20.Section 5 relates to trigger event B. Subsection (1) requires the Standards of Conduct Committee to prepare draft guidance (“recall guidance”) about the matters to be taken into consideration by that Committee when determining whether to submit a member to a recall poll. In preparing that guidance, the Committee must consider including examples or types of conduct that may lead to a recommendation of recall, in accordance with subsection (10). Subsection (3) provides that if no recall guidance has been issued, the Committee must prepare it and carry out a public consultation, with further requirements relating to consultation set out in subsection (9). Subsection (4) requires the Committee to lay the draft guidance before the Senedd. Subsection (8) provides that the Committee must issue guidance if it is approved by a resolution of the Senedd (but cannot do so before such approval is obtained).
21.In accordance with section 2(4), for the purpose of trigger event B, a member will only become subject to a recall poll if the Senedd resolves to submit the member to a recall poll following a report from the Committee recommending it. Subsection (2) provides that the Committee must have regard to the recall guidance before recommending a member is made subject to a recall poll, and section 5(1) provides that the Committee cannot recommend that a member is made subject to a recall poll unless recall guidance has been issued under this section. This means that until recall guidance has been issued in accordance with section 5, trigger event B cannot occur (but see also section 14).
22.Subsection (5) enables the Committee to replace the recall guidance, whilst subsection (11) provides that the guidance has effect until it is replaced. Subsections (6) and (7) contain requirements in relation to any replacement guidance. The consultation requirements in subsection (9) also apply. Once issued, guidance can only be replaced and not revoked which ensures that trigger event B cannot be “switched off” without the Senedd making further primary legislation.
Commentary on Sections Part 1 – Recall of Members of the Senedd Section 5 – Trigger event B: recall guidance