Warning gender quotas could face legal challenge

The Reform Bill Committee says the Senedd needs to better reflect the people it serves

The Welsh government's plans for gender quotas at the next Senedd election could be disrupted by legal challenges, a group of Senedd members has warned.

The Senedd's Reform Bill Committee is calling for "urgent action" to be taken to avoid "endangering the 2026 election".

The proposed law includes plans to bring in gender quotas for candidates standing for political parties.

Despite the majority of the committee backing the plans, it urged the Welsh government to "put beyond doubt" concerns over their legality.

The Welsh government said it would consider the committee's recommendations in detail.

The committee said discussions should be held with the next UK government before the Senedd is asked to vote on the bill.

If passed, it also wants the Welsh government to refer the bill to the UK Supreme Court for consideration.

Most of the committee, which is made up of Members of the Senedd (MSs) from across political parties, is supportive of the bill's aim to increase diversity in the Senedd and has made 25 recommendations to "strengthen and improve" it.

However the Welsh Conservatives is opposed to the bill altogether, calling it a "divisive and unnecessary piece of legislation".

Labour MS, David Rees, the committee's chairman, said: "We all agree that the Senedd needs to better reflect the people it serves.

"While recognising that the bill does put in place measures which could contribute to parity of representation in the Senedd, we want to see changes made to strengthen and improve it."

He added: "It is not the committee’s role to determine whether the Senedd has the power to pass this bill but we are concerned about the evidence we have heard that legal challenges could potentially disrupt the 2026 election.

"So we are urging the Welsh government to take steps to manage and mitigate this risk.”

Some think the requirement for political party candidates to state whether they are a woman or not could be open to abuse

Concerns have also been raised about other elements of the bill, which include plans to allow candidates to self-identity their gender.

The Equality and Human Rights Commission (EHRC) has expressed concern that this could be "unlawful".

The report said the majority of the committee were content with the plans and believed it was a "proportionate means of enforcing quota rules", but it suggested safeguards should be strengthened to avoid candidates making "false statements".

Mr Rees said: "We've heard concerns about whether the requirement for political party candidates to state whether they are a woman or not a woman could be open to abuse.

"To alleviate this we’re calling on the government to include this statement within the corrupt practice offence that applies to other false information on nomination forms."

But Conservative MS Darren Miller disagreed and said the bill should include a "definition of a woman" and that candidates should be a biological woman or have a legally recognised Gender Recognition Certificate in order to stand.

However, the majority of the committee members agreed statements of gender should be accepted on face value by electoral administrators.

The Senedd is expected to debate and votes on the general principles of the bill on 18 June.

The Welsh government said: "Having received reports from both the Reform Bill and Legislation, Justice and Constitution committees, we will now consider their recommendations in detail."