News releases

The Electoral Commission has decided that, although the applicant to become the lead campaigner for the ‘Yes’ campaign in the referendum adequately represented those campaigning for that outcome, the only applicant to be the lead campaigner for the ‘No’ campaign does not meet this statutory test.  In these circumstances, the law does not allow the Commission to designate lead organisations for the referendum on the law making powers of the National Assembly for Wales.

The Commission is now seeking the views of all registered campaigners on how it might help voters get information about the arguments for and against the referendum question, in addition to its planned public awareness campaign.

Kay Jenkins, Head of the Electoral Commission in Wales, said: “The only applicant for the ‘No’ campaign in Wales didn’t meet the statutory test so the Commission cannot appoint lead campaigners for this referendum.”

“Voters need to have as much information as possible about the referendum question, and we are already planning to send an information booklet to every household in Wales explaining what it is about, as well as how to take part on 3 March. Voters should look out for this next week and there will be advertising across television, radio, in Welsh newspapers and on the internet.”

“A number of campaigners – including political parties, individuals and trade unions - have also already started their campaigns. So there should be plenty of opportunities for voters to hear the arguments of both sides in the media, in campaign materials and online.”

“We are also now seeking the views of registered campaigners on what more the Commission might do to help voters get information about the arguments they are making. We will announce the results of those discussions as soon as possible.” 

The Political Parties, Elections & Referendums Act (PPERA) 2000 requires the Commission to determine whether each applicant to become a lead campaigner ‘adequately represents’ those campaigning for the relevant referendum outcome. The Commission must designate lead campaigners for both sides of the debate, or not at all.

Anyone wishing to spend more than £10,000 in the referendum must register as a ‘registered campaigner’. Any registered campaigner could  apply to become a lead campaigner, giving them access to higher spending limits, a public grant, referendum broadcasts on television and radio and free delivery of campaign material to voters.

Two campaigners submitted applications to the Commission to become ‘lead campaigners’ for the referendum. The Commission decided that while ‘Yes for Wales’ adequately represented those campaigning for the ‘Yes’ campaign, David Alwyn ap Huw Humphreys did not meet the statutory test of adequately representing those campaigning for the ‘No’ campaign.  This means that the Commission cannot appoint lead campaigners for either side of the debate.

The Commission is already planning an extensive public information campaign, including sending an information booklet to every household in Wales. The booklets are being sent to voters next week and are currently available on the Commission’s website.

The Government of Wales Act 2006 states that in the event that there are no lead campaigners for the referendum, the Commission has the discretion to “take such steps as they think appropriate to provide information…about the arguments for each answer to the referendum question.”

The Commission considered whether or not it would be possible to include additional information about the arguments for each answer to the question in the booklet it is sending out next week, or in a separate information leaflet.  The Commission decided that this was not possible within the timescales available.

The Commission has decided to seek the views of all registered campaigners this week on the following options:

• Establishing a page on the Commission’s website – which voters will already be directed in the Commission’s information booklet and advertising campaign – that would provide voters with links to the websites of all registered campaigners. This is the Commission’s preferred option.
• Offering all registered campaigners in addition the opportunity to each place a short statement of their arguments on the Commission’s website. The Commission has said it will need to consider further whether or not this option will work in practice, taking account of the response of the registered campaigners.

Once it has heard from registered campaigners, the Commission will make an announcement as soon as possible on whether it will undertake either or both of these activities.

The Commission will start sending out its information booklet to voters from 31 January. A copy of the booklet is available on the Commission’s website. For more information

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Notes to editors

1. The Electoral Commission is an independent body set up by the UK Parliament. Our aim is integrity and public confidence in the UK’s democratic process. We regulate party and election finance and set standards for well-run elections and are responsible for the conduct and regulations of referendums held under the Political Parties, Elections and Referendums Act (2000).
2. The Political Parties, Elections & Referendums Act 2000 gives the Electoral Commission other statutory responsibilities in relation to referendums. More details on our role in a referendum can be found on the Commission's website.
3. The Commission has been in contact with potential campaign organisations throughout the registration period to explain the rules and what they need to do to apply for designation. The Commission’s guidance to campaigners on the designation process can be found on the Commission's website. 
4. A list of the campaigners currently registered with the Electoral Commission for the National Assembly referendum can be found on the Commission.s website.  Campaigners could apply to be appointed lead campaigners from 16 December 2010 (the date that the Privy Council approved the National Assembly for Wales Referendum Order 2010) until 19 January 2011.  This timetable was specified in the Order.
5. Copies of the applications, as well as the Commission’s evaluation of those applications, are available on the Commission website [LINK WHEN AVAILABLE]. Some sections of the applications – where we ask campaigners to provide us with information on their campaign plans – have been redacted. The Commission is of the view that if they made this information available before polling day – including to opposing campaigns – it could be impede campaigning.
6. The Commission Board agreed in November 2009 that decisions on the extent of the Commission’s public awareness activity, including possible information on the meaning of a ‘yes’ and ‘no’ vote in the referendum in the event that the Commission does not designate, should be made on a case-by-case basis.
7. To enable us to reach a decision on the statutory test of whether an application adequately represents those campaigning for a particular outcome, we asked applicants to provide us with the following information:

• the organisation’s objectives
• which other campaigners support their application
• how they will engage others campaigning for the same outcome, if they are designated as lead campaigner
• their campaigning plans
• their organisational capacity