Guidance on Public Petitions Introduction

The public petitions process is a key part of the National Assembly’s commitment to openness and accessibility.

It allows individuals, groups and organisations to participate in the democratic process, by raising issues of public concern with the Assembly and allowing members, through Committee involvement, to consider the those issues. Any person or group may submit a petition to the National Assembly in line with the following rules and guidance.

Standing Order 28 relates to the procedures for Public Petitions, and sets the provisions by which a petition can be submitted. This guidance provides information about the types of issues that the Assembly is able to consider and gives advice on the form and content of petitions.

Once a petition is submitted (and if admissible) it is referred to the relevant Assembly Committee for consideration.

Petitioners are advised to read the following guidance carefully and to seek advice from the Assembly’s Petitions Clerk on any matter of uncertainty before preparing and submitting a petition to the National Assembly.

Content

Section 1: Presenting a Petition

Section 2: Admissibility of Petitions

Section 3: Action on a Petition and Closing a Petition

Annex A: Presiding Officer’s Determinations on the Form of Petitions

Annex B: List of matters for which the Assembly is Responsible

Annex C: Example Petition

Section 1: Presentation of Petitions

1.1 Petitions may be presented in person or in writing to the Petitions Clerk. Presentation can be done on any working day but advance notice of the intention to present a petition in person will ensure that Assembly staff are available when petitioners arrive.  Notice may be given by writing, phoning or e-mailing the Petitions Clerk at the address below with details of the petition, the date and time of presentation, and the number of petitioners who will be present.

1.2 The contact details for petitions are:

The Petitions Clerk
Table Office
National Assembly for Wales
Cardiff Bay
Cardiff

CF99 1NA

Telephone:  029 2089 8210/2089 8223

1.3 The receipt by the Petitions Clerk of a petition on a working day during its agreed office hours shall constitute the presentation of the petition.

1.4 The Petitions Clerk shall confirm receipt of the petition with the Principle petitioner, along with details of how the petition will be processed.

1.5 Petitions addressed to the Assembly may also be handed directly to Government Ministers or Assembly Members.  In these cases, it is the responsibility of the Minister or Member to formally present the petition to the Assembly.

1.6 Petitions addressed directly to Government Ministers or Assembly Members may also be forwarded to the Petitions Clerk to be formally presented if the Minister or Member so wishes. The rules on public petitions will apply to any such petition.

Section 2: Admissibility of Petitions

2.1 Rules on the admissibility of Petitions are set out in Standing Order 28.2 to 28.7.

2.2 A petition must clearly indicate:

• the name of the petitioner [to be known as the 'lead petitioner’], who may be an individual person (other than a Member), a body corporate or an unincorporated association of persons;
• the address of the petitioner to which all communications concerning the petition should be sent [the 'lead petitioner’]; and
• the names and addresses of any person supporting the petition.

2.3 Standing Order 28 also sets out a number of criteria by which the admissibility of a petition is assessed. In accordance with the Standing Order, a petition is not admissible if it:

• contains fewer than 10 signatures, although this does not apply if the petitioner is a body corporate or an unincorporated association of persons;
• fails to comply with Standing Order 28.2 or is otherwise not in proper form;
  
  What this means in practice is that if a petition does not clearly indicate what is required in SO28.2 - or it is not 'written’ in line with the Presiding Officer’s published determination on the proper form of a petition - it will not be accepted. Advice and/or assistance on formatting petitions can be obtained from the Petitions Clerk who’s contact details are provided in this guidance;
• contains language which is offensive;
• requests the Assembly to do anything which the Assembly clearly has no power to do. A list of the key matters for which the Assembly is responsible together with those key areas that are reserved to the UK Parliament is provided at Annex 2; or
• is the same as, or in substantially similar terms to, a petition which was:
• presented by or on behalf of the same person, body corporate or unincorporated association during the same Assembly; and
• closed less than a year earlier. 

2.4 In practice, the function of determining whether a petition is admissible is delegated to the Petitions Clerk. Advice on admissibility can be obtained from the Petitions Clerk. If a petition is determined to be inadmissible, the Petitions Clerk shall notify the petitioner along with the reasons for that determination.

2.5 The Presiding Officer must consider and decide in a case of dispute whether a petition is admissible and must notify the petitioner, as soon as is reasonably practicable, of his or her decision and the reasons for it. The Presiding Officer must publish a register of decisions he/she has made on any dispute under Standing Order 28.6.   

General Rules of Admissibility

2.6 The Petitions Clerk may return a paper petition not in substantial conformity with Standing Order 28 to the petitioner.

2.7 The Petitions Clerk or may seek a ruling from the Presiding Officer about the conformity of any petition with these Standing Orders.

2.8 The Presiding Officer may allow a petition not in strict compliance with these rules to be presented or published, but only if the non-compliance is minor and relates to the form of the petition and not its substance.

Recording and Publication of Admissible Petitions

2.9 The Petitions Clerk will maintain a public record of all admissible petitions. This will state the name(s) of the lead petitioner; the full text of the petition; the number of signatories (although the names of the signatories will not be recorded); and the date the petition was received.

2.10 The details of all admissible petitions shall be placed on the Assembly’s Website within 5 working days of that petition being presented. The details may be removed after the dissolution of each Assembly.

Section 3: Action on a Petition

3.1 If a petition is admissible, the Presiding Officer must refer that petition to the relevant Assembly committee ("the committee”). It will be for the Petitions Clerk to decide, in liaison with the Committee Clerk (Head of Committee Service) which is the relevant Committee.

3.2 Standing Order 28.9 sets out the options open to Assembly Committees. The committee may:

• refer the petition to the government, any other committee of the Assembly or any other person or body for them to take such action as they consider appropriate;
• report to the Assembly; or
• take any other action which the committee considers appropriate.  

3.3 The committee must notify the petitioner of any action it has taken in accordance with Standing Order 28.9.

Committee Consideration

3.4 The Clerk of the Committee to which the Petition has been referred will ensure that it is considered by the Committee at soon as is practicably possible.  Once the Committee has decided what action to take, the Committee Clerk will notify the lead petitioner as soon as possible.  This will usually be within two weeks of the Committee’s decision.  If for any reason a Committee’s consideration of a petition is time consuming or extensive then the Committee Clerk will ensure, where practicably possible, that the petitioner is kept informed of the reasons.

3.5 The committee may close a petition at any time. When the committee closes a petition, it must notify the petitioner that the petition is closed along with the reasons for closing it.

Annex A Presiding Officer’s Determinations on the Proper form of Petitions

The Presiding Officer will make his or her determinations in this respect following election.

Annex B

The following table provides a list of the key areas for which the National Assembly for Wales has devolved responsibility. The table also includes a list of the key areas within Wales where responsibility is reserved to the UK Parliament. Petitions that refer to those 'reserved’ areas may not be admissible under the Assembly’s rules.

Key devolved areas include:	Key reserved areas include:
Agriculture, fisheries, forestry and rural development	Royal matters including honours and appointments
Ancient monuments and historic buildings	Regulation of banking
Culture	Defence, the armed forces and security services
Economic development	Foreign policy
Education and training	Criminal justice and policing
Environment	Prisons and penal policy
Fire and rescue services	The civil justice system
Food	Immigration and nationality
Health and health services	Social security and state pensions
Highways and transport	Energy policy
Housing	Health and safety at work
Local government	Bank and public holidays
Public administration	The national lottery
Social welfare	The media and broadcasting
Sport and recreation
Tourism
Town and country planning
Water and flood defence
Welsh language

The list above is not exhaustive, and if in any doubt, petitioners are advised to contact the Petitions Unit/Petitions Clerk for advice before preparing and submitting a petition to the National Assembly for Wales.

Annex C

The following is a suggested form for a Public Petition (please note this is not a compulsory form. Petitions can be presented in different formats, but must comply with the Assembly’s Standing Orders and this guidance)

Suggested form of a Public Petition

To the National Assembly for Wales:

Title: Insert one-line title of petition.

We, the undersigned, declare that……

Insert brief paragraph or paragraphs setting out the reasons why the petitioner(s) is/are petitioning the Assembly.

The petitioner(s) therefore request/call on that the National Assembly for Wales to…….

Insert clear request to the Assembly for a remedy that is within its competence to grant.

Name	Address	Telephone	E-mail	Date