CONSULTATION ON THE ELECTION PROCEDURES FOR THE LEADER AND DEPUTY LEADER OF WELSH LABOUR AND THE WELSH LABOUR RULES REVIEW

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1 WELSH EXECUTIVE COMMITTEE CONSULTATION ON THE ELECTION PROCEDURES FOR THE LEADER AND DEPUTY LEADER OF WELSH LABOUR AND THE WELSH LABOUR RULES REVIEW 1. BACKGROUND 1.1 In Autumn 2016 significant sections of the Labour Party rule book were devolved to Wales and subsequently our Welsh Labour Conference agreed a number of changes to the Welsh Labour rules and standing orders in Spring The Welsh Executive Committee (WEC) is now responsible for consulting, before deciding, on the procedural guidance which should accompany these rule changes. As the position of Leader and Deputy Leader of Welsh Labour are now formalised in rule it is important to have the necessary provisions in our rules and supporting procedures. 1.3 The WEC can also ask CLPs and Affiliates to help identify those other elements of the Welsh Labour rules and standing orders that need consideration before making recommendations to Welsh Labour conference There is currently no vacancy for the position of Welsh Labour Leader but it is appropriate to make appropriate provision now should the occasion arise. 2. PURPOSE 2.1. The purpose of this paper is to : (a) Identify the Key Issues that, following consultation, will require determination by the WEC, (b) Explore the main options that will require consideration before reaching a decision, (c) Agree the content of the consultation paper for Party units and Affiliates. 2.2 This consultation paper is issued to party units and affiliates to invite their views and to help shape the final WEC decisions on the procedures, and any other recommendations regarding the Welsh Labour rules.

2 3. CURRENT POSITION 3.1 The consultation will lead to the review, amendment or replacement of the procedure used to elect the Leader of the National Assembly Labour Party in It is also noted that the Welsh Labour Conference in 2001 agreed the Standing Orders for the National Assembly Labour Party and these will need to be consistent with the decisions to be made about the Welsh Labour rules for Leader and Deputy Leader. The rules have primacy should any query arise. 3.2 As the post of Deputy Leader is a new position in our Welsh Labour rules there is no current guidance on election procedures though they will in large part reflect that for the Leader of Welsh Labour. 4. KEY ISSUES 4.1 The following matters would appear to identify the Key Issues for the consultation that CLPs and Affiliates are asked to comment upon: a) Election of the Leader of Welsh Labour - Nomination procedure, - Voting and determination of the electorate, - Freeze date, - Timing of an election, - Procedure in the event of a vacancy. b) Election of a Deputy Leader of Welsh Labour - Role and job description for Deputy Leader, - Eligibility to stand as Deputy Leader, - Nomination procedure, - Voting and determination of the electorate, - Freeze date, - Timing of an election, - Procedure in the event of a vacancy. 4.2 In considering these matters the WEC noted the motion from Ceredigion CLP that was remitted at Welsh Labour Conference 2017 (see Appendix A). It should be noted that the Welsh Labour Conference has already set in rule the requirement for at least one woman in the leadership team (not just gender balance as the Ceredigion motion originally suggested), and the OMOV debate is covered in the consultation questions set out in this paper. The WEC has therefore responded to the remitted motion.

3 4.3 There will also be general provisions that should be added to the Welsh Labour rule book at our 2018 conference and which mirror similar provisions in the Labour Party rules (found in LP rulebook Chapter 4 Election of national officers of the party). 5. DETAILED PROVISIONS 5.1. Each of these Key Issues is now considered in turn. a) ELECTION OF THE LEADER OF WELSH LABOUR 5.2 The 2017 changes to Welsh Labour rules determined that the Welsh Labour Leader shall always be an AM, be the Leader of the National Assembly Labour Party and Welsh Labour s Designated Candidate for First Minister. (i) Nomination Procedure Welsh Labour Leader 5.3 To take part in the ballot for Welsh Labour Leader an Assembly Member requires a minimum level of support from other AMs. Retaining the 20% threshold, as used in 2009, would currently require any AM seeking nomination as Welsh Labour Leader to receive nomination by 6 AMs. (rounding up, and result in a maximum of 4 candidates while the NALP consists of 29 members). The same threshold would apply if a vacancy occurred or if the Welsh Labour Leader gives notice that they are stepping down from the position of Leader. 5.4 The sitting Leader is not required to seek nominations in the event of a challenge arising under this rule. (ii) Supporting Nominations 5.5 The existing procedure includes a period for the making of supporting nominations. This is not a constitutional requirement as the Nomination stage is what matters most. Based on past experience and some of the tensions that arose during the period for supporting nominations it was worth asking CLPs and affiliates if this step Supporting Nominations - is necessary in future elections for Leader and Deputy Leader of Welsh Labour? It would also save valuable time in the overall timetable as we would move to the ballot at an earlier point, but this would not prevent CLPs or affiliates from expressing their support for any particular candidate during the ballot period if they so wished. The consultation should consider: Q1: Does the election procedure need to contain the period for supporting nominations for those AMs seeking election as Welsh Labour Leader/Deputy Leader, or can this step be removed, meaning the ballot can happen at an earlier point, shortening the time taken for the election process?

4 (iii) Voting and Determination of the electorate 5.6 The existing process uses One Member One Vote in an Electoral College consisting of three sections: - Elected Members, - Party Members, - Affiliates, With each section weighted to account for one third of the vote. 5.7 The main option to be considered here is whether a One Member One Vote process, with votes cast in a single section by the preferential ballot should replace the electoral college and be adopted for electing the Welsh Labour Leader (and Deputy Leader). Q2: Which voting system should used for the election of Welsh Labour Leader and Deputy Leader? (either OMOV votes cast in a college or in a single section Registered Supporters 5.8 Furthermore the WEC would also need to take a view on Registered Supporters and whether that category, specifically created for the election of the Leader and Deputy Leader of the Labour Party, has any role to play in the election of a devolved Leadership team. The Registered Supporters system created a number of problems for the party (including heated disputes and legal challenges) and there would appear to be a number of administrative challenges for Welsh Labour in seeking to verify that those who might seek to become registered supporters actually reside in Wales and support Labour For these reasons the WEC should consult CLPs and affiliates on: Q3: Do you agree that Registered Supporters should not be a part of the electorate for the election of the Leader and Deputy Leader of Welsh Labour? (iv) Freeze Date The freeze date would normally be set at the first meeting of the Procedures Committee and require membership six months before the date of that meeting for members to be eligible to vote. In respect of Affiliated Supporters they should be members of the relevant union at the same date but will have one month to sign up as Affiliated Supporters for the election from the date the election timetable is set, subject to advice on data protection issues and further discussion with Affiliates. (this partly depends on final decisions by the WEC on the voting system).

5 (v) Timing of an Election 5.11 Where there is no vacancy, nominations may be sought by potential challengers in this case any nomination must be supported by 25% of the National Assembly Labour Party (8 AMs when the NALP consists of 29 members) When the NALP is in Government and the Welsh Labour Leader is First Minister an election shall then only proceed if also requested by a majority of a Welsh Labour conference on a card vote. Q4: Should a Special Conference be called once an AM has sufficient nominations to challenge rather than await the Annual Conference Cycle? 5.13 If the NALP is in opposition then the election of Leader and Deputy Leader of Welsh Labour shall take place at each annual Welsh Labour Conference. (vi) Vacancy for Welsh Labour Leader 5.14 As the Welsh Labour Leader has to be an AM and should a vacancy occur when Welsh Labour is in Government then the Welsh Labour Members of the Cabinet shall appoint one of its members to serve as Interim Welsh Labour Leader until a ballot under rule is carried out. The process for the election of the Leader shall follow the procedure identified at para 5.3. b) ELECTION OF THE DEPUTY LEADER OF WELSH LABOUR 5.15 This is a new post in rule and requires a number of key decisions by the WEC to determine the nature and character of the role. (i) Role and Job Description 5.16 It might be useful for the WEC to set out the expectations of the Deputy Leader of Welsh Labour as part of the Procedural details as that helps us to determine other important issues. The designation Deputy is not perceived as someone who Deputises for the Welsh Labour Leader in respect of First Ministerial duties but rather a Deputy in respect of Welsh Labour s campaigning and organisational work, and relationships with party units and affiliates Appendix B contains a suggested Job Description. It is recognised that the Deputy Leader does however gain a mandate in her/his own right to help shape the role. The consultation should ask:

6 Q5: Does the suggested Job Description at Appendix B suitably describe the role expected of the Deputy Leader of Welsh Labour? (ii) Eligibility 5.18 As described above the Deputy Leader does not deputise for the First Minister then the eligibility to stand as Deputy Leader can extend beyond Assembly Members. For the initial election of the Deputy Leader it would need to be a woman (to ensure that at least one of the two positions is held by a woman) In terms of the cohesion of the whole party it is sensible to include Welsh Labour MPs, in addition to AMs, as being eligible to stand as Deputy Leader The Consultation should ask: Q6: Do party units and affiliates agree that those eligible to be Deputy Leader should be either: a) An AM or MP or County/County Borough councillor? or is there merit in the Deputy being: b) Just an MP, or c) Just an AM, or d) Just a County/County Borough Councillor? (iii) Nomination Procedures 5.21 The same threshold of nominations should apply (20%) but be required across AMs, MPs and MEP. At the current time that would mean a requirement for 12 nominations (20% of 28, 29 and 1 - and result in a maximum of 4 candidates for Deputy Leader) As the Deputy Leader is predominantly a party role then it is a strength that the candidates are able to show a minimum level of support amongst both MPs and AMs The sitting Deputy Leader is not required to seek nominations in the event of a challenge arising under this rule The consultation should ask: Q7: Should the Deputy Leader require a minimum level of support amongst both MPs and AMs a minimum of 3 nominations from each of the NALP and Welsh PLP within the required 20% of nominations?

7 (NALP is the National Assembly Labour Party. The Welsh PLP is the Welsh Parliamentary Labour Party). (iv). Voting and determination of the electorate 5.25 The same provisions would apply as for the election of Leader. ** To progress the first election of Welsh Labour Deputy Leader we are looking to combine the WEC election (CLP section) and the Deputy Leader ballot for early (v). Timing of an election 5.26 Where there is no vacancy for Deputy Leader, nominations may be sought by potential challengers each year prior to the annual meeting of the Welsh Labour Conference. In this case any nomination must be supported by 25% of the National Assembly Labour Party, Welsh PLP (25% of = 15 nominations rounded up). (vi) Procedure in the event of a vacancy 5.27 The position surrounding a vacancy for Welsh Labour Deputy Leader is not as serious or urgent as that for Welsh Labour Leader. It is therefore suggested that should a vacancy arise then an election process takes place to ensure a Deputy is in place for the following Welsh Labour Conference if practicable. 6. GENDER REQUIREMENTS IN THE LEADERSHIP TEAM 6.1 In the situation of the Deputy Leader being a male and an election arising for the position of Leader then Male AMs are not precluded from standing for the position of Leader but a fresh election may be required for the position of Deputy Leader to ensure that at least one position is held by a woman. 7. GENERAL PROVISIONS 7.1 The rule book should be amended to provide for certain generic requirements: - WEC to meet and set the election timetable, - WEC to establish a procedures committee, - Procedures committee to agree a code of conduct, covering hustings, social media and including any necessary campaign limits, - Welsh Labour General Secretary to act as Returning Officer, - Appoint of a legal representative as Deputy Returning Officer, - Appoint of an independent Scrutineer to oversee and verify the ballot, - Procedure for acceptance of nominations,

8 - An assumption that the ballots will be electronic wherever practicable to ensure cost effective elections, though standard post will need to be used for members not on , - Nominees must attend the relevant Welsh Labour Conference unless a satisfactory written explanation is provided for their absence. 7.2 These reflect the general provisions of the Labour Party rule book and should also be presented as General Provisions rule changes to Welsh Labour Conference WELSH LABOUR RULES REVIEW 8.1 There are other elements of the Welsh Labour rules which should now be subject to recommendations at our 2018 conference: (i) Affiliation Fees the position regarding the payment of affiliation fees to participate in Welsh Labour activities should now be regularised in rule. (ii) Review of Local Campaign Forums The WEC has already agreed to a review of the LCF structure in Wales and the Local Government Sub-Committee should be asked to undertake that review and bring forward recommendations for the WEC to consider prior to Welsh Labour Conference (iii) Rules and Standing Orders for Welsh Labour Women s Committee the WEC should consult with the Women s Committee with a view to agreeing any necessary rule changes and/or standing orders to present to conference. (iv). The Gender Equality Working Party needs to meet and take stock of their stage two report on selections before reporting back to the WEC later this year. (v) Affiliation arrangements The WEC should also hold discussions with affiliates and trade unions around the implications of the Trade Union Act 2016 and consider whether the rule book require amendment going forwards. CLPs and Affiliates are invited to respond by Saturday October 21 st and responses will be considered by the Party Development Board prior to making a final report to the WEC in November 2017.

9 Appendix A Motion Remitted by Ceredigion CLP This conference welcomes the decision of Labour conference 2016 to empower Welsh Labour to establish rules for the election of a Welsh Labour Leader and Deputy Leader. Conference notes that the WEC plans to consult party members in Wales on the implementation of this decision over the coming months. Without wishing to prejudice the outcome of this consultation, conference takes the view that, in principle: 1) it would be desirable for these positions to be elected by means of an OMOV ballot; and 2) it would also be desirable for the Welsh party to have a genderbalanced leadership team. Conference therefore instructs the WEC to ensure that, in conducting its consultation, these criteria are given appropriate prominence. Appendix B Job Description Deputy Leader of Welsh Labour - To support the leader of Welsh Labour, Shadow Welsh Secretary/(Welsh Secretary) and the WEC in achieving the objectives set in Welsh Labour rules, - Take a leading role in the campaigning work of Welsh Labour, - To help provide cohesion between the NALP and Welsh PLP, - Develop the relationships with party units and affiliates across Wales, - Assist in fundraising activities, - To represent Welsh Labour in the media.