Last week, the Senedd’s Standards of Conduct Committee published a report recommending the introduction of a recall procedure, allowing voters to remove and replace Members of the Senedd (MSs) who have seriously breached the Code of Conduct.
On the surface, this seems like a positive step. After all, there have been a number of cases where MSs have broken the rules without facing meaningful consequences. However, a closer look at the proposed process reveals a system that could undermine accountability rather than enhance it.
What is recall?
Recall is a mechanism which allows voters to remove politicians who have committed serious misconduct. Many will be familiar with recall from Westminster, where a procedure was introduced in 2015.
Under that system, MPs can face a recall petition for offences such as criminal convictions or fraudulent expenses claims. If a petition is triggered, constituents have six weeks to sign it. If 10% of them do, the MP is removed, and a by-election is held, giving voters the opportunity to elect a new representative.
At its core, recall is about accountability. Just as in any other job, if someone engages in misconduct, they should face consequences. Recall provides a democratic mechanism for this to happen.
Voters robbed of choice again
However, the Senedd’s proposed system differs significantly from the Westminster model. Under these proposals, an MS who has seriously breached standards would face a recall petition that voters would have just one day to sign. If a plurality of voters support the recall, the MS would be removed. However, instead of triggering a by-election, the vacated seat would simply be filled by the next candidate on the party’s list from the previous Senedd election – regardless of how long ago that election was.
This raises serious concerns about voter choice and accountability. In the Westminster system, recall petitions often lead to by-elections where voters can express their dissatisfaction not just with an individual but with their party as well. In three out of the four by-elections triggered by recall petitions in the 2019-24 parliament, the incumbent party lost the seat. This demonstrates that voters can hold the party accountable for its representative’s misconduct, not just the individual member.
Under the Senedd’s proposed system, voters would be denied this opportunity. Instead, the same party would automatically retain the seat, regardless of how the electorate feels about its role in the MSs conduct. This could allow parties to shield themselves from the electoral consequences of their MSs’ behaviour. Just as the soon to be introduced closed-lists stystem concentrates power in the hands of political parties and takes choice away from voters, this recall system would do the same.
The principle behind recall is sound: voters should have the power to remove politicians who fail to uphold ethical standards. However, if recall is to be introduced in Wales, it must be done properly. That means ensuring that voters—not political parties—determine who represents them after a recall. Otherwise, this system risks becoming yet another mechanism that prioritises party interests over public accountability.
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