THE WELSH public may soon have the power to oust misbehaving politicians from the Senedd, according to new proposals under consideration. This comes in the wake of recent controversies that have exposed a gap in the Senedd’s ability to hold its members accountable for breaches of conduct, unlike the recall system in place for MPs at Westminster.
Currently, Senedd members do not face automatic removal if they are found guilty of misconduct, a situation highlighted earlier this year when a member was suspended for six weeks. In a similar situation in Westminster, the suspension would have triggered a recall petition, potentially leading to a by-election.
The Senedd’s Standards of Conduct Committee is now exploring whether a recall system could be introduced when the Senedd expands from 60 to 96 members in the 2026 elections. However, unlike Westminster MPs who must fight by-elections if recalled, the new Senedd voting system set for 2026 will not allow for such by-elections.
Since 2016, Westminster MPs suspended for ten days or more are subject to a recall petition in their constituency. If 10% of local voters sign the petition, a by-election is triggered, offering the MP a chance to defend their seat. MPs can also face recall if sentenced to less than 12 months in prison. In contrast, a sentence of 12 months or more results in automatic disqualification, a rule that also applies in the Senedd.
The recall debate gained momentum earlier this year when Plaid Cymru MP Ben Lake suggested that his former party colleague in the Senedd, Rhys ab Owen, should have faced a by-election after a 42-day suspension for inappropriate behaviour. Ab Owen, who later apologised and was expelled from Plaid Cymru, continues to represent South Wales Central in the Senedd.
The recall system has garnered cross-party support within the Senedd, yet it was omitted from the Welsh Government’s recent legislation to expand the institution. The primary challenge lies in the new proportional electoral system, which elects members from party lists. By-elections are incompatible with this system, leading the committee to consider alternatives that would see a recalled member replaced by the next candidate on the party list, maintaining the proportionality of the original election results.
Two main options are being considered: one where the public can petition for a member’s removal, and another where the public can choose to support the member, effectively turning the petition into a vote of confidence. However, this petition approach has raised concerns. Cathy Owens, a director at public affairs agency Deryn, highlighted the potential for such processes to exacerbate situations involving sensitive issues like sexual harassment, where public involvement could lead to unfair outcomes without full access to evidence.
The committee is also seeking input on the petition threshold and is exploring additional measures, such as the potential disqualification of members found guilty of lying, in line with the government’s commitment to enforce higher standards of conduct.
The committee’s consultation is open until 27 September, inviting comments from the public and interested stakeholders on these significant proposals that could reshape the accountability mechanisms within the Senedd.
