack of information and the lack of understanding that the general public have about the roles of elected representatives, their responsibilities, and even the financial benefits that our elected representatives have. People are so surprised, for example, when they learn that councillors receive relatively low remuneration. So, we'd be very eager for communication campaigns that really do demystify our democracy for people. But I would also agree with Jemima's reflections that actually publishing the information about how people were selected might end up being a discriminatory process.

The diversity data is a really important one, and I'm pleased to hear you talk about collecting the data of those that applied for selection and weren't selected either, which is almost pre-candidacy, because I think that's such a telling point about who is making it through those panels, through that sifting process within the political parties, and to be able to monitor and track whether we are losing potentially diverse candidates at that stage. 

We know that section 106 of the Equality Act 2010 is held in the power of the UK Government, but really it's vital that we are able to start to see that published data around political party candidate diversity. But that Act in itself is only about parliamentary elections, so I'd be really keen to encourage the committee to explore what this looks like in local government as well, because actually the two places, in terms of the pipeline, are so entwined. There aren't different systems within the political parties whether you're engaging with the party and moving towards standing for the Senedd or engaging with the party and moving towards standing for local council. That is the same pipeline. 

I appreciate this Bill is about the Senedd, but examining where the influence you can have in examining all of this data regarding local councils I think is absolutely vital. So, that's not covered in 106, but it would be so incredibly useful to look at the candidate data and the pre-candidate data, those that are applying to be candidates, in local government. I think that would tell you a huge amount about the parties and the actions that they're taking to create a more inclusive environment where more diverse communities and greater numbers of women feel that they can step forward to represent them.

Thank you very much. My last question: you mentioned that the Scottish Parliament did a gender-sensitive audit, do you think that the Senedd should do the same? Also, can you just give us some examples of how we could make it more attractive for people with protected characteristics to stand and any good examples that you could point us towards? Thank you.

I would absolutely really, really encourage the Welsh Senedd to deliver a gender-sensitive audit. I think witnessing that process and engaging in conversations with Members who are involved in it and their staff team really opened their eyes to societal barriers and societal misogyny and how that shows up in the very smallest of ways in daily interactions within the workplace. I think the Senedd is demonstrating itself to be really progressive in this space by having this Bill and engaging in this conversation today, and I think a gender-sensitive audit would be a really appropriate and complementary piece of work to deliver on the piece, which is that, if we are working to get more women into the Senedd, then, actually we need to make sure that it's a fantastic place for them to come to work every day.

One small example is the lack of childcare available in the Senedd for Senedd Members—that's a very notable and simple one. I believe it was intended, in the creation of the Senedd, that there was an intention for a creche, but, as I understand it—and do correct me if I'm wrong—that hasn't quite come to fruition. And it's a very simple one. Without that, you're not telling mothers or fathers—and fathers, in that sense—that they're welcome here and that this is a place for them. So, I think there are some pretty simple implementations of work, but, again, that audit would help to identify all the different areas for development.

11:10

So, echo Hannah on that—a sensitivity audit is a really fantastic thing to do. I think there's a lot that can be done to demonstrate to other people with other protected characteristics that they're welcomed and encouraged, and to remove barriers. Part of that is the importance of publicly committing to it, and sending that message that people are wanted, and that work will be put in place to support them. Part of it is about, I think, publishing those plans where you demonstrate the changes that you're going to make in order to overcome those barriers, being clear that you recognise that the lack of representation is not because of a deficit amongst those groups, it's because of the barriers put in place by the existing system, and that the onus is on us and that system to remove it. And that does also go back to party level. So, one of the examples in our research about that pipeline was a disabled woman who was coming to a selection meeting. The local party knew her and yet they had put a podium on a stage with four steps that she was unable to access, so, when she arrived, she had to stand on the floor and shout. This is completely unacceptable, that you would create that kind of hierarchy and exclude someone in that way. So, it's at every level making sure that we are reflective and inclusive and not creating completely unnecessary barriers to people participating on fair terms. 

Diolch yn fawr iawn. Dwi am siarad yn Gymraeg. Dwi am gyffwrdd ar ddau beth. Dŷch chi wedi sôn am y rhwystrau a'r gefnogaeth mae angen inni eu cael i fwy o fenywod sefyll, a hefyd pan fyddan nhw'n ymgeiswyr. Oes yna fwy dŷch chi eisiau ei ychwanegu i hynny? Dŷch chi wedi dweud digon, yn fy marn i, ar hynny, ond oes yna fwy dŷch chi eisiau ei ddweud wrthym ni am y rhwystrau, a hefyd y gefnogaeth? Dwi'n meddwl Hannah, ydych chi eisiau dweud mwy?

Thank you very much. I'll be speaking in Welsh. I want to touch on two issues. You mentioned the barriers and the support that we need for encouraging more women to stand, and when they are candidates. Is there anything that you want to add to your comments? I think you've said enough, in my opinion, on that, but is there anything else that you want to say about the barriers, and also the support that's provided? Hannah, would you like to go first?

There is so much to say. I could speak for several hours about this; it's my favourite topic of conversation, as you can imagine. I think we've covered a large range of the issues, but one key piece of work that we're doing that I'd really like to continue to collaborate with Members on is really looking at this big picture of what are all of these change mechanisms that we need to see in place and, over the next few years, begin to hold spaces and groups accountable, and, in order to that, we need to determine indicators of success. What does success truly look like?

At the moment, the only way of measuring whether we are making progress in this work is, every electoral cycle, counting the number of women who are elected—that's our only indicator of success. Whereas, if we were looking at other issues, such as the abuse and harassment that women might be facing on their journey to political representation, I think, if we had ways of monitoring that, I think, unfortunately, we probably would see that backsliding, but we don't have the ability to do that. It's something that we are really keen to advocate for and starting to work in ourselves, but we'd love to work in partnership with the Senedd to explore that, because I think this absolutely does need a system-wide perspective. As Jemima wonderfully said: why is it up to a charity to be holding our society to account in this incredibly important work? And Fawcett, WEN and us, and there are a few other organisations that work deeply in this space and have a lot of knowledge and expertise in it, and we'd really like to be critical friends to the Senedd on your journey of exploring how you can really make this a fantastic space.

I think the Welsh Parliament, the Assembly, was the first Parliament in the world to reach 50 per cent gender representation—I think that's something you should be incredibly proud of, as we are too. I really applaud your efforts to continuing this work through this Bill, but I hope that we can work together in the details.

11:15

Diolch yn fawr iawn. Jemima, dwi ddim yn gwybod os ydych chi eisiau dweud mwy, os oes mwy gyda chi.

Thank you very much. Jemima, I don't know whether you want to add anything to that. 

I'd support those comments, and I've got nothing further to add. Thank you. 

Diolch yn fawr iawn. Felly, yr ail faes dwi eisiau edrych arno ydy rhannu swyddi. Fel dwi'n siŵr rydych chi'n gwybod, mae yna fwriad i edrych ar hyn, efallai ddim yn y Bil, ond ar ryw amser. Beth ydy'ch barn chi ar rannu swyddi—dŷch chi wedi dweud tipyn bach am hynny yn barod—a'r effaith ar gael mwy o fenywod i sefyll ac i fod yn ymgeiswyr yn y Senedd? Pa fath, hefyd, o gefnogaeth a hefyd rhwystrau fydd yna? Gaf i ddechrau efo Jemima yr amser yma, os gwelwch yn dda? Diolch yn fawr iawn.

Thank you. So, the second area that I want to explore is job sharing. As I'm sure you know, there is an intention to look at this, perhaps not in the Bill, but in due course. So, what's your opinion on job sharing—you've already mentioned it—and what about the impact on getting more women to stand and to be candidates in Senedd elections? What kind of support and what kind of barriers will there be? Could I start with Jemima this time, please? Thank you. 

Fawcett sees Job shares as a really important way to diversify who can participate. It's important for balancing caring responsibilities and also a really important way to support the participation of disabled candidates.

I think, in terms of barriers, this will be quite a shift in our political system, in the way that we understand accountability and responsibility, so I think it would require investment in time from the Senedd, from Members and the support structures, to develop mechanisms, and also to make the argument publicly and externally as to why this is beneficial and increases the quality and pool of talent in a really valuable way. For me, I think the overwhelming argument is: what an incredible bonus to secure two brilliant minds working on an issue. We know that this is a job that is incredibly demanding, and the pool of work is endless. You could be spending all day in your constituencies and all day scrutinising policy, and having extra brain power and support is a huge bonus, as well, of course, as making it possible for a completely excluded group of people to participate. 

Diolch. A Hannah, oes yna fwy dŷch chi eisiau ei ddweud?

Thank you. And Hannah, is there anything you'd like to add?

Just to add that, again, anecdotally, we really hear a lot from women in our community that, if job sharing was an opportunity as part of their political journey, it's something that they would—. They would consider candidacy in that sense. And one more thing that I wanted to add in there that I've just suddenly forgotten—. So, we'll leave it at that. 

I'm sure it'll come back to you. Thank you. 

Diolch yn fawr iawn, Gadeirydd. Dyna i gyd o fi. 

Thank you very much, Chair. That's all from me. 

I think these questions have really been answered, Chair. It seems to me that the collection of diversity data is something that is very important, needs to be done, and should be put on a statutory basis. That's effectively the messages that you've both given to us, so I'm not sure—.

I'll conclude, then, in that case, with a simple question, because I did say I'd leave it til the end. The Bill in particular, before us, is what we're considering, and I suppose I want to try and find out your views as to whether there are any challenges that might arise as a consequence of implementing this particular Bill. Do you foresee—? Have you looked at the Bill and have you considered what challenges the Bill may bring towards both parties and the ability to deliver on its proposals? I'll start with Jemima and then I'll come over to you, Hannah, okay.

I have looked at it. I think, of course, there are always implementation challenges when you change a system, and I would anticipate that you're working on plans to roll out education and information around that, and making sure that parties understand the system and the public understand the system. I think some of the barriers that people might anticipate might be: will there be enough women? I think I've addressed the fact that I believe that there will be more than enough women, and, when you actively look for them and are more reflective about what are the real criteria you need, rather than the default expectations, there's an incredible pool of talent. Hannah's work speaks to that—the amazing women all over the country who are activists in their community and able to stand. Also the quota itself sends out a message to women, 'Maybe politics is ready for me, and it's looking for someone like me now.'

I think there's the potential resistance that you might get, the accusation that candidates that are elected on a quota are of a lower quality. For me, I would say there's just no merit to that argument, and it's incumbent on us all to challenge that and to demonstrate that what we currently have is an over-representation of a particular group. And if we believe that talent, skill and valuable contributions are equally dispersed across our population, then not having equal representation is evidence that we're not getting the very best and the right people that we could be getting right now. So, I think being willing to challenge that—. And then also the evidence that, once women are elected, they are more likely to spend more time working in their local areas, they spend more time on legislative sessions, and raise and advocate for different issues in a way that's really beneficial to politics.

So, I guess I would say on those kinds of potential areas of resistance, I think each of those is either unfounded or can be overcome.  

11:20

I don't have a huge amount to add. I completely—. I suspect there will be resistance, as you're requesting—. As well as the technical implementation of this, you're suggesting a cultural change within political parties that have been dominated by men for a very long time, and I think with that will come that cultural resistance, but I believe that we need to push through that in order to deliver on the Bill as it stands now. And long term, increased representation of women in elected office is associated with focusing resources on the quality and consistency of public service delivery, and I think it'll be a better thing for our democracy when we start to see people's faith in our political institutions improved. And I think this will be a small but vital part of that.  

Can I ask you both, therefore? Obviously we are all representatives of major parties here, but there are the smaller parties. Clearly, a major impact upon us—is this a challenge for some of those smaller parties? 

I don't believe it will be, no. 

There are other challenges that smaller parties face, but I don't think that this is one of them. 

Okay. Thank you. Do any other Members have questions? We're coming close to the end of our time anyway. So, thank you very much for your time this morning and your evidence. You will receive a copy of the transcript. if there are factual inaccuracies, can you please let the team know as soon as possible so we can have them corrected for the record? So, thank you very much for your time and we look forward to perhaps seeing you in the future as well. 

Thank you so much. 

Thank you. 

And for Members now, we'll take a short break and we'll reconvene at 11:45. 

Gohiriwyd y cyfarfod rhwng 11:22 ac 11:48.

The meeting adjourned between 11:22 and 11:48.

11:45
5. Bil Senedd Cymru (Rhestrau Ymgeiswyr Etholiadol): Sesiwn dystiolaeth gyda Phanel Pleidiau Senedd Cymru y Comisiwn Etholiadol
5. Senedd Cymru (Electoral Candidate Lists) Bill: Evidence session with the Electoral Commission's Welsh Parliament Parties Panel

Good morning. Can I welcome back Members and the public to this morning's evidence session for the committee? We're going to our next item, which is an evidence session with the Electoral Commission's Welsh Parliament parties panel. Can I welcome Geraint Day, who's the deputy chief executive of Plaid Cymru; Tom James, director of the Welsh Conservatives; and, online, Jo McIntyre, who's the general secretary of Welsh Labour? Thank you for the evidence we've received to date. We'll go straight into some questions, if that's okay with you, and we'll start with Jane Dodds.

Diolch yn fawr iawn, Gadeirydd. Dwi am ofyn fy nghwestiynau yn Gymraeg, ac mae'r rhain yn gwestiynau cyffredinol. Ydy popeth yn iawn? Ydych chi'n cael y cyfieithiad, Joanna? Gwych. Y cwestiwn cyntaf yw beth yw barn eich plaid ar beth mae'r Bil yn trio ei wneud ynglŷn â chwotâu, ac yn y blaen. Dyna'r cwestiwn cyntaf, i ddechrau ein sesiwn efo chi. Pwy sydd eisiau mynd yn gyntaf?

Thank you very much, Chair. I'll be asking my questions in Welsh, and these are general questions. Is everything okay? Can you hear the translation, Joanna? Great. The first question is what are the views of your party on what the Bill is trying to do in terms of quotas, and so forth. That's the first question, to kick off our session with you. Who would like to go first?

11:50

I'll tell them who'll go first. We've got Geraint in front of us—he'll go first, then Tom, and then we'll go to Jo.

Diolch am y cwestiwn. Mae cefnogaeth y blaid i'r Bil yma yn 100 y cant. Dŷn ni wedi cytuno, fel plaid, mewn egwyddor, yn ein cynhadledd ni ryw ddwy flynedd yn ôl, i'r math yma o Fil. Ers hynny, dŷn ni wedi bod yn ei ddilyn e yn eithaf manwl. Dŷn ni wedi rhoi tystiolaeth mewn; mae ein haelodau etholedig ni hefyd wedi siarad amdano fe, wrth gwrs. Dŷn ni yn cytuno â'r Bil ac yn ei gefnogi. 

Thank you for the question. Plaid's support for this Bill is 100 per cent. We have agreed, as a party, in principle, in our conference some two years ago, to this kind of approach. Since then, we've been following developments quite carefully. We've provided evidence; our elected members have also spoken on the issue. We agree with the aims of the Bill and support it.

I'll come back to you in a second, because I think the question is more about what it may mean in practical terms for the parties—not the 'in principle' support, but the practicalities of delivering the issues.

Okay. Do you want me to answer that now?

Thank you. The Conservative Party's view on this has already been conveyed by Members of the Conservative Party here in the Senedd. As far as the practicalities go, obviously we will talk about that. In principle, of course, we are in favour of equality and diversity, but it's how it's achieved, I think, is the difficulty we have here and, principally, whether the proposed legislation is within the competence of the Senedd.

We'll talk more on the practicalities, rather than the competence. I'm sure that we'll have legal advice on the competence issues. And Jo.

Hello. Can everyone hear me okay? Fantastic. We support the general principles of the Bill, as per our written submission, and we support a truly representative Senedd. We already do take positive action to ensure women on shortlists and gender-balanced shortlists, but we always do that within the confines of the law. We're keen to play our part within the confines of the law and ensure that there is more diversity at all levels of government.

Diolch yn fawr iawn. Gaf i ofyn y cwestiwn nesaf, os gwelwch chi'n dda? Gaf i ofyn pa fath o gyswllt sydd wedi bod rhwng eich plaid chi â'r Llywodraeth ynglŷn â'r Bil?

Thank you very much. Could I ask the next question? What kind of engagement has there been between your party and the Government about this Bill?

Thanks very much. We had a special conference—that was last year, I believe—to support the principles of the Bill and set out our support for Senedd reform generally, as well as specific principles within it around lists, et cetera. I think, within that, we're very clear that we have to act in the confines of the law, and that's what we've set out quite clearly and confidently within that. We're in the process of engaging on what that would look like in terms of our internal party processes at the moment, and what sort of impact that would have.

Obviously, the Labour Party is the party of Government in Wales. Has there been any relationship and discussions between the party and the Government in the development of the Bill?

Government and party are separate. We do engage with Ministers, as I think everyone here would engage with their elected representatives, on ensuring that we can create party units and representatives that are effective, so that we can start doing that background work now, we can think about the questions we need to ask, and ensure that we have everything ready for when we need to have it ready. In terms of direct engagement, I'm not quite sure of the question—could you repeat that part of the question, sorry?

We appreciate that the Government has brought forward the Bill, but this question is about what conversations the parties have had with Government in developing the Bill, if any.

In terms of developing the actual content of the Bill?

It was put to our special conference last year, but that was not in terms of developing the Bill, that was more a proposal that was put forward to special conference that was then voted on. There's been no direct conversations, if that makes sense. It's more that a proposal was put to us that we put to our members that was then voted on, as opposed to the other way around. But Ministers have obviously engaged in that process.

11:55

The formal consultation we've had is this, our written submission. As a party, we have discussed our views regarding Senedd reform. It's something that's close to the heart of Plaid Cymru, of course, so it's not an unusual conversation for us to have internally. Direct discussion with Government, I'd say, is limited to individual politicians and, of course, as part of the co-operation agreement. There's been no formal consultation or input from the party per se to Government. 

Our engagement would be limited to the leadership of our group here in the Senedd, our leadership of our professional party—myself—and the leadership of our Welsh Conservative MPs through the Secretary of State, of course, when this first came. I can't remember who was Secretary of State then, but we would have had discussions between that sort of triumvirate, as it were, and also involving the head of our voluntary party as well. Like I said, discussions are more centred around how we would implement it.

At the moment, the Welsh Conservative Party is in the process of constructing rules for those next elections, so we're very much drafting them and waiting to see what the final law and legislation will be. So, our discussions are very much centred around the actual logistics, rather than our views.

Diolch yn fawr iawn. Dwi eisiau jest canolbwyntio ar y pwynt olaf yna, hynny yw'r heriau, yn eich barn chi, yn eich plaid chi, y byddech chi'n meddwl y bydd o'ch blaenau chi i weld y Bil yma'n digwydd yn eich plaid chi. Ydych chi wedi sôn am hynny? Gallwch chi jest ddilyn hynny i fyny, os gwelwch yn dda, o ran y pleidiau?

Thank you very much. I would just like to focus on that last point, namely the challenges, in your view, and in the views of your party, that you will face in terms of seeing this Bill happening. Have you discussed that? Could you follow up on that, please, from the perspective of the parties?

Yes, certainly. I think there are a few challenges that we would face. I think it's the definition of 'woman', first and foremost. Then, the idea of the Bill is to, of course, make the Senedd more representative, more diverse—why is it only limiting itself to women on this one, and therefore the definition thereof? I think the challenge that we would then face—and I'm sure other parties would as well—is how we are meant to implement that and certain hurdles like, for example, if someone were to identify as a woman for the sake of becoming—. When we do our ranking system, that person gets No. 1 on a list. If that person then decides to self-identify as something else, where does that leave the list? And if then the election happened, does that potentially make that particular election null and void because of that challenge? I think that's where we have certain concerns.

I think there is also the issue of capacity to find candidates. Are you saying that if a party wasn't able to find enough female candidates, or candidates who identify as women, for the sake of it, they are not therefore eligible to take part? That's not to say that we would necessarily face that challenge, or the main three or four parties in the Senedd, but smaller parties may find that a challenge. And just to re-emphasise the point—I can't remember which election it was, 2003 or 2007—the Senedd was, I think, 51 per cent women. I don't know if anyone around the room would like to clarify.

So, it has already achieved that. The aim of this Bill is to make it more gender balanced, but it has already achieved that itself organically. I think that's just an important point to make—that it has happened already without prescribing it in law.

The question was mostly around challenges that we face in terms of implementing this. We have a working group that looks at our selection procedures and reviews our standing orders and so on on a regular basis. Over the last 25 years we've taken different types of action to achieve a better mix of diversity in our candidate base, and our candidate lists especially. However, not just in terms of the regional lists, we've also taken action in twinning constituencies. In the last Senedd election, our top 20 constituencies were twinned with each other, so that allowed us to ensure that, if we were to win more constituencies, it wouldn't result in a big change in terms of gender.

So, the challenge to us is less so, I think, because we've got a lot of practice and experience doing these types of actions anyway. There will be some challenges, but, as I previously mentioned, the party's already passed this through its conference. There's a lot of goodwill and support for this type of action, so I can't see, with that goodwill, that there's anything that we can't overcome. I think that's the fundamental point I'd like to raise.

There will be some issues around, if you talk about horizontal balancing, which body inside the party ensures which constituency is to be topped by a woman, which one is topped by an open list. So, that's something we'll have to go through and sort out ourselves. But this is relatively small, admin-type work, which will go through one of our annual conferences, I'm sure, without much trouble.

12:00

I think, in terms of the challenges on this Bill, the equalities Act, and its interaction with law in Wales, similar to what other people have said, finding candidates can be a challenge. I think we've looked at the Bill and what measures we'd need to adhere to, and that enables us to do this work and engage with potential candidates sooner rather than later. I think we view the challenge as maintaining and expanding the equality of the Senedd, not just simply keep going as it is, but expanding that equality to other equality areas.

Diolch yn fawr iawn. Y cwestiwn olaf wrthyf i: hynny yw, yn eich barn chi, oes gennych chi ddigon o amser i wneud yn siŵr bod y Bil yma yn digwydd yn eich plaid chi, hynny yw, cyn yr etholiad Senedd nesaf? Diolch.

Thank you very much. My last question: in your opinion, do you have enough time to ensure that this Bill does happen within your party before the next Senedd election? Thank you.

Yr ateb syml yw 'oes'. Dwi'n siŵr y byddem ni'n gallu ei wneud e. Mae yna heriau, fel rŷn ni wedi cyfeirio atyn nhw, fel mae pobl eraill yma wedi cyfeirio atyn nhw—ffeindio’r ymgeiswyr, ffeindio digon o ymgeiswyr. Byddem ni'n wynebu hynny beth bynnag, gyda'r reform Bill arall. Bydd rhaid inni newid ein systemau dewis beth bynnag, so bydd y Bil yma ddim yn rhoi lot mwy o her i ni yn nhermau trefnu dewis ymgeiswyr. So, oes, dwi'n siŵr byddwn ni'n gwneud hyn mewn pryd.

The simple answer is 'yes'. I'm sure we will be able to deliver this. There are challenges, as I've mentioned and others have mentioned, in terms of finding sufficient numbers of candidates. But we would face that challenge in any case as a result of the other reform Bill. We will have to change our selection systems in any case, so this Bill won't pose much more of a challenge to us in terms of selecting candidates. So, yes, I'm sure we will achieve that in time.

The short answer is 'yes’. Ultimately, we will operate with whatever the law is and we will adhere to it. And whatever time and processes need to be put in place, we will, of course, meet them.

And I assume the same answer from you, Jo, in that case.

Yes, the same answer for us. Admittedly, it will be tight, but we've started those internal preparations already. We began preparations just before conference, looking at what challenges we'd face. So, 'yes' is the short answer.

Can I ask a supplementary question, if I may, Chair? So, one of the things that changed in the other Senedd reform Bill, which is on its way through the Senedd at the moment, is that the prospect of the introduction of Senedd reform has moved back, potentially, to November of 2025 because, effectively, the Government wants the opportunity, should there be an earlier election, to be able to not lose the opportunity for reform for the next election. Wouldn't that give you mega challenges, Jo and Tom and Geraint, in terms of trying to make arrangements for selections on the basis of elections that were then going to be introduced in November 2025 rather than April 2026?

If the timescale is tight already, which is what Jo has just indicated, then, surely, winding the clock back by six months is going to make it a nigh on impossible challenge, is it not?

12:05

I will admit, I haven't heard any intention of bringing it forward six months, but I understand what you're saying, which is what type of—. The question, really, I suppose, that Darren's asking is: what type of timescales will give you problems? If things—. When is the latest date by which you would have to have things in place?

Anybody want to suggest a timescale, or can you all tell me that you will do it no matter what?

The short answer is 'yes'. There is no way we will go to a Senedd election without finding candidates. If you as a Senedd decide, 'This is the timetable', we will work to that timetable, I'm sure. That's certainly our point of view. 

Thank you very much, Chair, and thank you all for being here today. So, I'm going to ask some questions now to you all about the candidate selection. So, could you briefly outline to us how your party selects candidates, and the process that currently operates, please? Who would like to go first? Geraint, would you like to go first?

I can go first, yes, I don't mind. We have candidates selected by members, and we have various processes in place before we get to that selection meeting. So, all potential candidates must be members of a national register of candidates. So, this register is maintained at our party head office, and any member can apply to be on that register, and it consists of an interview process, application forms, these types of steps. Once they're on the national register, a constituency can open for nominations, and the information will be sent to all members of the national register and any of them can apply to go for that constituency. Then there's a series of meetings, hustings, in the constituency, historically held face to face, but since COVID, some of them have moved to hybrid or via Zoom. Then members vote on a one member, one vote basis, and the candidate is selected. That's how a constituency selection works. Regional is very similar, but on a regional basis rather than constituency. And where we have taken action to increase diversity, rules are implemented at that point, when members have voted, to ensure that they comply with the views and the rules that the party has set out. 

Broadly very similar. We have a central, approved candidates list that we operate, and in developing that list, we do outreach to try and make that list, of course, as diverse and as representative as possible. And then, as and when selections begin, we sort of start the firing pistol. We open up the selections, and, very similar to other parties, we will advertise a constituency and people will be invited to apply. 

What we have done in the past—we haven't done it at every election—is we will also have processes whereby candidates have a grading, and whether they can apply for certain levels of seats, with a view to perhaps developing candidates if they're very new, to perhaps develop them for future elections. And then that broadly covers our constituency selection process. And, again, we previously did them face to face, but, of course, the pandemic forced us to move online and, actually, we very much operate in a hybrid fashion now. Doing things online, whilst not ideal sometimes, can actually get things done a bit quicker. 

And then with regard to our regional lists, again, we open up a region and invite members of that approved list to apply. We then conduct a postal ballot of members within that region to rank the candidates—one, two, however many. And, yes, again, it's very much, to be on that approved list, you need to be a member of the Conservative Party, and members who are eligible to vote are those who've been a member for at least three months. 

So, we have our national panel of candidates selected by the Welsh executive committee. Before we go into the national candidate programme, there's a future candidate programme, there's training available. That training is often specifically targeted at under-represented groups. And then local parties will shortlist, and then members will vote. We do have equality measures in place, such as gender-balanced shortlists and ensuring there is at least one black, Asian, minority ethnic candidate on shortlists. I think, similar to everyone else, we have hustings where members vote. Those are generally in person. We do do occasional online hustings, but generally they are in person. And on regional lists, where we're able to, we do zip on gender as well.

12:10

Before time moves on, can I ask this question, then? The proposed reform, which is not this Bill, it's the other Bill, now introduces 16 constituencies, basically 16 mini regions. As you've all highlighted, you've done a regional list selection before. Does the introduction of 16 regions make it more complicated and more time-consuming for the parties in their selection process? I've been selected in a constituency, so I know how our constituency works, but you're going into a bigger collective group now, and you've done regions yourselves. Is 16 regions going to make it more time-consuming for the parties?

I think we'll have to see, to be honest. In some ways, I think it could be quicker, because at the moment we currently have to have 40 candidates, plus the regional lists, so there have actually been a fewer number of selection meetings. There's one view of looking at it saying it could be quicker. However, as Plaid Cymru, along with most other political parties, is run predominantly on a voluntary basis, which means that the people running the selection procedures themselves are volunteers at the local level, we would have to train up those people in order to run the process, and they of course have got a lot of experience running the current process in their constituencies. The first-past-the-post system has been around for a long time, so there's a lot of experience with that system. We would have to ensure that we have the correct skill set in our constituency secretaries and so on. I don't think we'll be able to give a definitive answer until we actually do it. That's the honest answer.

Okay. Thank you. I want to ask the others, because I think it's probably going to be similar for everyone.

Broadly, yes. I think we face a similar challenge in terms of that our volunteers very much take a bit of a lead on, perhaps, constituency selections, whereas the regional selections, at least in our party, are very much led on by the professional party. Going forward, if the legislation goes through, we'll be looking at 16, as you say, rankings. That would very much need to be led on by the professional team in each of them, at least from our point of view. So, it would put more of a burden on staff, and I think it might pose challenges to volunteers. At the moment, a constituency selection is broadly quite simple and can be undertaken by, still, volunteers. I think if we're getting to a point where we're doing large postal ballots and checking of members, I think that would probably then fall to the professional party, putting more pressure on them.

Of course, this Bill will introduce quotas on that process as well.

I think for us it doesn't change the general principles around selections, and I think it could end up being slightly quicker with fewer constituencies. I think the challenge that I would highlight is that we do prefer to have meetings in person, and I think for some of the larger or more rural of the 16 constituencies, it might be more of a challenge for them to meet in person, so we've had to look at ensuring that the online process can work within our rules and processes within that as well. So, that's one of the challenges I'd highlight to the 16, but generally it would be quicker, and I don't think it changes the principles around selections.

Thank you very much. Could you each outline your view on whether the system proposed by the Bill is appropriate and how it compares with the zipping approach recommended by the special purpose committee? I'll come to you first this time, Tom.

Sorry, could you just repeat that one again? Sorry.

Yes, of course. What is your view on whether the system proposed by the Bill is appropriate and how it compares with the zipping approach recommended by the special purpose committee?

I mean, ultimately, I think I'd go back to my original point. I think there are going to be challenges for it, not least, like I said, the identification and self-identification of women. I think the point is it's how that is going to be implemented by us. I think we're going to have certain challenges in terms of the data that we hold, and that someone who may have identified but may not want to have that known, and I think there are a lot of data protection issues here that are going to pose a challenge for us.

I think what you've proposed in this Bill is potentially better than what was originally proposed in the zipping system. I think that we—. Plaid Cymru have tried a number of different approaches over the years where we have done zipping of different types, depending on—. The top must be female, or top must be the person that gets the most votes, or the—. We've tried lots of different things. What I think you're looking at here is the Bill sets out to achieve diversity, and by zipping, and keeping places for men, I don't think that's what the Bill's trying to do. The Bill, from what I understand, is trying to achieve diversity and equality between females—women—and men. And therefore, the way to do that is to look at the under-represented group, which is women, and therefore take action to promote that group, rather than promote the group that is in a majority. I think it would be strange to do it the other way. So, overall, I think it's going down the right route and I think what's in the Bill is better than what was proposed under the original zipping system going back four or five years ago, whenever it was.

12:15

Yes. I think, overall, there are obviously challenges in any new system, particularly where it is a change, but what I would say is that we are working hard now to find candidates, to encourage them to come forward. We're working with our equalities groups to encourage them to support us in finding those candidates. So, we're doing that sort of work now and I think we are supportive of the Bill.

Thank you. And then, there is also, in the Bill, the sanctions for non-compliance with quotas. So—. Well—. Sorry, your views on sanctions in the Bill for non-compliance with the quotas. Can you outline how your political party would manage any potential reordering of candidate lists that may be required as a result of the horizontal placement criteria? Geraint, can I come to you first?

I'd like to give you a straight answer; the honest truth is that we're still writing our standing orders and our procedures around this now. So, I don't feel that I really can answer that. I'm sure we will find a way to do it. It will be a democratic body inside the party that decides that. Where that decision is made, we haven't decided yet. And I think a lot will depend on the progress of this Bill, and that we will write our procedures and our standing orders in light of what you decide, rather than what we think might occur, so—. Sorry, I can't give you a straight answer on that.

No. Absolutely. That's understandable. Thank you very much. And Tom.

Broadly the same. We're still drafting our rules at the moment and I think we won't, of course, finalise our rules entirely until the legislation is—if it does—passed. 

Very similar to what everyone else has already said; I think we need to see the final legislation before we can finalise our procedures. We're in the middle of drafting those for various sort of options that we can think of, but we would need to see exactly what the law would require us to do, and, hopefully, we would be able to draft our rules to be within those laws without needing to, hopefully, be reordered or sanctioned.

Thank you very much. And I'm just going to come on now to ask you some questions about what your political parties are already doing before we even look at this Bill. So, could you just talk to us about how you are encouraging more women to come forward and stand to be candidates, but also how you are trying to generally increase diversity in the candidates that you put forward for the Senedd, including any training opportunities that you currently provide? Tom, can I come to you first this time?

Yes, certainly. We have various outreach groups who are tasked with, as the name suggests, reaching out to communities, under-represented groups, women, all—. We have, as I say, various outreach groups who are there to encourage them to put themselves forward as candidates, but, crucially, then, speak to them to understand why they may not be putting themselves forward as candidates. It's all well and good going out to a group and saying, 'You need to put yourself forward as a candidate for the Conservative Party', but we, you know—. If they're not, we need to understand why. And I think those groups are out there to go to these groups and—. Sorry, to speak to the people we're looking to try and encourage to stand and understand why they are reluctant, and, then, try and take all the measures necessary to accommodate that.

We, just to note, have had success in terms of this. We look at Monmouthshire council going up to the 2022 elections, where we went into that, I think, with at least 50 per cent of our candidates women, and that wasn't done through rules, that was done through the efforts of people locally who were able to go out and speak to these communities and encourage more people to put their names forward and actually understand why they may not have done so in the past.

12:20

Thanks very much. So, we're already doing some work on this. We're working with our women's committee who are doing work with BAME women, LGBT women to encourage them to come forward. Now, we're doing expressions of interest so that we can see who is interested in coming forward and what support they might need. We're also working with our BAME committee, and they're doing work on what the barriers are, what the perceptions are and what people are concerned about before standing so that we can shape training and support around what those concerns are. We've also been working across the Labour movement with trade unions and socialist societies affiliated with the Labour Party as well to encourage their members to stand or express an interest and engage in the process, because the more engagement in the process that we get earlier on, it allows us to shape those training and support packages to encourage under-represented groups to come forward. So, that's what we're doing at the moment, but that will grow and diversify as we move forward. 

We're doing similar, and slightly different as well. We have a director of equalities on our national executive whose job is to oversee equality in the party and ensure that we do take action in this manner. We have the different sections of the party, interest groups, including a women's section, a BAME section and so on. We work with those to try and encourage their members to stand. As well as that, we take a softer approach, with some form of mentoring, formal and informal. What I would say is that where we find it most effective is where that informal approach works side by side with some form of formal mechanism. So, we can see that, where we have internal rules to ensure that women have certain places on lists or certain positions, then we find that women are more willing to stand. Where they think that it's just the same old as usual, they're less likely to put their names forward, even if that soft approach is made as well. So, I think the two things work very strongly together. On their own, they're still worth doing, but together they're very effective, we've found. 

Thank you very much. And just my very last question, which is very quick: Welsh Labour submitted written evidence and said that they would be willing to publish their diversity and inclusion strategy once it's finalised. Is this something that both of your parties would be willing to do as well?

I believe we already have done so, as far as the UK Conservative Party goes. But, yes, absolutely. 

I know that Plaid Cymru is writing a diversity strategy at the moment, under the auspices of our director of equalities, so I'm sure that, when that is finalised, it will be published. 

Heledd, do you want to add any supplementaries? No. Before I go on to Darren, you talked about publishing diversity strategies. One of the questions that has been raised with us is data collection and data on diversity. I'm not asking about publishing it, but do you collect that data on your candidates? Do you have the information, which could be used to demonstrate how you actually are delivering diversity? Just a simple 'yes' or 'no', are you able to? If we said, in the Bill, that you are—. Because section 106 of the Equality Act 2010 says you should be publishing it; if that happened, could you do it? Are you collecting that data? So, I'll go through each of you in turn. Tom. 

Yes. In 2021, we did collect that data on candidates. 

Some, partially, yes, in terms of some aspects of diversity data; other aspects I think we would have to relook at our GDPR policy and adopt that. But, in theory, no problem. 

Yes, we do, but it would be anonymised and we'd want it to be as general as possible so that any individual couldn't be identified from their equalities data.

Gaf i ofyn, ydych chi'n defnyddio'r wybodaeth yna, oherwydd mae'n un peth i'w gasglu, ond ym mha ffordd wedyn mae hynna yn creu newidiadau o ran unrhyw strategaeth ac ati? Oherwydd, yn amlwg, rydyn ni wedi gweld mewn etholiadau yn y gorffennol fod yna dangynrychiolaeth o fenywod fel ymgeisyddion. Felly, oes yna unrhyw gamau gweithredu wedi'u cymryd yn sgil y data hwnnw, neu ydy o jest yn rhywbeth rydych chi'n edrych arno fo yng nghyd-destun y Bil hwn? Efallai os fedraf i ddod at Jo yn gyntaf.

Could I ask whether you use that information, because it's one thing to gather the data, but then how does that actually lead to changes in terms of any strategies and so on? Because, clearly, we've seen in past elections that there is under-representation of women as candidates. So, are there any action points that have emerged from that data, or is it just something that you're looking at in the context of this Bill? So, perhaps I could go to Jo first. 

Thank you. So, yes, we do; we do collect the data and we do act upon it. So, when we've collected that data, what we do is that we look, for example, at where we've had a lack of female candidates coming forward. We'll see what we can put in place to encourage women to come forward in that particular area, what support we can offer and what we can do to learn from it. And after each of our selection processes are finally finished, we have a debrief with people who were successful or unsuccessful about their experiences, and that then informs future selection processes so that we're constantly learning and evolving about what those barriers are and we can make those adjustments to the internal processes to encourage as much diversity as possible.

12:25

Thank you. Yes, absolutely. So, obviously, like I said, we collected some of that data in 2021. Our aim then was to build up an approved candidates list, as I've talked about, that was as diverse as possible. But, ultimately, the selection of candidates we very much leave up to the membership; we don't prescribe to them. We obviously say that they should always strive to select a wide selection of candidates, but, ultimately, the members cast their votes from the pool that we give them. We strive to give those members the largest pool of possible candidates to choose from.

Felly, ar hap fyddai unrhyw beth yn digwydd—does yna ddim dysgu. Os ydych chi'n bryderus does yna ddim digon, dywedwch, o ferched neu unrhyw grŵp arall sydd wedi ei dangynrychioli, does yna ddim unrhyw fath o newidiadau yn cael eu gwneud yn sgil y data hwnnw?

Therefore, anything would happen by chance, essentially. If you are concerned that there aren't enough women, or any other under-represented group, there are no sort of changes made as a result of the data that you hold?

The data is used in terms of, we would then outreach to them after the election, and obviously we saw what the results were, so we would then say to some of the group, 'Look, what were the challenges you faced? Why, if you felt that you weren't able to—? You know, you didn't get selected, well, why didn't you get selected?' And then we feed that back to those outreach groups that I've talked about to say, 'Look, these are some of the concerns raised. This is what we need to address in the future.'

Diolch yn fawr iawn. Geraint.

Thank you very much. Geraint.

Ar un lefel eithaf syml, dŷn ni yn defnyddio'r data yna er mwyn sicrhau bod gennym fenywod yn y llefydd ar y rhestrau sydd wedi eu cadw ar gyfer menywod. So, ar y lefel yna, yn bendant. Ar ôl etholiad y Senedd cyn diweddaf, wnaethom ni sylwi fod yna ddiffyg menywod oedd yn sefyll yn y seddi ymylol, ble roedden ni'n gobeithio gwneud yn well. So, ar ôl dadansoddi'r data yna, fe wnaethom ni fynd drwy, a dechrau, proses o efeillio 20 etholaeth ar gyfer etholiad y Senedd ddiwethaf. So, mae hwnna'n enghraifft o sut dŷn ni'n defnyddio’r data. Dwi'n meddwl mai beth fydd yn dod mas o'r strategaeth sy'n cael ei hysgrifennu ar hyn o bryd ydy sut y gallwn ddefnyddio'r data mewn ffordd mwy dwfn a mwy clyfar go iawn. Ond dŷn ni yn y broses o ysgrifennu hwnna nawr, so, gobeithio, byddwn yn gweld hwnna'n datblygu dros y chwe mis nesaf.

On one simple level, we do use that data in order to ensure that we have women in the places on the lists that are reserved for women. So, at that level, certainly, yes. After the election of the Senedd before last, we noticed that there was a lack of women standing in the marginal seats, where we were hoping to do better. So, after data analysys, we went through, and started, a process of twinning 20 constituencies for the following Senedd election. So, that is an example of how we use the data. I think what will emerge from the strategy that's being written now is how we can use the data in a smarter way. But we're in the process of writing that now, so, hopefully, that will be developed over the next six months.

Yes. Can I just turn to the matter of costs and preparation for the introduction of any changes that might be introduced as a result of this Bill? So, obviously, we know that each of the political parties has done work on trying to promote diversity, but we’ve heard evidence from various organisations, in both written and oral evidence, that some of the barriers that are faced by women and others with protected characteristics can be financial: things like transport costs, childcare costs, work—income forgone as a result of people taking time out to campaign on the campaign trail—et cetera. To what extent does your party help with costs like that, and, if it doesn’t, do you think it would be useful for there to be some funding available in some way?

There’s no provision in the explanatory memorandum at the moment for this Bill for those sorts of costs to be supported, but we do know that the Welsh Government did put money aside, and still does, to support people with disabilities to come forward for election, particularly at local election campaign time. So, I don’t know who wants to start, but that might be a model perhaps—I don’t know—for trying to overcome some of these barriers. Is that something that you think we should reference in our report, and, if so, how would you tackle it? And I don't know who to come to first. Geraint.

12:30

I'll go first. Will there be extra costs to the party because of this Bill? Limited, I would think. Where I think we could potentially look at improving diversity and this type of thing is very similar to what was passed in PPERA, the Political Parties, Elections and Referendums Act 2000, which allowed for a policy development grant to all non-Government parties in Westminster, which gives the parties a grant in order to develop policy. And if you were to start to look down that route of potentially looking for money to enable mentoring programmes, that I think would be a useful exercise. I don't prejudge where it would go, but I think it's certainly something that could be looked at. Political parties are voluntary organisations. Despite what's in most of the media, we're not flush with cash most of the time; certainly not at constituency levels, anyway. They are struggling and make money on coffee sales and coffee mornings and so on. So, there's not huge amounts of cash there for paying for costs for candidates.

In certain cases, candidates' costs have been covered to a degree by local parties, especially when you come to some of the more unusual costs—travelling, for example. But these are fairly established procedures, and quite rare to a certain degree as well. But I think if you were to potentially look to support parties with their mentoring programmes, then that's something that would be worth a discussion, and I think you'd certainly find the parties open to that discussion, at the very least.

And in terms of support for personal costs for some of the people facing those barriers, you feel that's better dealt with from outside the party system, do you, Geraint?

I'm not entirely sure. I mean, some of the—. The example you gave around disability is an interesting one that also went through Westminster, and that seemed to have a big impact with some people that faced severe challenges in order to stand. And I can think of people that it enabled them to stand for the council elections who wouldn't have stood otherwise, and I think that can only be a good thing. Where we take that, if we're talking a larger group of people, I think is something that would need to be considered quite carefully, and to keep an eye on the actual costs involved as well, and I think, because I mentioned political parties, we would have to fund that cost, and that would potentially be an issue, if you're talking around costs.

So, at the moment, I've talked about outreach groups, a lot of them have pots, as it were, pots of money in place to help candidates if one of the barriers to them standing is financial, be it transport costs—you know, if you're aspiring to be the candidate for Ceredigion or Dwyfor Meirionnydd, there are significant transport costs there, perhaps—or, as you mentioned, childcare. So, we have groups, one that we have is called Women2Win, and they issue grants and funding and support to women candidates who are struggling, and that could be for any reason. But, yes, of course, that money is from donations. As Geraint says, we get our donations from a wide pool, as everyone will be aware, but it's from everything from large donors to coffee mornings. So, yes, of course, we will try and help out, but there is only a finite amount available.

And what about resourcing to help parties with outreach to under-represented groups? Is that something that might be helpful?

Of course it would be helpful, yes, but I think there comes the wider issue then of the cost, the cost of this whole legislation and these proposals. It could be, 'Yes, it would be lovely to have that money available to us to do that outreach', but then that's adding more cost to the whole bill.

So, financial barriers to standing is something that we already look at internally in the Labour Party. When we were sort of crafting our most recent selection procedures for the Westminster elections, we spoke to our women's network, women's groups within the Labour Party, about what those barriers were, and particularly the financial barriers to standing. One of the things that we did was make the selections shorter, therefore limiting their costs. We also have a spending limit in terms of our internal selections and a limit on what people can spend in internal selections. And we'd certainly look at what further support we could offer. As I said earlier, we're constantly looking to adapt and change our selection procedures to break down those barriers with groups. So, that's what we do already, so this is something that we already take into consideration in terms of the financial barriers to candidates standing, and we take appropriate action to mitigate those factors as much as possible.

12:35

Thanks. And, obviously, I'm more familiar with the process in my own party in terms of checks that are done on candidates before they are selected, but presumably those checks, in the Conservative Party, anyway, wouldn't change too much, Tom, although you'd want to have a better picture of where the women candidates were, I would suspect.

Yes, absolutely. But, of course, as you point out, there are certain levels of checks we can do. A researcher can put someone's name into Google, that's one check; that doesn't cost much. But if you're then starting to go down the avenue of further background checks on them, any court appearances, anything like that, it starts to add up. So, yes, we do basic-level background checks on candidates at the moment. I can't remember the exact cost of it, but we charge candidates a fee to be on our candidates list. That goes towards that plus training. That covers the costs of administering the whole process, but also training.

Yes. And any new checks that you might need to introduce, Geraint?

No, I can't think of anything. We do a very similar type of thing, we also do a Disclosure and Barring Service check, and that cost is borne by the candidate.

We're not talking huge amounts of costs there. I can't see that this would require us to do any further checks—what you're proposing here—than what we already do.

Can I ask this question? I'll come to you in a second, Joanna, and you can pick this up in response to the same question, if you like. What about this issue of self-identification as a woman? Do you keep a record, as parties, of those people who are male, female or self-identifying as a man or woman? Presumably that would be new data you'd be wanting to capture. I'm not aware that it's captured by the Conservative Party, certainly. Geraint. 

We do take action already around ensuring that women have certain places on the list, so we know that data.

Yes, but for the purposes of those lists at the moment, do you allow people to self-identify as women, so non-biological women—

We don't ask for any evidence that they are of that sex, no. We just assume that our candidates are honest people.

I'll take the first part of the question about limits and checks on candidates generally. So, we do have limits on party membership: you have to have been a party member for a certain amount of time. We do do checks on candidates, and then that forms part of the interview process to be on our wider panel, which I mentioned earlier, as part of the selection process. But similar to what Geraint's just said on self-identification, no, and I don't quite know what would be a practical or reasonable step beyond that.

And, presumably, you'd welcome some guidance on some of these things, would you, statutory guidance that you can use to help you comply with any new arrangements that might emerge as a result of the new law in this area? Joanna. 

Is that to me? Sorry, it's quite hard to tell online. We've said all along that we'll comply with the law in this legislation, and we'll look to see what's published and we'll comply with that.

But would you like some clear guidance as to the questions you can and can't ask of candidates, and whether you should accept something on face value or not? Those sorts of things.

I think it's a difficult question to answer in the hypothetical. It's very difficult to answer a hypothetical question on what might be proposed, but I think, as has been said, beyond self-identification, I'm not quite sure what is practical, but, again, it's hard to answer that question in a hypothetical. We need to see the Bill and we need to see any guidance before we can respond to that in full.

Well, we've got the Bill as it is. Would you welcome any guidance, Geraint, Tom?

12:40

Very similar to Jo, I would say that I think it's something that will occur afterwards. The Electoral Commission has already got a lot of experience in looking at electoral law and providing guidance on electoral law. So, I would expect them to do a similar job for this election as well.

And just one final question, if I may, and that is: do you think that the Bill, as it's currently written, would influence the number of candidates that your political parties might stand in an election, at all?

To a degree, yes, because it changes the number of elected Members. So, yes, we will change to reflect that, but we will fill all of our allocated potential candidate slots this time, as we did for the last time.

So, it's not going to stop you filling all your slots—that's the question, I suppose is a better way of phrasing it.

No, it certainly wouldn't stop us, but that's not to say that it would be easy. And, going back to your previous question, certainly, we would welcome very clear guidance on the identification and who we are looking to put forward. So, yes, we would very much welcome that. But, no, I'm not saying to you now that we would, for a minute, say that we would go into an election without a full slate of candidates.

And presumably, you'd be the same, Joanna, in the Labour Party.

Absolutely, yes. We'd want to go into the election with a full slate of candidates and that would be our intention and our plan.

And I believe the last set of questions is for Heledd.

Okay. I'll finish the last question, then. Data protection. I think Tom has already mentioned GDPR. Is this Bill going to incur more difficulties with GDPR and are your parties in a position to ensure that the GDPR protections will be maintained during the process? You've highlighted that there'll possibly be additional information that will be required. So, I suppose the question is simply: are you looking at the GDPR aspects of your systems to ensure that you're going to be compliant? I'm assuming a simple answer will come.

Well, the simple answer for everyone is 'yes'. I mean, GDPR is part of data protection law and we comply with the data protection law. I referred earlier to our need to train our constituency secretaries or the people running the election locally, and as part of that process, we'd have to change our privacy policy and data protection agreement that they sign, which, at the moment, basically says, 'These people are members of a political party. Do not share this data with anyone who is not entitled to receive it'—I'm paraphrasing it. We would, obviously, have to include in that, as well, elements around sex, so that those protected characteristics are also protected in our privacy policy. But that's a legal change to our privacy policy, and our local officers will have to agree to that if they wish to hold that role at a local level.

So, it's very much involved in a training exercise, as well. 

There is certainly a training exercise. I mean, under our data protection, we give training on an annual basis to our local data protection officers, just to refresh it for a lot of them, because they tend to do the job for more than 12 months. So, that will become part of that process then.

It wouldn't cause us a particular issue. Whenever we issue data for a particular purpose, for example, for a selection, we always issue a data protection thing with that, and we ensure that the data is signed and only used for its intended purpose. But, I think, similar to what has just been said, we'd want to re-issue the guidance to any volunteers or candidates involved in selections, just to ensure that everyone is staying on the right side of the law and is informed.

The only other point I just want to stress is that, as Geraint said and obviously in the case of the Labour Party, we are member organisations and the members, volunteers, do a lot of the heavy lifting on a lot of our processes. And it's already a challenge for them; they are volunteering their time and already we have those who are worried about breaching GDPR, for example, because they just don't know enough about it. I think we're putting a huge amount of pressure on them. I think there needs to be a lot of understanding that it's not just us carrying out these selections; we have professional teams below us within our respective parties. But, as I've said, a lot of our selections, a lot of our—. The party is built on volunteers, and I think the more pressure we put on them, there are going to be barriers and people are going to be discouraged from volunteering. And, of course, I'm talking selfishly, as an effect on the Conservative Party, but it will affect other parties. And the more—I don't want to use the word 'hoops'—the more regulation and laws that they will need to be considering, notwithstanding if they're needed, actually, a lot of volunteers are going to be discouraged from partaking in this, and it will, I think, have a long-term effect. Volunteers and members often become candidates, and I think we're going to then struggle with candidates. If we're struggling with volunteers, we're struggling with members, it's going to dwindle the organisations, and I think that really just needs to be considered. The more laws and changes you put on are really going to have an effect on them. 

12:45

Are there Members with any other questions? No. We have come to the end of our time limit as well, as it happens. So, can I thank you all for coming this morning, and now this afternoon, to our session? You will receive copies of the transcript, so if there are any factual inaccuracies, can you please ensure that the committee clerks are aware of that so we can get them corrected. So, once again, thank you for your time today.

Diolch yn fawr. 

Diolch yn fawr.

For Members now, we'll have a lunch break, and we'll reconvene at, let me check, I think it's 1.30 p.m.

Gohiriwyd y cyfarfod rhwng 12:46 ac 13:36.

The meeting adjourned between 12:46 and 13:36.

13:35
6. Bil Senedd Cymru (Rhestrau Ymgeiswyr Etholiadol): Sesiwn dystiolaeth gydag academyddion
6. Senedd Cymru (Electoral Candidate Lists) Bill: Evidence session with academics

Can I welcome Members back to this evidence session today for the committee? We go into our final evidence session for the day and the evidence session with some academics. Can I thank all academics who have given written evidence to us? Thank you very much for that. Perhaps you'll like to introduce yourselves first. I'll start with Dr Gomes, who's in the room.

Dr Larissa Peixoto Vale Gomes 13:37:01

Diolch. Prynhawn da to all. My name is Larissa Gomes. I am from Brazil originally. I have been in Wales for three years nearly, and have been doing a lot of work on Wales for a while now, but now moving to the University of Edinburgh. So, thank you for inviting me to this session, it's a pleasure to be here.

[Inaudible.] Professor of gender and politics at the University of Edinburgh.

Hi, I'm Mona Lena Krook, I'm a distinguished professor of political science at Rutgers University in the United States. I'm actually joining you from Addis Ababa, where I'm working with the United Nations Committee on the Elimination of Discrimination against Women on equal and inclusive representation of women in decision making. So, it's a very appropriate time to be having these discussions. Thank you.

Thank you. And for the record, Professor Rainbow Murray has sent her apologies because she's not well. So, we'll go straight into questions, if that's okay with everyone. Members will probably ask who they wish to answer their questions. We'll start off with Sarah Murphy.

Thank you very much, Chair. Thank you all for being here today. I can't hide how excited I am about this and how much of a fan I am of all of you, so thank you all for being here. I'm going to start with the general questions. So, can I ask all of you to outline in general your views on the Bill's provisions that we're currently looking at for Wales? As you're in the room, Larissa, I'm going to come to you first, if that's okay.

Dr Larissa Peixoto Vale Gomes 13:38:44

Yes. My general views on the Bill are very positive. I think it lays out a very solid mechanism for improving the representation of women in Wales. I also think it's important to consider this beyond an idea of a shortcut or something just as a remedy. I believe gender quotas are just something that should be done as a rule to create representation that is proportional to our systems. This is something that is relevant to all countries—the gender quota, women and men in proportional representation in their Parliaments. I think there are a few little bits that could be worked on, which I've put in my written evidence, but in general it is a very solid mechanism, yes.

Thank you very much. And Professor Kenny, if I can come to you next.

13:40

Just to echo Larissa's comments, I think, with this Bill, Wales joins a large number of countries around the world that have moved to the adoption of legal gender quotas to secure gender equality, and there is an extensive evidence base around the impact of quota measures on women's numerical representation, but also on political institutions more broadly, and how they're perceived, and what they do.

I think the threshold of the Bill—the candidate threshold of around 50 per cent—is also really important, substantively and symbolically. Quotas are more effective if they have high thresholds, if they fit the electoral system that they come alongside and if they are accompanied by sanctions for non-compliance, and I think this Bill has those elements, which have been identified in the wider literature as essential. 

I also think the timing of considering this Bill is important, and that's the last thing I'll say, which is the importance of considering this alongside the wider discussions around electoral reform, and that it's important that, with the intended changes to the size of the Senedd and the electoral system that are being discussed, quotas are integrated as part of that discussion, because, without that, I think, given the wider trends in candidate numbers et cetera, there's a risk that Wales, which has had a leading representation on women's representation, might see fallback or stagnation in those numbers.

I would just concur with my colleagues. In addition to the fact that so many countries have instituted legal measures—at the last count, I think it's 93 countries; obviously, a very large group of countries have decided this is really important—the 50 per cent is also really crucial. One of the things that we're working on in this general recommendation is to solidify the commitment to gender parity, to argue that it's already embedded in all of the international commitments that states parties have made, and that it's really important to think about this as a permanent measure, as a permanent feature of political institutions, and I think legal constitutional measures are really the way to do that, to fully reflect the societies that we live in. There'll be other things to say, I'm sure, but I just want to reiterate that I think this is great.

Thank you very much. My second question, then, is: can you outline your views on whether legislative gender quotas are needed, or whether you think that actions that political parties can currently take voluntarily are sufficient? And if you're able to give us some examples, based on the research that you've done, that would be very helpful. If I can come to you first this time, Professor Kenny.

I think it's a really important question, and certainly the trend internationally, as Mona's highlighted especially, is that countries have moved from an incremental track of depending on party action, to a fast track, trying to ensure equality of results. And I think, in terms of the headline figures—of course, in Wales, they've been very high over time, achieving gender parity, or better, at certain points—what is underneath that is that, also, levels of women's representation have varied significantly across parties, they've fluctuated over time, and the headline figures are largely as a result of voluntary party quotas used by some parties. And certainly, from where I do my research in Scotland, we see similar trends in terms of variation across parties, and also setbacks and reversals over time. So, I think those kinds of patterns reinforce the need for legislation.

Voluntary party quotas only apply to the parties that choose to adopt and implement then, and that means, again, that overall numbers can fluctuate and you can see setbacks over time. Legal quotas apply to all parties, and I think, crucially, ensure that representation is everybody's responsibility.

Thank you very much. Professor Krook, did you want to come in next?

Yes. I would just like to reiterate that point, because we see there are some countries where party quotas, or voluntary quotas, have been extremely effective—places like Sweden—but that's because almost all the parties have adopted the measure. And so, in the absence of a context like that, where all parties want to make this commitment, they want to implement this commitment, I think that legal quotas are really the best mechanism, because it ensures that all parties do it. It also provides a means for imposing sanctions for non-compliance. So, with a voluntary quota, it's just voluntary, so if a party wants to ignore that commitment that they made, they're free to do that. And I think, also, a legal measures allows us to think about specific details about what's required by the measure. The idea of alternating between women and men candidates is something that, if you put that in the law, is part of the expectation of compliance with the measure. With a voluntary quota, some parties might commit to that, but they may not, so I think just for a more solid way to institutionalise this commitment to parity, legal quotas are really the way to go. 

13:45
Dr Larissa Peixoto Vale Gomes 13:45:28

Not only reinforcing what Meryl and Mona have mentioned, that legislative quotas do apply to all, but beyond that, it also demonstrates the commitment by the nation to gender equality. That is set out in the Well-being of Future Generations (Wales) Act 2015, so I think that is something to consider. But also, on the voluntary quotas, in Sweden, they are at different levels for different parties, so it shows different priorities. It is something where Sweden also culturally has a different perspective on legislating these types of rules. I think parties have other ways of creating gender equality, and we can talk about internal party democracy all day long—one of my favourite topics. But the legislative quota itself does create this idea that it is a nationwide commitment. It enforces diversity of representation in terms of ideology, so that is an important aspect. And you can also discuss the possibility—and I’ve seen this in the panels prior to this one—around financing, and how that can be supportive of increasing diversity. But it is not an either/or. It is in tandem.

Thank you. Have you had any engagement with the Welsh Government in the development of the gender quotas model outlined in the Bill?

Dr Larissa Peixoto Vale Gomes 13:47:11

I've had engagement with the Welsh Government on electoral administration reform, so it does touch on some topics of gender quotas, but not specifically. I wrote a report in 2021 and I do talk about violence against women in politics. As I put in my written evidence, that is something that has to be thought of and discussed, because when you change the power dynamics, there is the danger of backlash, so there is the danger of some form of violence in the violence spectrum. I do think that the Bill could introduce provisions for that, or another Bill could do that. But on gender quotas specifically, and the mechanisms specifically, no, not with the Welsh Government. But I do have this report and it does bring in some solutions to some of the problems that have been discussed here.

Thank you very much. Can I put the same to Professor Kenny and Professor Krook as well, please? Have you have any input into the legislation with the Welsh Government?

Certainly Professor Krook and I several years ago gave a technical briefing on gender quotas to the special purpose committee, and have also sent literature and various studies to the Welsh Government team around the evidence on gender quotas, as have many colleagues working in this area.

In addition to that, I also had a meeting with the women's cross-party group, as I believe it's called, and they specifically were interested in the question of how to incorporate diversity amongst women in the Bill or the proposals. I spoke about intersectional quotas, how you can include gender parity within the provisions made for other groups, and ways in which to incorporate diversity into quotas for women.

Thank you very much. My last question is this: a lot of my colleagues will go into more detailed questions, but in general, are you able to outline any challenges that may arise as a result of implementing the Bill's proposals? Larissa, I'll come to you first because you've already touched on this a bit and it's in your written evidence as well.

Dr Larissa Peixoto Vale Gomes 13:49:31

I did talk about violence in the evidence, and I do talk about specifically a possible issue with the single-person list and it being mandatory to be a woman. I do think that it is something to be reconsidered. I think on job sharing when you are zippering, you need to consider how that will affect the quota if job sharing is included. I've written evidence with Professor Laura McAllister on this, on the best ways to create job sharing. If you are creating an entity that is men and women, that would be fine, but if you're creating an entity that is two women or that is two men, how are you going to count that? I think that is something to consider. We have also, and I've seen this discussed throughout the day, the gender binary. So, how are we also going to discuss non-binary persons, trans women, trans men and that diversity of inclusion? These are possibilities that need to be thought of. 

I've also included the pipeline, which is something that I do talk about in that other report, and how that pipeline works. The Bill is talking about the national level, and that is because the electoral system of Wales is defined here nationally. Each local government can decide their own electoral system, but that means that we need to consider where these women will be coming from and their training and socialisation. If they are not being included at the local level, how are we bringing them up to the national level? These are the points that I made in the written evidence, and I'm happy to discuss them further. 

13:50

Thank you very much. Professor Krook, if I can come to you next.  

I think that Larissa has made some really great points. Sorry if there's some noise coming from behind me. I think that the issue of the gender binary is very important and one that I have been thinking about a lot. And I think the job sharing one is a really great point. I think that in some countries, there are issues of if someone is a substitute, should they be of the same gender or of a different gender. I think that that is a really important point, because we don't want to have a mechanism that's intended to increase women's representation and undermine it because a women is replaced by a man. So, I think that's very important. 

I would again highlight what Larissa said about violence. I think abuse and intimidation is a huge problem. Maybe that doesn't belong in this legislation, but I think it's always important to think about complementary initiatives that could be done, because all of this is about ensuring that these measures actually mean something and that women can have a full and equal voice in political life. We need to think about all the ways that we can make that happen.

In terms of challenges, I think one thing to bring in also, and that we may discuss later, is the cost for political parties in terms of transitioning to different ways of organising and selecting candidates in terms of electoral system change. Some parties, as identified, have experiences of implementing quotas, and others do not. What I would say alongside that is that what might help mitigate some of those challenges is some of the other recommendations in the special purpose committee report, and in previous reports, especially around transparently tracking and publishing data on the diversity of Senedd candidates, and encouraging parties to publish equality, diversity and inclusion strategies. I think would help mitigate. There might be some short-term start-up costs, but that would help mitigate in the long run and facilitate implementation, monitoring and refinement of quotas over the longer period.  

Thank you. Can I thank you for the written evidence, which was very, very interesting from all three of you? As you know, this Bill is going to allow people to effectively self-identify their gender for the purposes of being a candidate. You've already made reference—I think it was you, Larissa, in the first instance—to the challenges that that could potentially pose, and you refer to them also in your paper. Do you just want to expand on those, and whether you think it might be more straightforward to address the imbalance in biological gender in the Senedd in a way that is a simple 'male or female' statement that people might want to make? 

Dr Larissa Peixoto Vale Gomes 13:54:46

It is a very complex issue. When we're talking about proportional representation and zipper quotas, it is much easier to think of the gender binary. I have said in the past about other types of quotas. I come from a country with large groups of minorities. So, for instance, for Brazil, I would be supportive of reserved seats for indigenous populations. I think this is something that can be considered for Wales, maybe in another Bill or research, but the quota system is very difficult to input that, because then you are thinking, 'Well, now, how are we going to base this, in terms of diversity, in terms of data?'

The data we do have is the last census, which I think put the LGBTQI+ population of Wales at 2 per cent or 3 per cent. But that is very difficult, because the census in the UK is not anonymised, so you're essentially asking people to out themselves. So, for people who are not comfortable doing that, we don't know. So, we don't actually know that percentage for Wales—we don't know people who are non-binary, we don't know people who are trans, fully. So, I think asking people to self-identify is very important.

What is a possibility and would be incredibly innovative—I've never seen it anywhere—is to consider gender non-conforming. We are aware that the majority of representatives worldwide are men, are cisgender men. So, if we are considering a quota that is cisgender men in comparison to non-cisgender men, that is another binary that could be thought of. The majority here would be cisgender women, because we are aware that that is the percentage, roughly, in Wales. But it does assist in how you develop the quota.

However, we also have these challenges to the quota on the basis of equality legislation. The Bill right now is written as a percentage of women, and I mention in the evidence a suggestion from other countries that have spelt out quotas as 'either sex', to bypass the idea that this is protecting one sex or the other. So, it is not a protection of one sex or the other, it is the protection of equality.

I think there are other innovative ways to think about things; I just think it is a matter of doing the research for it. It is complicated—I won't tell you it isn't. And I do mention self-identification with a gender recognition certificate, or bringing your own ID. I saw people earlier saying that it's not for them to state what is a woman and what isn't, but we are aware of cases in other countries of cisgender-identifying men who have identified as women as a protest, and you can definitely include this in symbolic violence: just to demonstrate, if I want to then 'benefit' from this, then I can just say I'm a woman and nobody can tell me I'm not. So, it is something to be careful of, yes.

13:55

I saw your comments, actually, that you think that some sort of ID should be attached to the candidate registration process, so the candidate is required to present ID. Do you think it would be more straightforward and easier, therefore, to have 'I'm either a man or a woman in my identity' documents? So, legally recognised as a woman, rather than a—.

Dr Larissa Peixoto Vale Gomes 13:59:11

'This is how I have chosen to self-identify, it is in my identification, including in the gender recognition identification.' Again, I am very used to using identification. I know that, in the UK, just having an ID and presenting it everywhere is not a very common cultural trait, and people are very taken aback about having to use ID to vote, for instance. But if you are requesting that for voters, then it should be very straightforward to request that from your candidates and your elected officials. If you include trans men and non-binary people in that, then I wouldn't see a problem, but it is, of course, for the legislators to discuss. 

14:00

Thank you. Professor Kenny, do you have any views on this matter?

Yes. Just to add to that, I suppose, as Larissa said, there are different ways of formulating quota laws—some explicitly mention women, some do kind of 40:40:20 ratios around the under-represented sex or either sex; it depends on the context. But, in other countries, electoral authorities do play, and have played, an oversight role validating that parties' candidate registries comply with quota laws, which includes confirming that candidates are in the appropriate spot, based on their sex. But the mechanisms for doing this need to fit their wider context, I think—both the electoral system context and the wider legal context. And here, I think it's a question for the Senedd in terms of wider discussions about competence and legal guidance on protected characteristics in relation to the Equality Act 2010, and I don't think, therefore, that I can speak beyond my expertise as a political scientist rather than a lawyer on that point.

I just wanted to weigh in on experience from Mexico, which I think might be one of the cases Larissa was referring to. So, they have a 50:50 gender quota there currently, and the way that the electoral court is recognised is in terms of self-identified women, so they can bring cases on the basis of discrimination as a woman, even if they were assigned male at birth. But there was an instance, in the most recent elections, where a group of men claimed to be trans women so that the party could get around having to actually have 50 per cent women and men candidates. But I think the solution of self-identification with a verification, I think, along the lines of what Larissa mentioned, is a smart one, because it's about, 'Have you taken the steps? Do you live your life as a woman?' So, I think that sounds right. I'm not sure of the situation in Wales about how easy it is to do that, to simply register, come up. Some countries in Latin America, you just show up and they change your birth certificate for you; there's no medical certification or any sort of waiting periods imposed on that. And so, if there is a direct mechanism for voluntary self-identification and changing of identity documents, I think that is a good supplementary measure to ensure that.

I think the issue of gender non-conforming people, or the idea of using sex or gender in the legislation is an interesting one, because, of course, sex and gender are different things, right. So, is it a biological or a social difference? If it's on the basis of gender, then, you know, cisgender or trans people—. I think it's less of an issue in terms of the—. Self-identification seems to be a very straightforward way to do that. So, yes, that's what I'll say.

And can I also ask—? You mentioned Mexico just there; we know that many countries obviously use quota systems. Are there any that are similar to the one that's being proposed by the Welsh Government here?

Dr Larissa Peixoto Vale Gomes 14:03:31

Yes. I've had the opportunity recently to review the Portuguese system, and it is the same system: it's a zipper system, but also with the horizontal parity. So, it is the exact same system, with the sanctions that I propose in my written evidence, which are, if the list is not compliant, the party is asked to resolve it, to fix it, and if they don't then the list is removed from elections; it can't be voted on. I believe there might be others, but the horizontal parity is, I think, an innovation of recent years.

Any other comments about very similar—? Yes, Professor Krook.

Yes, I did want to weigh in on that. So, in the case of Tunisia, they had a 50 per cent gender quota; it was introduced in the wake of the Arab Spring. And for the parliament, it didn't work as well, because it was only a vertical, so it was because parties tended to top their list with men that it ended up electing only about 25 per cent women into parliament, even though they had 50 per cent women candidates. But when they introduced the horizontal parity provision together with it at the local level, it was like 49 per cent women elected. So, it's really crucial, I think. Vertical and horizontal parity is very important, and I think other international evidence will support that. 

14:05

Vertical and horizontal is important in order to achieve that parity. Because, obviously, it's interesting—when I've looked at the evidence of where quotas are in play, obviously, even where there are quotas on candidacy, very often it's still a male-dominated Parliament that results. Obviously, that's an attempt to try and address that problem. 

On the face of the Bill, it says that you need to, at the point that you become a candidate, declare whether you are a woman or not a woman. Is that an appropriate question to ask people, or is there a better question in order to try to achieve the aim of this Bill, which is to deliver gender parity? I'll come to you, Professor Kenny, first, I think. 

I suppose it's a question again, I think, that comes back to the legal context and how things can be asked, in what context. It’s also, I think, in terms of the Bill, about at what stage that happens, and I think there I would come back to the point about what the role of parties is in monitoring and gathering diversity data and reporting on that. So, I think there’s also a question of where that reporting happens, and whether in this Bill this is the right process through which that might happen. 

Dr Larissa Peixoto Vale Gomes 14:06:31

I'm technically not a professor—

Dr Larissa Peixoto Vale Gomes 14:06:34

I'm a researcher—I don't teach. Just so I don't take the credit from my colleagues who are professors. So, I do think the self-identification, 'What do you identify as?', is an appropriate question, but, again, like Meryl, I don't understand the legality of what you can ask or not. I'm a political scientist; I'm not a lawyer. So, I think it is to consider, within the legality of the UK and of Wales, what can you ask. But, in terms of appropriateness, of gender equality, what do you identify as. And you also see many questions of, 'Were you identified as male or female at birth, do you maintain that identification?' So, there are various ways of asking this, to be appropriate. But, again, check the legality with a solicitor. 

One question I will come in on on what Darren has been asking is—have you done any work on research as to the impact upon individuals having to declare that themselves? Because there is a question as to some people may not wish to declare that, and what that might mean, and the consequences of that. 

Dr Larissa Peixoto Vale Gomes 14:08:05

I don't have that kind of research. I think that would be appropriate to ask psychological researchers, or psychology researchers, who are doing work in that field. I think it is really about not forcing people to come out if they are not ready to do so, but it is an understanding of what rights you do have, when you do and when you don't. 

And Professor Kenny, in a similar sense—. I know it's a social issue, but clearly it has an impact upon the political perspectives of some people, and whether they wish to stand as a candidate as a consequence of that. 

Yes, I think, again, it goes back to whether the mechanisms in the Bill align with the electoral—. So, where these questions should be asked, and of whom, and, with the wider legal context, how they can be asked. But it is the case, again, that, in other countries, electoral authorities do play some of this oversight role in terms of confirming that candidate lists comply with quota laws, including in terms of whether you're in the appropriate place based on sex. So, that is built into it. But I'm not aware of specific research evidence in the political science field around declaration in relation to that. 

Okay, thank you. And Professor Krook—it's nice to see you back. Is there anything you want to add to that or to answer Darren's earlier question?

Yes, sorry—they were starting a meeting; I was in a hallway and I had to find another room to come into. No, I would say that this is a really new frontier, and I think this is an opportunity for Wales to really set the tone for other countries that will come afterwards. I think it's very common for, in many countries, when you register a list, you have to put their birthday, for example, where they live, sometimes even their profession, right. So, I think that's like the data collection that normally happens when somebody is presented as a candidate, whether there are quotas or there aren't quotas. It seems to be, really, the only way to verify that the quota’s being implemented properly, as Meryl mentioned.

14:10

Just one final question, if I may, and it's back to what you said earlier on, Larissa, about vacancies. So, there's nothing in the Bill here that would require—. At the moment, if there's a vacancy in the Senedd, with the other reform Bill that's currently going through the Senedd, then the vacancy will be filled by the next person on the list. So, that could change, obviously, the make up of the Senedd into—. Well, it's likely, not necessarily, but it's likely, to change the gender parity in the Senedd because, if we have zipped lists, and most of them are man-woman-man-woman-man-woman, or woman-man-woman-man-woman-man, then it will tip one way or the other on that vacancy being filled. Do you think that this Bill should be amended to address that issue?

Dr Larissa Peixoto Vale Gomes 14:11:22

Yes. So, I've added in my written evidence a suggestion on how to do that, which is, essentially, if a woman resigns—

Dr Larissa Peixoto Vale Gomes 14:11:33

The next woman on the list, yes. And, actually, on my website, I've designed an illustration to demonstrate the man-woman to demonstrate what those lists look like. So, in the future, we can use those, because it's—.

Thank you. And any comments from other witnesses about that? Yes, Professor Krook.

I think it's interesting. So, globally, there's been a really interesting trial-and-error process to work out some of exactly these cases, and when this started happening in a number of countries, either because a woman resigned, or there was some other reason she was replaced, and then maybe replaced by a man, it affected the overall gender composition of the assembly, they did change the legislation or there was jurisprudence that was created to say that a women had to be replaced by a woman and a man had to be replaced by a man. So, that's very much in line with international practice, as it has developed over time. And so that seems like a—. The idea of it's the next person on the list, but the next person on the list of the same sex, would, I think, be a good way to ensure that the level of parity is maintained over time.

Dr Larissa Peixoto Vale Gomes 14:12:52

And if I can just add, it's not just the level of parity, but it also diminishes the likelihood of pressuring a woman to resign so a man can take her post. As I've also laid out in my evidence, that violence spectrum can be quite broad, and can go from a pressure to actual physical violence and death threats, which have occurred in other countries. We know Wales is a relatively peaceful country, but you never know what a power differential can do to people.

Diolch yn fawr iawn. We've covered many areas. I just wondered, if we look at the adoption of a minimum 50 per cent quota for women candidates—obviously, you've made some comments there—do you see any risks at all in setting the quota at this level? Perhaps we'll start with you, Larissa, if that's okay.

Dr Larissa Peixoto Vale Gomes 14:13:49

Yes, of course. I think the main issue would be the pipeline that needs to be considered. So, I've added in my evidence the issue of training, socialising, and making sure that women understand that this is a role for them. So, there is evidence, worldwide, that demonstrates that women, even if they are overqualified, feel underqualified, not just for politics, but for most jobs. So, we know women don't ask for raises, women don't ask for promotions, because they don't feel like they are worthy of those. So, this is reproduced in the political field. We also understand the issues of job sharing, childcare. So, it is really about considering that holistic problem, and how we can approach that to really include women in the process and tell them, 'This is for you. We want to hear those voices, and not just women broadly, but the diverse population of Wales as a whole.' So, I think that is the main issue. I don't want to take too much time; I know my colleagues have better ideas than me in this field, probably.

14:15

I'm sure equally great ideas. Shall I go for—? Well, Professor Krook, would you like to come in? 

Yes, sure. We often hear this excuse made by political parties that there just aren't any women, and I just think that's demonstrably false. There are plenty of women out there who are extremely qualified and even having ambition to hold political office. So, I think the question of, 'Is there a pool of women to fill a 50 per cent quota?', I think there is. That's for sure; we have that. 

But I think what's interesting about quotas is that it puts the burden on—. It takes the burden away from women, from having to come forward and do all the work to find a candidacy, to political parties who now have to take a much more active role in recruiting and nurturing women's leadership, and it's in their interest to have really good women candidates, right. So, I think that's what's so important about legal measures in particular—voluntary quotas of course, but also the legal measures, really, because it shifts the focus. 

But, of course, there are complementary efforts to be done by civil society and political parties to grow that pool of women who can stand for office as well. 

I think the evidence in the UK and across the devolved nations convincingly demonstrates that the problem is not candidate supply; it's party demand, and, then, also Wales has achieved gender parity or better already in its history. So, the evidence is there.

I think, in terms of the 50 per cent, what I would say is one of the risks of the threshold, of course, is that, even with vertical and horizontal zipping, you might not achieve 50 per cent, because, of course, it depends on how many seats parties win and where. And that's where I think the mechanism in the Bill around a more flexible, rather than a strict kind of mandatory symmetric zipping system is important, because not all parties will win the same amount of seats on different lists. And especially for small parties, it's important to target particular areas or particular positions on the list. So, actually, this leaves it in the hands of parties to be able to look overall at the picture and see where they might be able to place women, and under-represented groups, in the most winnable spaces. And that also corresponds to the electoral system and the other change being considered around moving to a closed list, where parties have more ability to create a kind of balanced list versus a kind of first-past-the-post system, where it's very difficult to see the overall picture because you're focused on the constituency level of representation. 

Thank you. I may bring Professor Krook and Larissa in just on this point then, in terms of the additional steps. We can't just—. The points you were making were that this isn't the only thing that will guarantee, and there is no guarantee there. So, if you have any additional thoughts, if there are other things that Welsh Government must do to ensure the Bill is successful in its aims. Perhaps if I bring Larissa in first. 

Dr Larissa Peixoto Vale Gomes 14:18:25

I think critics of the Bill will say a lot about meritocracy, and, when we talk about equality of opportunity and equality of outcome, we have a great political theorist in Anne Phillips, who has discussed bringing randomness into elections. So, when we look at our elections right now, here in Wales, we actually know exactly what's going to happen. We know that we're going to get about 40 per cent of women. We are now introducing something to create an approximation of 50 per cent. So, it isn't a guarantee. We want to approximate to 50 per cent. As we've discussed here before, the population of Wales is in fact 51.2 per cent women. So, we are not creating a mirror. We are not creating 51.2 per cent of women in the Senedd. It might actually happen. We might have 52 per cent at one point, or we might have 48 per cent, and that's okay as long as it's random, as long as it's not something that we could predict or happens every time. 

So, in my own country—which is a country I study a lot—in Brazil, we established quotas of 30 per cent and, every year, we have 10 per cent of women elected. So, what is happening there? Is this random? Is this meritocratic? No, it isn't. And then we got, 10 years later, 12 per cent. And then, another 15 years later, 15 per cent. So, that quota is not working. It is not bringing about the equality of outcome. So, I think when you create a mechanism that approximates, then I think that is sufficient. Maybe my colleagues will disagree with me. But when you look at Rwanda, for instance, you have a majority of women in their Parliament, so it's over 60 per cent. Bolivia had over 50 per cent. Cuba had over 50 per cent. As Ruth Bader Ginsberg said once—'When will it be enough women in the Supreme Court in the United States?' She said, 'Well, why not all nine?' Everybody was taken aback. And she said, 'Well, there have been nine men for centuries and nobody thought it was a big deal.' So, I think it's fine, as long as we don't predict what's going to happen every year and it doesn't matter what we do.

14:20

Thank you. Professor Krook, do you have anything to add?

Yes. I think the case of Bolivia was very interesting. So, many countries with a 50:50 law, they often will have—. You know, the number of seats or the number of positions on the list is odd. So, usually the provision only applies to the even number of seats, so, on a list of 11, you'd have to have at least five women. In Bolivia, they said, if there is an odd number of seats, the advantage has to be given to women, so you'd have to have six women candidates of the 11. That was also interesting, because it required every other seat to be for a woman, so that, if you had an uneven number of seats, that would put women at the top of the list, right. It would require women to be the head of the list. So, these small institutional design questions can have a really big impact. That just explains why more than 50 per cent women were elected in that context.

Thank you. Just a final question from me. I'm conscious that we have others that want to come in. Perhaps I can start with you, Professor Krook, this time, if that's okay. Are there any alternative methods that you think we should also be considering to improve the representation of women, or do you feel that all the things would be in addition to this? Just to have your thoughts on that.

I unmuted and then I muted it. Okay, so a colleague of mine has often said that quotas are a very simple solution to a very complex problem. By that, she meant that quotas are just one mechanism amongst many that are needed to achieve greater gender equality in politics. Obviously, there is changing of norms of gender equality in society. There's increasing the pool of women who are available to run for office. But I think, if we're thinking about what the Parliament can do and what legislative measures could do, financing is a very interesting question. We know that to run a campaign requires money. So, there are some countries where there are some financial incentives to parties to ensure that women are elected or the availability of special funds to support women's campaigns. We see that to be a really big barrier. And of course, once women are elected, it's important to have parliaments that have equal working conditions, so good working hours and mechanisms to protect people from sexual harassment—those kinds of measures as well. So, it's really a lot of different things that add up that really create a culture of parity more broadly.

Just to add to that, two things, I think: (1), in terms of getting in, capacity building and training et cetera are important, but there has been a kind of exportation around the world, and my colleague Jenn Piscopo and I have written about this, of a kind of American model of leaning into candidacy. And of course, in Wales, as in most countries around the world, parties. You need to be a member of a party to be selected, in most cases. So, parties are really important here, in terms of not just rules around quotas but a kind of quota-plus strategy, thinking also about party cultures, working practices, financial support for particular types of candidates, when do you have your meetings, what kind of people are in the room—those kinds of things.

And related to that, it's not just about getting into politics, it's about whether you stay there, because you want to retain people as well. And I think, certainly, the move has been to thinking about, as Mona says, the kinds of ways of working within Parliaments and whether they are inclusive. And, certainly, we've just completed a gender-sensitive audit of the Scottish Parliament, and I think that would be—. Internationally, that's one of the prominent toolkits for thinking about inclusion and equality within parliaments, and I think that would be something worth considering. So, thinking about quotas is one part of a wider reform strategy, but an essential and effective part of one.

14:25
Dr Larissa Peixoto Vale Gomes 14:25:45

Yes. I, of course, don't disagree with anything they've said. I think one thing that's important to think about, and that I discussed in my previous report in 2021, is outside violence. So, not just the violence that can happen within the Parliament, but the violence that we have seen on the rise from the public towards politicians. And there is a very different type of violence happening towards men and women, and women have tended to leave politics more because of it. So, to the point that Meryl has just made of staying in politics, I think that consideration is very important.

I think a more structured electoral cycle in Wales is very important. So, I've also mentioned, in that previous report, various ways of doing this, but considering elections just when it's election time does create problems. So, you have to prepare for elections all the time. And I mentioned countries that do so through electoral management bodies and that is, of course, something that Wales has to think what would it require. But data, the collection of data—. So, financing, we would love to see an improvement on financing, on how financing goes to parties, how financing goes to candidates, that sort of incentive to parties that, if they elect more women, they get a higher percentage. But we don't actually know how much money everyone is getting, because that data isn't available freely and in detail in the UK. So, I've tried to do that analysis, for instance, and I haven't been able to. So, somebody has mentioned to me—a former local politician has mentioned to me—that it does exist, but that is not available.

So, open data is extremely important and diversity data is extremely important. I don't think, you know, tell everyone where politicians live—and that has stopped—but, yes, we should know who our politicians are, we should know how much money everyone is spending in their campaign. And as far—. I saw in the previous sessions talking about funding for campaigning, and it really should be considered that this is a job. What would you expect in terms of funding if you are travelling for work? So, you would expect transportation, you would expect childcare. So, then, your shoes, as it was mentioned before, might be a personal purchase, it might be something that you are looking for yourself, because the childcare has been taken care of and the transportation has been taken care of and the technology has been taken care of; you have that provided for you because that is your job. Also, materials, like flyers, and, I don't know, tarps and things like that. So, if you are considering campaigning as a job, what does everyone need, as a basic need, met? And make it easy to access. So, no 12 forms to reimburse; it has to be available when you request and not after you already paid for it. As academics, we all know that reimbursement can be very trying, especially for younger academics.

So, I think it's this type of thing, that, sometimes, we take for granted that we can get an Uber, but maybe a lower income person decides, 'Oh, I can't run for office because I can't pay for the transportation to go campaigning'—and the door-to-door campaigning is still very strong here. 'I can't pay for a social media manager', which, now, is extremely important. So, all of these things are now things to be considered, and they happen year round, they don't happen just during the electoral cycle. And the Electoral Commission office in Wales is very small and very underfunded. So, that's something that needs to be considered, not just for the gender quotas but for that maintenance, for that socialisation, for that education, and for the sanctions, for the compliance, so that the whole thing can be thought of, again, holistically. So, that is, I think, the general answer to that.

14:30

Diolch yn fawr iawn. Dwi am ofyn cwestiynau yn Gymraeg. Mae'r rhain yn canolbwyntio ar gosbau a chymhellion yn y Bil, ac mae'r cwestiwn cyntaf ichi i gyd, os yw hynny'n iawn. Beth ydy'ch barn chi ar y sancsiynau a'r cymhellion sydd wedi cael eu rhoi yn y Bil, ac a ydych chi'n meddwl y byddan nhw'n effeithiol? Dwi ddim yn gwybod pwy sydd eisiau mynd yn gyntaf.

Thank you very much. I'll be asking my questions in Welsh. These focus on sanctions and incentives in the Bill, and the first question is for you all, if that's okay. What's your view on the sanctions and the incentives that have been set out in the Bill, and do you think that they would be effective? I don't know who wants to go first.

Professor Kenny, would you like to go first?

In terms of the wider evidence and where quotas are effective, the biggest headline is that quota rules matter, so having a high candidate threshold—and 50 per cent is a high candidate threshold—but also having sanctions. Usually, sanctions in the form of electoral sanctions—so, disqualifying lists or reordering lists—are much more effective than financial ones. Ireland, for example, has a financial one, but parties are funded differently in that context than others, and a financial penalty would not be effective in Wales. And fines are often ineffective for big parties because they can afford to take the financial hit and just not follow the law, which has been the experience in places like France.

In terms of the oversight of compliance of the quota rules in the Bill at constituency and national level, the Bill is in line with international evidence. It's more likely to deliver. There is a question, and Larissa raised it earlier, about whether it should be electoral disqualification, rather than the kind of random reordering of lists that's proposed in the Bill. But I think one thing to think about is that you want parties to go along with you and to want to do these things as well, or whether you might have a phased implementation of particular kinds of sanctions. 

I will just raise, again, with the horizontal and the vertical zipping, that you still might not get parity out of the equation, depending on where seats are won. And so, even though you can't necessarily regulate horizontal winnability, in terms of what lists women are placed at the top of, I think if political parties can be incentivised or encouraged to consider this as part of their decision making, that would likely lead to more effective results.

Diolch. And Professor Krook, if I can turn to you. 

Thank you. I just want to agree with Meryl about the importance of the electoral sanction. In my own research, you see that if there is no sanction or if there is a financial sanction, these usually create a lot of loopholes for political parties to avoid implementation, but if they are forced to comply, then not surprisingly they do. I think it's really a question of learning on the part of political parties that they want to find good candidates. They want to comply with the law so that it doesn't have to involve any sort of reordering or changing of their list. So, I think that any sanction should really be ineligibility of the list in cases of non-compliance.

What Meryl said about horizontal winnability I think is an interesting question. We know that, in many countries, women will disproportionately be placed in districts that they're not likely to win. So, in the districts that the socialists always win, the conservatives put their women candidates there. In Mexico, just to go back to that case, they introduced a 50:50 gender quota. They have a mixed system, which is lists but then also constituency seats. The law requires them not to place women exclusively in unwinnable districts. And so the way the parties complied with that was that many parties, rather than doing a very detailed analysis, subjected the choice of those districts to a lottery, so then whichever district got chosen for women was filled by women candidates and those that were for men were for men candidates. They ended up with exactly 50 per cent women elected, and now with various adjustments and things like that, it's gone a little bit up or a little bit down over time. But I thought that was a really interesting issue—that maybe that horizontal parity needs to be done on a random allocation basis to ensure greater parity in outcomes.

14:35

Diolch. Larissa, ydych chi eisiau ymateb?

Thank you. Larissa, would you like to respond?

Dr Larissa Peixoto Vale Gomes 14:35:37

I think the sanctions aspect is very important. I think that giving parties the opportunity to comply when they haven't the first time around is fine, as long as there is sufficient time to do so. Elections here tend to be very quick: it is decided when they are going to happen and then they happen in a very short interval of time. I think that has to be taken into consideration. I think that financial sanction, if they don't comply in the first round, in the first submission, is something to be considered. But then, if, in that second round, they still aren't compliant, then definitely inel—. Oh, that is not coming out. I'm going to chalk it up to it being a second language. It makes the list ineligible, definitely. 

I think you can also consider incentives. Other countries do have this: parties that elect more women will get an additional pot of funding, or parties that create training for women get an additional pot of funding. There's also funding for ethnicity, disability; you can also consider other diversity measures. But these incentives—so, you can combine a carrot and a stick—are very helpful in not just securing the compliance of any woman, but also securing the compliance of prepared women and included women within the parties. So, if the parties are taking these measures to include women, then they get a little carrot, which is good. If they don't do anything, they don't get anything, and that's fine, but the list itself should be a strong sanction, otherwise it won't work. I thought the lottery idea was amazing. I hadn't heard of that.

Diolch yn fawr iawn. Mae'r ail gwestiwn a'r cwestiwn olaf gen i ynglŷn â phleidiau yng Nghymru. Oes gennych chi ryw fath o farn neu syniadau ar sut rydyn ni'n gallu cefnogi'r pleidiau yng Nghymru i wneud yn siŵr fod ganddyn nhw 50 y cant yn fenywod? Oes yna dystiolaeth o wledydd eraill, er enghraifft? Dwi ddim yn siŵr pwy sydd eisiau mynd yn gyntaf.

Thank you very much. The second and final question from me is about political parties in Wales. Do you have a view or ideas on how we can support the political parties in Wales to ensure that they have 50 per cent female candidates? Is there any evidence from other countries, for example, that can help us? I don't know who wants to go first. 

Professor Krook, would you like to go first?

I was just thinking that, most of the time, it's about the sanctions—you must sort this out yourself. So, I think that tends to be the solution. But I think something that Larissa said reminded me of some provisions in some countries where, if there's public financing of political parties, there's an earmark that 3 per cent or 5 per cent of that has to go towards activities that support the development of women's leadership and women's political participation. In Finland, there's actually 10 per cent of the party subsidy that goes to fund the women's section of the political party, and so that's to ensure that there are some resources that are allocated to women to empower them within the party structure. So, that might be something to consider. I don't know if that's part of an electoral system Bill, but it might be something to think about as part of a public financing law as well. I believe that's how it is in Ireland. There's the quota Bill, but there's also a finance Bill that was reformed, with their quota about the allocation of funding.

Thank you. We'll come to, maybe, Professor Kelly. I guess it's just thinking about what we can and can't do in Wales, given our system here.

14:40

I think given the differences in party funding systems, some of those examples are useful, but it's a very different kind of context, I think. But I think there are precedents. Many of the parties do already have, for example, training or leadership or other initiatives. Many already have quota measures. I think moving forward on things like data and monitoring of diversity data, and what you see in some other parties in Europe around equality action plans and those kinds of things within parties, so thinking about party culture, would be quite helpful, and if those become part of legislation at some point, that would aid the overall strategies for reform.

But there are some resources in place already for some types of candidates, although not for parties, in terms of access to office for disabled candidates and other things, so there are perhaps models there. And there are some parties—. For example, the UK Women's Equality Party has—or had—party-specific funds for childcare costs for the late-night hustings and other events. So, I think it's about thinking around examples of best practice and whether there are ways to fund or incentivise particular types of behaviour, whether that be through legislation in terms of encouraging reporting and monitoring and other things, or through funding, where that is possible within the system.

Diolch. A Larissa yn olaf.

Thank you. And Larissa finally.

Dr Larissa Peixoto Vale Gomes 14:41:37

I think, along the same lines, I just believe it should be a more systematic approach in terms of organising with parties to build capacity, to build training, to explain not just the Bill, if it does become law, and how it would work, but also how do you provide this training for women, how do you invite women in, how do you create better structures within your party. Parties and politics itself are still very masculinised in the sense of we still think of it as a married man who goes to the political space and the woman stays home with the children. And you have evidence of this: most male politicians are married, and most women politicians are single or divorced.

I think it is to think of this as how do you train parties to then train their own, and go, 'Oh, we need to reconsider when our meetings happen; we always need to have the childcare possibility.' It's also about—again, as discussed previously—bringing in a diversity of men, so that you're not always just bringing the cisgender, heterosexual married man, you can bring a different type of man who will have—. And again, the basis of a gender quota and the basis of inclusion measures is to bring in different ideas. When you bring in different people, you bring in different ideas that will be supportive to the goal of the country. And as we know, Wales has a lot of potential, but it also has a lot of things to work on to get that potential going. So, if you get new ideas in and new people in, you get those ideas put into place. I think that is really where the foundation of the quota should be.

We have well exceeded our time, but I think it's been interesting for Members. I know there are some questions left, but most of these have been covered. Unless Members have any questions, can I thank you all for your evidence this afternoon? It's been very interesting and very helpful for us. You will receive a copy of the transcript. If there are any factual inaccuracies in that transcript, please let the clerking teams know, so we can get them corrected as soon as possible. Once again, thank you all for your time.

7. Cynnig o dan Reol Sefydlog 17.42(ix) i benderfynu gwahardd y cyhoedd o weddill y cyfarfod
7. Motion under Standing Order 17.42(ix) to exclude the public from the remainder of the meeting

Cynnig:

bod y pwyllgor yn penderfynu gwahardd y cyhoedd o weddill y cyfarfod yn unol â Rheol Sefydlog 17.42(ix).

Motion:

that the committee resolves to exclude the public from the remainder of the meeting in accordance with Standing Order 17.42(ix).

Cynigiwyd y cynnig.

Motion moved.

In accordance with Standing Order 17.42(ix), the committee is invited to resolve to exclude the public from the remainder of the meeting. Are we content to do so? Everyone says 'yes'.

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 14:44.

Motion agreed.

The public part of the meeting ended at 14:44.