Whether the present electoral
system is sufficiently representative?
Changes to the Voting System
83. The concept of proportional representation
is not supported by the majority of the Association
and our policy on this has been clearly set out in the
detailed evidence we provided to the Sunderland Commission
in 2002. We are also of the view that it is not the
electoral system which causes the problem of low electoral
turnout. The trend of low attendance at all elections,
we suggest, would not be improved by a change to the
electoral system. It is issues and policies, and real
debate which engages the electorate and not systems.
84. On all available evidence the best
mechanism to increase turnout is the use of postal voting
and not complex STV systems which inevitably lead to
political stasis. This is confirmed by the empirical
evidence in the form of the recent English Local government
elections.
85. We would also seek more innovation
particularly to encourage young people to vote whether
through the internet or by text messaging (subject to
data protection rules). The world has moved on and British
Democracy’s "cheap and not very cheerful" approach
to electoral practice typified by polling stations in
old church halls or school cloakrooms needs to be supplemented
by the benefits of technology.
86. The outcome of the May 2003 elections
has however produced an emerging problem with the Assembly
voting system. The Association is concerned at the perverse
outcome whereby very low polling candidates in constituency
seats are allowed a second "bite" to represent that
party on the regional seat. This may lead to candidates
of the same political party gaining significant votes
in a constituency seat but not being elected on the
regional list, while other candidates who may finish
bottom in a constituency contest can use the regional
list to be elected despite, in certain cases, a vote
that barely exceeds a 1000 electors. This may have a
detrimental impact upon how the public comprehends such
a ‘twist of fate’, how the public views the
electoral system and hence the institution itself in
terms of fairness and ultimately democratic legitimacy.
The documentation to support this view is available
on request.
87. The regional list system is unclear
to the public as they may presume that their ‘second
vote’ or their list vote is for ‘the party
of their choice’, rather than a specific candidate.
Indeed the public’s second vote is promoted as
such, as promotional literature from the Electoral Commission
advises that ‘…with your second vote…you
choose a political party or individual candidate to
represent your region’. (from ‘Your vote
on 1 May’ leaflet). This is not strictly accurate,
as the voter is in effect restricted to choosing the
parties’ preferred hierarchy of candidates not
an ‘individual’ candidate at all. This anomaly
is exposed further if the candidate at the top of the
regional list in the party of a voter’s choice
is also standing in the voter’s local constituency
too. Some members of the public can therefore cast two
votes for the same candidate.
88. We propose that the Commission consider revisions
to the existing electoral system. The simplest of these
would be to restrict a person standing for both a regional
and constituency seat.
89. Another alternative could be that the
STV system remains but that the regional list ballot
is purely a vote for a party. Ballot papers would therefore
appear with only the choice of parties without lists
of candidates. The STV votes could then be calculated
in the same method, with seats awarded proportionally
to the parties but the seats being awarded to the highest
polling unsuccessful candidates for each party in that
region. This revision would provide allow greater transparency
and provide greater democratic mandate to the regional
representatives.
Whether any changes would be needed if the Assembly
were to acquire further powers
90. Throughout this paper we have provided
evidence why significant further powers should not be
conferred on the National Assembly. It is the view of
the Association that the debate on the structure to
support any proposed constitutional changes should await
the recommendations of the Commission. Second guessing
is not beneficial and we would not want to presuppose
the recommendations of this Commission.
Issues relating to the Fire and Police Authorities
91. The Fire and Police Authorities in
Wales are associate members of the WLGA and whilst they
will provide their own submissions it is appropriate
that we indicate the Association’s position regarding
the potential devolution of both Fire and Police Services.
92. The Association recognises that the
Police Authorities in Wales see some potential advantages
for policing if the service was devolved but only after
intensive consultation, debate, examination and research,
and with varying degrees of enthusiasm. We are of the
view that any decision regarding police devolution needs
to be taken not only after extensive consultation, consideration
and research, but also after taking account of the best
interests and needs of the communities in Wales. Such
consideration would also need to assess the implications
for and relationships with non-devolved areas in the
criminal justice field.
93. Safety is a key expectation of all
communities and closer co-ordination between policing
at the devolved services will clearly have advantages.
However, crime is no respecter of borders and it will
be essential that collaboration is enhanced not deterred
by any devolution of policy or practice.
94. In relation to the Fire Authorities
we understand that views vary from authority to authority
on how much power the Assembly should have over the
Fire Authorities. We understand that discussions have
already begun over devolving service policy to the Assembly.
The Association will be pleased to contribute to the
examination of this but would stress its belief that
the service should remain a local government service
and that service boundaries should not be changed.
Conclusion
95. The Association in its evidence to
the Richard Commission has sought to stress the emergence
of a positive partnership with the Assembly. We are
minded how much the first years of devolution have changed
the landscape of governance in Wales and how this contrasts
with the pre 1999 situation. Indeed it is illustrative
to cast our minds back to this situation when our relationship
with the Welsh Office was limited and in the broadest
sense "colonial".
96. The enhancement of local government
through the devolved settlement has been recognised
in a recent study by the University of Glamorgan which
concluded that through its representative body the WLGA
"it had ensured that the space for discretion and autonomy
of local government has increased since devolution".
This has also to be attributed to the partnership working
which has played a major role in Assembly – Local
Government relations since the inception of the Assembly
in 1999. Although there is still much scope for improvement,
the "Welsh Way" is promoting continuous betterment in
local government and service delivery.
97. Since 1999 Assembly and local government
relations have developed and prospered. The statutory
Partnership Council created under the Government of
Wales Act 1998 to promote joint working and co-operation
between the Assembly and local government is an example.
In addition the Welsh context also sees a range of informal
mechanisms which "oil" the wheels of good government.
This includes a willingness to engage with the politicians
of the WLGA in political terms (although this is by
no means an even or uniform process).
98. Consequently as an emerging inter-governmental
partnership at a high level there is coherence and understanding
with local government and evidence of successful joint
working. Institutional closeness however will mean nothing
unless real service outcomes are delivered to the Welsh
electorate. In this sense the recent pronouncement by
the First Minister about the creation of his new Cabinet
amounts to a wider manifesto for the new Assembly Government,
namely that an emphasis on social justice will "mark
out the second administration as different from the
first. We've got to deliver for the people in Wales
who’ve got left behind and where the new prosperity
has not reached them." In this setting the Association
takes the firm view that while the constitutional debate
is of real importance, the condition of our communities
across Wales must be the top priority for elected politicians
in Wales.
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