My Lords, in moving Amendment 20, I will speak also to Amendment 21. Both stand in my name and that of my noble friend Lord Murphy of Torfaen, which assert the fundamental principle that to represent Wales in its legislature, an elected Assembly Member should actually live in Wales—the same principle asserted by the amendment of the noble Lord, Lord Wigley, which I also support. In doing so, I find myself in the ironic position of seeking to amend my own Act, the Government of Wales Act 2006, which I took through Parliament as a Bill as Secretary of State for Wales. It never occurred to me until the last few weeks that any Welsh Assembly Member would, or indeed could, live outside Wales.
Amendment 20 makes the acceptance of formal nomination as an Assembly candidate contingent on living within Wales. However, if it is felt that is too prohibitive a requirement, since no candidate can be certain of election in advance, Amendment 21 instead makes the membership of the Assembly—that is, for an elected candidate—contingent on living within Wales. That is to say, disqualification would follow without residence within Wales and registration to vote within Wales. Either way, the principle is put in statute, as it would be by the amendment of the noble Lord, Lord Wigley, Amendment 22.
At the most recent Assembly election, 21 candidates stood who did not live in Wales. Fourteen were from the Monster Raving Loony Party, four were Conservatives, one was a Liberal Democrat and one an English Democrat. There was one UKIP candidate, Neil Hamilton, who was elected as a regional Assembly Member and who, I understand, still does not live in Wales but has nevertheless claimed and been granted appropriate expenses, in the same way as those Assembly Members who actually live in Wales. I am not suggesting that there is anything improper here, just that it is an anomaly.
To deal with another question that has been raised, I am informed that to be a Member of the Scottish Parliament or the Northern Ireland Assembly, there is similarly no requirement to be resident in Scotland or Northern Ireland, but that is no reason for Wales not taking the view which I advocate. Since devolution, Wales has been the first to adopt policies subsequently followed by other parts of the UK in a number of areas; for example, establishing an Older People’s Commissioner and free bus transport for pensioners. There is no reason why Wales cannot be innovative in this matter either. Indeed, I have been notified that there is widespread cross-party support in the Assembly for the amendment, including from Welsh government Ministers.
On the substance of the amendment, it is an insult to voters in Wales not to live in Wales, within the nation you are seeking to represent and may find yourself representing in the Assembly. Personally, I have always believed that a constituency Assembly Member, like a Member of Parliament, should live in or, at the very least, very close to their constituency, as I did as Member of Parliament for Neath.
Of course, regional Assembly Members have different duties and no constituents in the same way, but surely they should at least live in Wales as well. How can any Assembly Member living outside Wales possibly keep in touch with public opinion in Wales? How can they keep in touch with issues that arise day to day in the political culture, public life or civic life of Wales? How can they spot new problems or opportunities as they arise in the course of their daily experience living as normal citizens of Wales do? How can they reflect Welsh culture without living within it, as I have been privileged to do? How can they really understand the evolution of Wales’s young democracy as it very quickly develops?
It is fundamental, to me at least, that in a democracy, representatives are of the people and for the people, whatever your political party. I hope that the Government will agree with this principle and accept at least one of these three amendments. I beg to move.