Opinion
Scrap the Closed List voting system - or risk the end of devolution
Martin Shipton
If Labour and Plaid Cymru take scrutiny as seriously as their MSs claim, there’s no longer any excuse for keeping the proposed Closed List voting system for future Senedd elections.
This undemocratic and disempowering proposal could mark the beginning of the end for devolution - it’s that serious.
The main justification for increasing the number of Senedd Members from 60 to 96 is that there’s the need for more scrutiny of Welsh Government policies and decisions. Particularly important is the scrutiny of proposed legislation: the last thing Wales needs is bad lawmaking.
On the issue of Senedd reform, the committee scrutinising the Welsh Government’s Bill on the issue has now published a 226-page report that examines the proposals in great detail and with exemplary thoroughness. It’s no surprise to me that the committee has given Closed List an emphatic thumb’s down.
The committee took evidence from a large number of individuals and organisations and concluded that the Closed List system should not be proceeded with and that two alternative voting systems - Single Transferable Vote (STV) and Flexible List - should be considered instead.
Increasing the number of MSs means having multi-member constituencies. The proposal is to create 16 six-member seats covering the whole of Wales. Under Closed List, people would vote for parties rather than individuals, although it would be possible to vote for individuals standing as Independents.
By contrast, the STV proportional representation system, which is widely used in many countries, makes it possible for voters to choose the individual candidates they want to support. Instead, under Closed List, political parties will decide how to rank their list of candidates.
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Evidence
The committee’s report devotes 28 pages to considering the advantages and disadvantages of Closed List and related matters, concluding: (The) evidence we have received suggests [Closed List] would reduce voter choice, prioritise the influence and wishes of political parties over those of voters, erode Members’ links and accountability to their constituents, and introduce an effective electoral threshold of around 12% at a constituency level, with potential implications for the electoral chances of individuals and smaller parties.
“Getting the electoral system right is fundamental to the health of democracy in Wales. Having considered the evidence carefully, and notwithstanding the potential increase in proportionality that a closed list system could deliver, we have significant reservations about whether a Bill that implements closed lists necessarily represents a positive step forward for democracy in Wales.”
The committee goes on to recommend that “(the) Member in charge [Counsel General Mick Antoniw] should work with all political parties represented in the Senedd to reach agreement on how the Bill could be amended … to ensure the electoral system provides greater voter choice and improved accountability for future Members to their electorates”.
One of the specialists in the field of elections who gave evidence to the committee, Jess Blair, the director of Electoral Reform Society Cymru, welcomed the publication of the Reform Bill Committee’s report on its scrutiny to date, saying: “This is a really vital piece of legislation in strengthening our Welsh Parliament and it’s vital that Members work to make this the best that it can be.
“In terms of the committee’s recommendations we agree with the committee’s concerns around the proposed Closed List voting system. This is a system that will remove voter choice, weakens accountability and will leave voters feeling that their voices cannot be properly heard. We endorse the committee’s suggestion that this is amended as the Bill progresses to ensure a system that delivers accountability for voters and remains proportional is delivered.”
In the evidence she gave to the committee, Ms Blair rejected the idea that Closed List should be used for the next Senedd election in 2026, but reviewed afterwards and replaced by a system that gives individual voters more power at the subsequent election in 2030. Quite rightly, in my view, she suggests that many voters will be so alienated by the initial change that they won’t come back for more.
To use a fanciful horse racing metaphor, Closed List is like a donkey that has been injected with a performance enhancing drug and goes on to win the Derby. Nobody advocated it in public before it was announced as a deal cooked up between Mark Drakeford and Adam Price, when the latter was the leader of Plaid Cymru. It seemed to come from nowhere.
Short shrift
The Expert Panel chaired by Professor Laura McAllister that made recommendations about Senedd reform gave it short shrift more than six years ago and the Independent Commission on the Constitutional Future of Wales that Prof McAllister jointly chaired with Dr Rowan Williams rubbished it in the report it has just published.
Those in Labour and Plaid who signed off on the Closed List proposal haven’t explained satisfactorily how it came to be the favoured option. Mr Price once told me rather sheepishly that it had been put forward on a “take it or leave it” basis by Mr Drakeford. It’s difficult to find anyone who is openly enthusiastic about it.
Mick Antoniw, the Counsel General and Constitutional Affairs Minister whose task it is to see the reform package through the Senedd, usually speaks with passion about a proposal he believes in, but on this he has appeared to be going through the motions. Various explanations have been made to me about why we’ve been landed with Closed List.
It’s been suggested that it’s been designed to placate sitting MSs for whom an open list would increase their vulnerability. It’s also been said that it was a secret deal to keep Welsh MPs on board. Whatever the reason,it is deeply disturbing that there’s been a total lack of candour about what’s gone on behind the scenes. This is the very opposite of what we need.
Docility
We can also do without a Senedd where candidates have been given prime spots on their party lists on the basis of their docility and willingness to toe the party line. We desperately need independent thinkers who can defeat the control freakery of apparatchiks who want to shut down mavericks.
We all know that engagement with the Senedd as an institution is a problem. Although polling shows there is support for devolution, there is also evidence that many still don’t understand where power lies over particular policy areas, 25 years after what began life as the National Assembly for Wales came into being. Indeed, recent polling undertaken for the Commission that has just reported confirmed there had been no advance in public understanding in this area over the past decade, despite expanding Senedd legislation and the heightened visibility of the Welsh Government during the Covid pandemic.
Wales needs more people to be engaged with the politics of Wales, not less. To contemplate taking power away from people as they vote rather than enhancing their ability to choose who represents them would be an appalling mistake and turn many off.
The committee report, to which cross-party representatives have signed up, the significant disquiet about Closed List outside the Senedd and the election of a new Welsh Labour leader and First Minister provide between them a perfect opportunity for a re-think on this issue. It must be grasped. If it isn’t, I genuinely fear for the future of devolution.
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