Cabinet handbook - Section 5: Senedd business

5.1 The Senedd has 4 key roles: it represents Wales and its people; it is the legislature, making laws for Wales; it agrees Welsh taxes; and it holds the Welsh Government to account.

5.2 The corporate body for the Welsh Parliament (Senedd) is known as the Senedd Commission. The Senedd Commission has responsibility for the provision of property, staff and services required to enable the Senedd to function. The commission consists of the Llywydd (Presiding Officer) and 4 other Members, each nominated by the 4 largest political groups (or voted for by Senedd Members if there are not four groups). The staff of the commission are employees of the commission and are headed by the Chief Executive and Clerk of the Senedd.

5.3 The standing orders set out the procedures by which the Senedd operates. Any changes must be agreed by a vote in Plenary on a two-thirds majority. The current standing orders and supporting guidance can be found here.

5.4 Effective scrutiny of a government’s work is at the heart of any democratic process, and this work is undertaken by the Senedd through a number of mechanisms, primarily:

• In Plenary meetings, where members can question ministers in person, respond to ministerial oral statements and participate in debates.
• In committees, where members can take evidence from ministers and other witnesses as part of inquiries, reach conclusions and make recommendations.
• Through a system of written questions.

5.5 Plenary is the meeting of the whole Senedd which takes place in the Siambr, the Senedd’s debating chamber. Plenary usually takes place twice a week, when the Senedd is sitting, on Tuesdays and Wednesdays and usually starts at 1.30pm. Members can participate in person in the Siambr or remotely via zoom.

5.6 Members of the public can watch proceedings in the gallery by booking seats or online at senedd.tv. The Record of Proceedings, a transcript of all Plenary meetings, is available very quickly after each Plenary meeting and is fully searchable. Plenary agendas can be found here, and a link to the Record of Proceedings can be found here.

5.7 Approximately, two-thirds of Plenary time is allocated to the government and the programme of business is determined by the government alone. In practice, this is all of Plenary on a Tuesday and from 1.30pm to 3.00pm on a Wednesday.

5.8 Government business consists of:

• First Minister and Oral Questions to the Welsh Ministers and Counsel General
• The Business Statement and Announcement
• Oral statements
• Government-led debates
• Government-sponsored legislation and subordinate legislation, and
• Legislative consent for UK legislation or subordinate legislation.

5.9 The remaining one-third of Plenary time is non-government time, and the programme of business is determined by the Business Committee, which consists of members representing each of the main political groups and any other qualifying members.

5.10 Non-government business consists of:

•    Topical and emergency questions
•    Oral questions to the Senedd Commission
•    Statements by members
•    Debates led by political groups, individual members or groups of members, or committees
•    Non-government legislation, and
•    Short debates

5.11 In each sitting week, the First Minister must answer Oral Questions (FMQs) and each Welsh Minister, the Counsel General and the Senedd Commission must answer Oral Questions (OQs) every 4 sitting weeks on regular rotation. The schedule for ministerial questions is proposed by the government and noted by Business Committee as soon as possible after any change in ministers.

5.12 Up to 12 tabled questions are asked in 45 minutes. Questions are published 5 working days in advance of each meeting (for ministers and the Counsel General) and 3 working days for the First Minister. Ministers can ask deputy ministers to answer questions on areas for which they have responsibility.

5.13 In practice, the Llywydd usually allows the question session to run beyond 45 minutes until at least eight questions have been answered.

5.14 In Plenary, each tabled question receives a short, prepared answer after which unseen related questions are asked at the Llywydd’s discretion (supplementary questions). Any tabled question not reached within the 45 minutes receives a written answer, which is also published on the Record of Proceedings. Questions and answers are expected to be concise.

5.15 After question 2 in each session, the Group Leaders (for the First Minister) and relevant group Spokespeople (for ministers) can each ask a set number of unseen questions.

5.16 Members can also table Written Questions (WQs) in unlimited number. There are limits on the number of questions each Member can table during the Christmas, Easter and Summer recesses.

5.17 Each member can also make an application to ask one topical question (TQ) each week. From amongst these, the Llywydd may select some for answer, provided they are related to a matter of national, regional or local significance where an expedited ministerial response is desirable. The Welsh Government is notified when questions are submitted and when the final questions are selected (Wednesday lunchtime). TQs are asked after OQs each Wednesday and mirror them in structure. The questions and answers are, therefore, published on the Record of Proceedings.

5.18 In exceptional circumstances, members are also able to make emergency question (EQs) requests. The Llywydd will decide whether the question is of urgent national significance where an immediate ministerial response is needed. The Welsh Government is notified of any application and is able to provide the Llywydd with advice to aid their determination. Accepted questions are asked as soon as possible after acceptance and mirror OQs in structure. The questions and answers are, therefore, also published on the Record of Proceedings.

5.19 Important, high profile, controversial or topical announcements and updates are usually delivered in Plenary by way of an oral statement. Oral statements delivered by ministers, deputy ministers or the Counsel General are an item of government business. Committee Chairs can also make oral statements during non-government time.

5.20 Normally allocated 30 or 45 minutes, the lead minister has 10 minutes to deliver a pre-prepared statement after which members (starting with spokespeople and relevant committee chairs) can ask unseen questions which the minister answers in turn. Wherever possible, the text of the oral statement is provided in advance to group spokespeople at least an hour before an oral statement is delivered as a courtesy to enable Spokespeople to prepare questions (as set out in the Ministerial Code). In practice, the government aims to do this by 1pm on the day of delivery. However, this is not always possible. Similarly, the government aims to provide any related documentation to all Members a few hours in advance.

5.21 An oral statement is always made when a Bill is introduced formally into the Senedd. This is known as a Legislative Statement and is usually scheduled for 60 minutes.

5.22 Oral statements and the subsequent question and answers are published on the Record of Proceedings.

5.23 Members can be informed collectively about more routine matters by way of written statements which are emailed to them bilingually and subsequently published on the Welsh Government website, and on the Record of Proceedings (link above).

5.24    Debates provide the opportunity for exploring issues in greater depth and to hold votes on matters to pass (or not) Senedd resolutions. There are many types of debate, for example:

• Debates led by the government
• Debates led by a Senedd committee
• Debates led by an opposition group
• Debates led by an individual member (or groups of them)
• Short debates, and
• Debates on legislation (discussed separately below)

5.25 A debate must be included on the Business Statement and the motion tabled at least 5 working days before it is held. For government debates, the motion is tabled in the name of the minister with responsibility for Plenary business (Trefnydd) but is agreed by the lead minister. For most debates, there are then two working days for the Government or opposition groups to table amendments. Some debates, such as the debate on the Final Budget are non-amendable. By convention, the Llywydd will not select amendments to debates on Senedd Committee reports.

5.26 Most debates follow the same structure. The lead member (the lead minister for a government debate) opens with an introductory speech to move the motion formally. Members moving amendments, the group spokespeople and other members with a particular interest (for example, the chair of a relevant committee) are then called to speak. If there is time, the Llywydd will call other members. Finally, the lead member is re-called to respond to the comments made during the debate and to close it.

5.27 Where a motion has unanimous support, it can be agreed “on the nod” without a vote, unless the standing orders of the Senedd require a recorded vote to be taken. However, where there is any division in opinion, a vote is usually deferred until voting time at the end of each Plenary meeting when votes on all the debates held that day have taken place. Voting advice is prepared for each debate by lead policy officials in collaboration with Special Advisers and agreed by lead ministers. Votes require a simple majority to be agreed unless the Standing Orders specify otherwise. In the event of a tied vote, the Llywydd has a casting vote and unless there is a further opportunity for a matter to be discussed, will cast against a motion or amendment. The outcome of all votes is published on the Record of Proceedings.

5.28 The short debate is also treated differently. One short debate is usually held per week and is topic (rather than motion) driven so there is no vote. Topics are tabled by individual members who are selected by ballot. The member has up to fifteen minutes to speak on their issue and the lead minister has up to fifteen minutes to reply. There is no vote, and other members can only contribute with the agreement of the lead member.

Committees on senedd.wales

5.29 The titles, remits and the allocation of chairs and membership to political groups are agreed by a vote in the Senedd following a recommendation from the Business Committee. Committee chairs are elected by the Senedd as a whole, as of 2016, which is intended to enhance their independence.

5.30 The 2 exceptions are the Committee for the Scrutiny of the First Minister, which is chaired by the Deputy Presiding Officer and is made up of other committee chairs, and the Business Committee.

5.31 Agendas, papers, minutes and transcripts of Senedd Committee meetings are published on the Senedd website. Members of the public can watch a Committee meeting live from the viewing gallery, should they have an interest in the topic matter, tickets can be booked via the Senedd Commission.

5.32 Cabinet Secretariat are responsible for facilitating ministerial attendance for policy scrutiny sessions, whereas the Legislative Programme and Governance Unit arrange ministerial attendance for any domestic legislation.

5.33 The Business Committee usually meets weekly when the Senedd is sitting. It is chaired by the Llywydd and consists of the Trefnydd and a Business Manager from each of the main political groups. The Deputy Presiding Officer also attends. Members not affiliated to any Senedd groups may form a grouping for that purpose only, which could then be represented at Business Committee. They may attend and vote individually only if there are insufficient numbers of them to form such a grouping (i.e. fewer than 3). Proceedings are usually conducted in private and are therefore closed to the public. However, the Committee may choose to meet in public when discussing Senedd procedure and practice.

5.34 At each meeting, the Business Committee determines the organisation of Senedd business and may comment on the organisation of government business. These combine to form the basis of the Business Statement and Announcement which is then published and announced in Plenary by the Trefnydd setting out business for that and the following 3 weeks.

5.35 The Business Committee is also responsible for: establishing the Senedd timetable; determining the number, name, membership and remit of Committees; establishing the timetable for scrutiny of the Budget and Welsh legislation; and proposing changes to Senedd procedure, practice and standing orders.