3JUN

Wales scraps gender-zip bill before PR debut

2 min read

10:25UTC

The Senedd voted 40-12 on 24 September 2024 to withdraw the bill that would have forced parties to alternate men and women on their closed lists. The 96-seat chamber now enters its first PR election with no legal floor on women's representation.

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Key takeaway

Wales enters PR with no legal gender floor because the bill designed to provide one was withdrawn in 2024.

The Senedd voted 40-12 on 24 September 2024 to withdraw the Senedd Cymru (Electoral Candidate Lists) Bill, scrapping the statutory gender-zipping rule thirteen months before nominations opened for the first election under closed-list PR. The Welsh Government had sponsored the bill as a balanced-representation companion to the wider PR Reform. Its replacement is non-binding guidance, with no mechanism to force compliance if parties rank men above women on their constituency lists.

The withdrawal broke the prospectus on which the Wales Governance Centre and the Electoral Reform Society had campaigned. Both institutions had treated the zip as an inseparable element of the 96-seat expansion. The justification Welsh ministers gave in 2024 cited cross-party legal concerns about compatibility with the Equality Act 2010 and wider UK electoral law, though no court ruling was ever sought to test the proposition.

Under closed-list PR, parties publish a ranked slate; voters choose a party, not a candidate, and the D'Hondt method awards seats in list order. List ordering is a private internal decision at each party. If a party ranks male incumbents at positions 1-3 in a six-member constituency, the arithmetic of the threshold ensures those men win before any woman on the slate is reached. The new 96-seat chamber could therefore return fewer women than the outgoing 60-seat Senedd.

Deep Analysis

In plain English

Wales is electing a bigger parliament on 7 May — 96 seats instead of 60 — under a brand new system where you vote for a party, not a person. Under the old system, you got two votes: one for a local candidate, one for a regional party list. Under the new system, parties rank their own candidates internally, and seats go to whoever the party has put at the top of its list in each area. The Welsh Parliament had been debating a rule that would have forced parties to alternate men and women on those ranked lists — so position one would be a woman, position two a man, and so on. That rule was scrapped by a 40-12 vote in September 2024. There is now no legal requirement for any particular gender balance. Which women — and how many — reach Cardiff depends entirely on what order each party decided to put its candidates in.

Deep Analysis

Root Causes

The withdrawal reflects a structural tension within Welsh devolution between the Senedd's ambition to legislate on equal representation and the constitutional boundaries of what the Senedd can legislate without conflicting with reserved Westminster law.

The Equality Act 2010 is a reserved matter. The Welsh Government's stated concern about compatibility was not tested in court, but legal uncertainty at a late stage of a legislative term creates a credible incentive to withdraw rather than challenge.

The timing is also a product of the broader electoral reform timetable. The shift from AMS to closed-list PR was agreed late in the Sixth Senedd term, compressing the window for companion legislation. The gender-zipping bill was drafted and introduced in the same compressed period, giving it less scrutiny time than a structural electoral change of that magnitude would normally receive.

What could happen next?

Risk
The 96-seat Senedd may return fewer women than the outgoing 60-seat chamber if parties rank male incumbents at winnable list positions.
Immediate · 0.72
Precedent
Wales becomes the first UK legislature to use closed-list PR without any statutory gender floor, making the 2026 result a live test of voluntary guidance efficacy.
Medium term · 0.85
Consequence
If women's representation falls, pressure will mount in the 2026-2031 term for statutory intervention, potentially reopening the Equality Act compatibility question in a UK Supreme Court context.
Long term · 0.6

Source Landscape

This story draws on neutral-leaning sources

Primary parallel: Scotland's first Holyrood election in 1999 used AMS without a statutory gender quota but with voluntary twinning arrangements by Labour and the SNP. It returned 37 per cent women — a UK record at the time — demonstrating that voluntary party action can substitute for statute when parties choose to prioritise it.

Counter-parallel: The 2019 Welsh Assembly (as it then was) returned 47 per cent women under AMS with no statutory floor, the highest of any UK legislature. The move to closed-list PR with voluntary guidance alone risks that figure falling, not rising, if parties rank male incumbents first.

Consensus view: The Wales Governance Centre (Cardiff University) and the Electoral Reform Society both argued that closed-list PR without a statutory gender floor transfers representational power entirely to party selection committees, removing any public accountability mechanism for the gender composition of the new 96-seat chamber.

Counter-view: The Institute of Welsh Affairs noted that non-binding guidance may prove more durable than a statutory zip if parties internalise it voluntarily, and that the Equality Act 2010 compatibility question raised by the Welsh Government was a genuine legal risk rather than a pretext.

Key tension: Whether closed-list PR in Wales will in practice produce better or worse gender balance than AMS did, since the evidence from comparable European PR systems is mixed.

Sources:Welsh Government

Mentions:Wales Governance Centre →Wales →Prima →Parliament →D'Hondt method →Welsh Labour →Electoral Reform Society →Equality Act 2010 →Senedd →UK Government →Senedd Cymru (Electoral Candidate Lists) Bill →

First Reported In

Update #1 · Wales rewrites parliament no voter has used

Welsh Government· 7 Apr 2026

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Causes and effects

This Event

Wales scraps gender-zip bill before PR debut

Closed-list PR without a quota hands parties, not voters, the final call on gender composition for the full 2026-2031 term.

Led to

Six Reform Wales Candidates Gone, Three From One Seat

Occurred 7 Apr 2026

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Different Perspectives

Welsh Government (Plaid Cymru under Rhun ap Iorwerth)

Plaid's Cardiff minority government relies on Green confidence-and-supply with no written agreement, the same arrangement that collapsed in Scotland in 2023. Green Westminster polling fell from 17% to 15% in two weeks as Greens took governing responsibility; whether that deflation reaches Cardiff is the near-term test for ap Iorwerth's majority.

Reform-run English county councils (Essex, Suffolk, Norfolk)

Essex named a City-trained efficiency lead over a budget where statute has already committed roughly 98% of spend; Suffolk simultaneously issued a pre-action letter against the reorganisation that will dissolve it. Reform-controlled authorities are spending public money on litigation their own sector lawyers expect to fail while their DOGE units face statutory constraints they cannot override.

Scottish Government (SNP under John Swinney)

Swinney rested the 72-55 Holyrood mandate on the combined SNP-Green bloc rather than his own party's 58 seats, seven short of the trigger he named; he has publicly conceded he has no plan if Westminster holds its veto. The constitutional argument is made; the enforcement route does not exist.

UK Government (MHCLG and Downing Street)

MHCLG has until 12 June to respond to Suffolk's pre-action letter and faces three further counties at the same stage; Downing Street rejected Holyrood's Section 30 demand as a spokesperson lobby line rather than a written statement, declining to open formal inter-governmental correspondence. Both decisions compress Reform's two main legal challenges into the same two-week window.

UK Government (Labour)

Westminster framed the youth justice transfer as a culmination of prior work rather than a precedent, refused a Section 30 order before the request arrived, and omitted both the Representation of the People Bill and any Wales Bill from the 13 May King's Speech. Starmer is described as open to a devolved-leaders summit in June.

Reform UK

Essex, Norfolk and Suffolk filed pre-action protocol letters framing their LGR challenge as mandate-consistent, while 22 Reform councillors departed in 14 days at an annualised rate nearly three times the 10 percent projection. Richard Tice defended the Harborne 5 million pound gift as unconditional, with no acknowledgement of Farage's two contradictory accounts on record.