Fears of legal threat to more gender equal Senedd plans

Labour and Plaid Cymru want all the reforms in place in time for the next Senedd election, in 2026

Proposed gender quotas for Senedd election candidates are being separated from plans to make the institution bigger because of legal fears.

First Minister Mark Drakeford has said two separate laws will be written.

It follows claims the Senedd may not have the power to force parties to nominate gender equal lists of candidates.

Mr Drakeford said ministers believe they do, but admitted the gender quotas bill could face an attempt to stop it.

UK ministers can refer a Welsh law to the Supreme Court if they believe the Senedd lacks the powers required to make that legislation.

A committee on reforming the Welsh Parliament previously suggested a challenge could happen, as responsibility for most equality and discrimination issues remains in Westminster and not Cardiff.

It said any such challenge could delay reform beyond the 2026 election, when the plans are due to be implemented.

It recommended that the Welsh government draft the legislation in such a way as "to ensure that our recommendations on Senedd reform for 2026 are not put at undue risk" of a referral to the Supreme Court.

Conservative MS Darren Millar has previously said there is "clear" legal advice the Welsh Parliament does not have the powers to implement the proposals.

Mark Drakeford confirmed that there would be two bills put to the Welsh Parliament in the autumn - with the main legislation to expand the institution from 60 to 96 politicians to be proposed.

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A new closed-list proportional voting system would give voters one vote, with the political parties deciding on the order of the candidates on their list but being required to alternate between men and woman.

The committee recommended parties be obliged to present equal numbers of men and women and alternate them on their candidate lists.

BBC Wales was told ministers were taking a "pragmatic approach to minimise disruption" - with gender quotas now planned for a separate piece of law to the rest of the Senedd reform agenda.

Those other changes would see an increase in the number of Senedd members from the current 60 up to 96, with six members representing each of 16 constituencies.

In the Senedd on Tuesday, Mr Drakeford said his government was confident "that we have the legal scope here in Wales to legislate in this area".

"The advice we heard was that in order to ensure that the main bill can be there and operating successfully for the 2026 election, we should find a way of dealing with any vulnerabilities to challenge that they may be on the gender quotas aspect," he said.

"Now, we are confident that we have the legal scope here in Wales to legislate in this area and we will bring forward a bill confident of the basis in which we do so

"But it is an area in which other views may be possible and where a challenge might be mounted, in order to make sure that the main reforms are not vulnerable to challenge."