By Richard Wood
The Senedd Cymru (Welsh Parliament) voted to pass the Senedd Cymru (Member Accountability and Elections) Bill on Tuesday 17 March.
The Bill soon to be Act outlines some key reforms, changing democratic processes at play in the next Welsh Parliament.
Members of the Senedd (MSs) backed the Bill, which includes the introduction of recall rules for MSs to be recalled and replaced after the next election in certain specific circumstances.
Empowering constituents to hold their representatives accountable builds on other welcome reforms in Wales – reforms that the next Scottish Parliament should consider. The Senedd recently reverted to four-year terms (a change that will further improve accountability) and introduced a new voting system, which, while not perfect, is a step-up from the Additional Member System previously used for Cardiff Bay elections.
READ MORE: Yet another poll shows Scotland on track for an unrepresentative election due to AMS
How does the Senedd recall system work?
The law introduces a recall system triggered either automatically by any prison sentence, even suspended ones, or following a recommendation from the Standards of Conduct Committee for serious misconduct. This is subject to a Senedd-wide vote.
An empty seat would be filled automatically by the next available candidate on the party’s list. This has its merits by retaining proportionality in the Senedd, but does limit Senedd accountability from voters.
The new law also strengthens the standards system by requiring each Senedd to establish a committee with possible independent members, expands the Commissioner for Standards’ investigative powers, and requires the Welsh Government to ban false statements in Senedd election rules. This last one is, in theory a positive development, but will have significant challenges to ensure is proportionate and effective.
READ MORE Will the Scottish Parliament change its voting system?
What about Westminster’s recall system?
Under the Recall of MPs Act 2015, an MP face recall if they are convicted of an offence and receive a prison sentence, suspended from the House of Commons for at least 10 sitting days (or 14 calendar days), or found guilty of false or misleading expenses claims. If 10% of voters sign a recall petition, the seat is vacated and a by-election is triggered.
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Attempts to introduce a recall rule in Scotland
MSPs recently rejected an attempt to bring in a recall rule at the end of February. The Scottish Parliament (Recall and Removal of Members) Bill had flaws, but it was a missed opportunity to strengthen accountability of rule-breaking and inefficient MSPs in a meaningful way.
Constituency MSPs would have been recalled if 10% of local voters supported a petition, like at Westminster. Regional MSPs would have been removed if a majority voted for recall, with replacements coming from their party list. In addition, independent MSP seats would stay vacant until the next election.
READ MORE: How many MSPs are retiring in 2026? Is it a record number?
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