|
|
| |
|
|
|
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill |
|
[The page and line references are to HL Bill 50, the bill as first printed for the Lords.] |
|
|
|
1 | Page 2, line 7, after “secretary” insert “or special adviser” |
|
2 | Page 2, line 18, leave out “the Minister or permanent secretary” and insert “the |
|
| person to whom the communication is made” |
|
3 | Page 2, line 19, leave out “the communication” and insert “it” |
|
4 | Page 2, leave out lines 24 and 25 and insert— |
|
| ““Minister of the Crown” means the holder of an office in the |
|
| government, and includes the Treasury;” |
|
|
5 | Page 3, line 12, at end insert— |
|
| |
| (i) | whether there is in place an undertaking by the person to |
|
| comply with a relevant code of conduct, and |
|
| (ii) | if so, where a copy of the code may be inspected;” |
|
6 | Page 3, line 29, at beginning insert “In this section—” |
|
7 | Page 3, line 31, at end insert— |
|
| “(b) | a “relevant code of conduct” (in subsection (2)(fa)) is a code of |
|
| conduct which governs the carrying on of the business of |
|
| consultant lobbying (whether or not it also governs other activities) |
|
| and is open to inspection by members of the public.” |
|
|
8 | Page 5, line 24, leave out subsection (7) and insert— |
|
|
| |
|
|
| |
| | |
|
| “( ) | Where an information notice has been served on a person, the Registrar |
|
| may cancel it by serving written notice to that effect on the person.” |
|
|
9 | Page 6, line 25, leave out paragraph (b) and insert— |
|
| “( ) | any individual who, not being entered in the register, engages in |
|
| lobbying in the course of that business.” |
|
|
10 | Page 8, line 37, leave out subsection (7) and insert— |
|
| “(7) | Where a penalty notice has been served on a person, the Registrar may vary |
|
| or cancel it by serving written notice to that effect on the person.” |
|
|
11 | Page 9, line 41, leave out “of notices under section 16(7)” and insert “under section |
|
| 16(7) of penalty notices” |
|
|
12 | Page 10, line 21, leave out subsection (3) and insert— |
|
| “( ) | The Registrar may publish— |
|
| (a) | revisions to any guidance published under this section; |
|
| (b) | replacement guidance.” |
|
|
13 | Page 10, line 34, at end insert “(whether or not those costs are directly connected |
|
| with the keeping of the register)” |
|
14 | Page 10, line 40, leave out subsection (6) |
|
|
15 | Page 11, line 27, leave out subsection (5) and insert— |
|
| “( ) | A statutory instrument containing any of the following regulations may |
|
| not be made unless a draft of the instrument has been laid before, and |
|
| approved by a resolution of, each House of Parliament— |
|
| (a) | regulations under section 4(5)(a) or 5(4); |
|
| (b) | the first regulations to be made under each of sections 11(3) and |
|
| |
| (c) | regulations under this Part which amend or modify the provisions |
|
| |
|
16 | Page 13, line 20, at end insert— |
|
| “( ) | In section 87 of that Act (expenditure by third parties which is not |
|
| |
| (a) | in subsection (1), omit paragraph (a) and the “or” at the end of it; |
|
|
|
| |
| | |
|
| (b) | omit subsection (2).” |
|
17 | Page 13, line 23, leave out subsection (8) and insert— |
|
| “( ) | After subsection (4) insert— |
|
| “(4A) | It is a defence for any person or third party charged with an offence |
|
| under subsection (2) or (4) to show— |
|
| (a) | that any code of practice for the time being issued under |
|
| paragraph 2 of Schedule 8A was complied with in |
|
| determining whether any expenditure is controlled |
|
| expenditure for the purposes of this Part, and |
|
| (b) | that the offence would not have been committed on the |
|
| basis of the controlled expenditure as determined in |
|
| accordance with the code.”” |
|
|
18 | Insert the following new Clause— |
|
| | “Arrangements between third parties notified to the Electoral Commission |
|
| (1) | Part 6 of the Political Parties, Elections and Referendums Act 2000 (controls |
|
| relating to third party national election campaigns) is amended as follows. |
|
| (2) | In section 94 (limits on controlled expenditure by third parties)— |
|
| (a) | after subsection (3) insert— |
|
| “(3A) | For provision requiring certain controlled expenditure to be |
|
| disregarded in determining for the purposes of subsection |
|
| (3)(a) whether a limit is exceeded, see section 94B(3) |
|
| (arrangements between third parties notified to the |
|
| |
| (b) | in subsection (4), for “such a case” substitute “the case mentioned in |
|
| |
| |
| (i) | after “Subsections (3) to (5)” insert “and section 94B(3) to |
|
| |
| (ii) | for “those subsections” substitute “those provisions”; |
|
| (d) | in subsections (8) and (10), after “the purposes of this section” insert |
|
| “, sections 94A and 94B”; |
|
| (e) | in subsection (11)(a), after “this section” insert “and sections 94A |
|
| |
| (3) | After section 94 insert— |
|
| “94A | Arrangements between third parties notified to the Commission |
|
| (1) | A recognised third party may, at any time before the end of a |
|
| regulated period, send a notice to the Commission— |
|
| (a) | stating that it is party to an arrangement of the kind |
|
| mentioned in section 94(6), |
|
| (b) | undertaking to be a lead campaigner in relation to the |
|
| |
|
|
| |
| | |
|
| (c) | identifying one or more other third parties that are parties |
|
| to the arrangement and have undertaken to be minor |
|
| campaigners in relation to it. |
|
| (2) | A recognised third party that has sent a notice under subsection (1) |
|
| may, at any time before the end of the regulated period, send one or |
|
| more supplementary notices to the Commission identifying |
|
| additional third parties that are parties to the arrangement and |
|
| have undertaken to be minor campaigners in relation to it. |
|
| (3) | As from the date of receipt by the Commission of— |
|
| (a) | a notice under subsection (1), the recognised third party that |
|
| sent the notice becomes “a lead campaigner” in relation to |
|
| |
| (b) | a notice under subsection (1) or (2), a third party identified |
|
| in the notice becomes “a minor campaigner” in relation to |
|
| |
| (4) | A notice under subsection (1) or (2) may not— |
|
| (a) | identify as a minor campaigner a third party that is a lead |
|
| campaigner in relation to the same arrangement, or |
|
| (b) | be sent by a recognised Gibraltar third party. |
|
| (5) | The Commission must, as soon as reasonably practicable after |
|
| |
| (a) | a notice under subsection (1), enter in the register |
|
| maintained under section 89 (register of notifications) the |
|
| fact that the recognised third party that sent the notice is a |
|
| lead campaigner in relation to the arrangement; |
|
| (b) | a notice under subsection (1) or (2), enter in that register the |
|
| name of each third party identified in the notice and the fact |
|
| that it is a minor campaigner in relation to the arrangement. |
|
| (6) | For provision about the effect of sending a notice under this section, |
|
| |
| 94B | Effect where arrangements are notified under section 94A |
|
| (1) | Subsection (2) applies where controlled expenditure is incurred |
|
| during a regulated period in a part of the United Kingdom— |
|
| (a) | by or on behalf of a minor campaigner in relation to an |
|
| |
| (b) | in pursuance of the arrangement. |
|
| (2) | The expenditure is treated for the purposes of sections 96 to 99A |
|
| (returns as to controlled expenditure) as having also been incurred, |
|
| during the period and in the part of the United Kingdom |
|
| concerned, by or on behalf of any lead campaigner in relation to the |
|
| arrangement who sent a notice under section 94A(1) or (2) |
|
| identifying the minor campaigner. |
|
| (3) | In determining for the purposes of section 94(3)(a) whether a limit |
|
| is exceeded by a third party during a regulated period, controlled |
|
| expenditure incurred by or on behalf of the third party is to be |
|
| |
| (a) | conditions A and B are met in relation to the expenditure, |
|
| |
|
|
| |
| | |
|
| |
| (4) | Condition A is that the expenditure— |
|
| (a) | is incurred in pursuance of an arrangement that has been |
|
| notified to the Commission under section 94A(1), and |
|
| (b) | is, by virtue of section 94(6), treated for the purposes of |
|
| section 94 and Schedule 10 as incurred by or on behalf of the |
|
| |
| (5) | Condition B is that the third party is, at the time the expenditure is |
|
| incurred, a minor campaigner in relation to the arrangement. |
|
| |
| (a) | the total of the controlled expenditure incurred during the |
|
| regulated period in any part of the United Kingdom by or |
|
| on behalf of the third party, disregarding any expenditure |
|
| in relation to which conditions A and B are met, does not |
|
| exceed the limit for that part mentioned in section 94(5), and |
|
| (b) | in the case of a regulated period in relation to which any |
|
| limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 |
|
| (periods involving parliamentary general elections), the |
|
| total of the controlled expenditure incurred during the |
|
| regulated period in any particular constituency by or on |
|
| behalf of the third party, disregarding any expenditure in |
|
| relation to which conditions A and B are met, does not |
|
| exceed the limit mentioned in section 94(5ZA). |
|
| (7) | References in subsection (6) to controlled expenditure incurred by |
|
| or on behalf of the third party include controlled expenditure that |
|
| is, by virtue of section 94(6), treated for the purposes of section 94 |
|
| and Schedule 10 as so incurred.” |
|
| (4) | In section 99 (declaration by responsible person as to return under section |
|
| 96), after subsection (2) insert— |
|
| “(2A) | Subsection (2)(b)(ii) does not apply to expenses that are treated as |
|
| incurred by or on behalf of the recognised third party by virtue of |
|
| section 94B(2) (arrangements between third parties notified to the |
|
| |
|
19 | Page 14, line 42, leave out subsection (1) and insert— |
|
| “(1) | Section 94 of the Political Parties, Elections and Referendums Act 2000 |
|
| (limits on controlled expenditure by third parties) is amended in |
|
| accordance with subsections (1A) to (1E). |
|
| (1A) | In subsection (3), for paragraph (a) (but not the “and” after it) substitute— |
|
| |
| (i) | during a regulated period, any controlled |
|
| expenditure is incurred in a part of the United |
|
| Kingdom by or on behalf of a third party in excess of |
|
| the limit for that part of the United Kingdom |
|
| mentioned in subsection (5), or |
|
| (ii) | during a regulated period in relation to which any |
|
| limit is imposed by paragraph 3, 9, 10 or 11 of |
|
|
|
| |
| | |
|
| Schedule 10 (periods involving parliamentary |
|
| general elections), any controlled expenditure is |
|
| incurred in a particular parliamentary constituency |
|
| by or on behalf of a third party in excess of the limit |
|
| mentioned in subsection (5ZA),”. |
|
| |
| (a) | in the opening words, for “(3)” substitute “(3)(a)(i)”; |
|
| (b) | in paragraph (a), for “£10,000” substitute “£20,000”; |
|
| (c) | in paragraph (b), for “£5,000” substitute “£10,000.” |
|
| (1C) | After subsection (5) insert— |
|
| “(5ZA) | The limit referred to in subsection (3)(a)(ii) is 0.05% of the total of |
|
| the maximum campaign expenditure limits in England, Scotland, |
|
| Wales and Northern Ireland.” |
|
| (1D) | In subsection (5A) for “(5)” substitute “(5ZA)”. |
|
| (1E) | In subsection (10), omit the “and” at the end of paragraph (c) and after |
|
| |
| “(e) | the “maximum campaign expenditure limit” in a part of the |
|
| United Kingdom is the limit imposed by paragraph 3 of |
|
| Schedule 9 in relation to campaign expenditure incurred in |
|
| the relevant period (within the meaning of that paragraph) |
|
| by or on behalf of a registered party which contests all the |
|
| constituencies in that part (and to which sub-paragraph (6) |
|
| of that paragraph does not apply).”” |
|
20 | Page 15, line 3, leave out from “substitute” to end of line 5 and insert “— |
|
| “(a) | in relation to England, 2% of the maximum campaign |
|
| expenditure limit in England; |
|
| (b) | in relation to Scotland, £20,000 plus 2% of the maximum |
|
| campaign expenditure limit in Scotland; |
|
| (c) | in relation to Wales, £20,000 plus 2% of the maximum |
|
| campaign expenditure limit in Wales; |
|
| (d) | in relation to Northern Ireland, £20,000 plus 2% of the |
|
| maximum campaign expenditure limit in Northern |
|
| |
21 | Page 15, line 6, leave out paragraph (b) |
|
|
22 | Page 15, line 29, leave out from “(10),” to “insert” in line 30 and insert “after |
|
| paragraph (e) (as inserted by section 27)” |
|
23 | Page 15, line 33, leave out “that Schedule” and insert “Schedule 10” |
|
24 | Page 15, line 38, leave out from “exceeded” to end of line 41 and insert “0.04% of |
|
| the total of the maximum campaign expenditure limits in England, Scotland, |
|
| Wales and Northern Ireland;” |
|
25 | Page 16, line 1, leave out paragraph (c) |
|
26 | Page 16, leave out lines 10 to 23 and insert— |
|
|