House of Commons Amendments

Session 2015 - 16
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Other Bills before Parliament

Notices of Amendments: 10 June 2015
8

European Union Referendum Bill, continued

Secretary Philip Hammond

15


Schedule  1,  page  14,  line  38,  at end insert—

“Declaration where no referendum expenses incurred in referendum period

21A
For the purposes of the referendum, the following section is to be treated as

inserted after section 124 of the 2000 Act—

“124A
Declaration where no expenses in referendum period

(1)
Subsection (2) applies where, in relation to a referendum to which this

Part applies—

(a)
a permitted participant incurs no referendum expenses during

the referendum period (and no such expenses are incurred on

behalf of that participant during that period), and

(b)
accordingly, the responsible person in relation to the

permitted participant is not required to make a return under

section 120 or a declaration under section 120A.

(2)
The responsible person must, within 3 months beginning with the end

of the referendum period—

(a)
make a declaration under this section, and

(b)
deliver that declaration to the Commission.

(3)
A declaration under this section is a declaration that no referendum

expenses were incurred by or on behalf of the permitted participant

during the referendum period.

(4)
The responsible person commits an offence if, without reasonable

excuse, that person fails to comply with the requirements of subsection

(2).

(5)
If a person who is the responsible person in relation to a permitted

participant knowingly or recklessly makes a false declaration in

purported compliance with the requirement in subsection (2)(a), that

person commits an offence.

(6)
A person guilty of an offence under subsection (4) is liable—

(a)
on summary conviction in England and Wales, to a fine;

(b)
on summary conviction in Scotland or Northern Ireland, to a

fine not exceeding level 5 on the standard scale;

(c)
on summary conviction in Gibraltar, to a fine not exceeding

level 5 on the Gibraltar standard scale.

(7)
A person guilty of an offence under subsection (5) is liable—

(a)
on conviction on indictment, to imprisonment for a term not

exceeding 12 months or to a fine, or to both;

(b)
on summary conviction in England and Wales, to

imprisonment for a term not exceeding 12 months or to a fine,

or to both;

(c)
on summary conviction in Scotland, to imprisonment for a

term not exceeding 12 months or to a fine not exceeding the

statutory maximum, or to both;

(d)
on summary conviction in Northern Ireland, to imprisonment

for a term not exceeding 6 months or to a fine not exceeding

the statutory maximum, or to both;

Notices of Amendments: 10 June 2015
9

European Union Referendum Bill, continued

(e)
on summary conviction in Gibraltar, to imprisonment for a

term not exceeding 12 months or to a fine not exceeding level

5 on the Gibraltar standard scale, or to both.

(8)
The reference in subsection (7)(b) to 12 months is to be read as a

reference to 6 months in relation to an offence committed before the

commencement of section 154(1) of the Criminal Justice Act 2003.

(9)
In this section “the Gibraltar standard scale” means the standard scale

set out in Part A of Schedule 9 to the Criminal Procedure and Evidence

Act.

(10)
Schedule 19C (civil sanctions), and any order under Part 5 of that

Schedule, have effect as if the offence under subsection (4) of this

section were an offence prescribed in an order under that Part.””

Member’s explanatory statement

This amendment requires permitted participants who do not incur referendum expenses to submit

a declaration of that fact to the Electoral Commission within three months of the end of the

referendum period.

Sir William Cash

Mr Owen Patterson

Mr Steve Baker

Mr Nigel Dodds

Mr Jacob Rees-Mogg

Kelvin Hopkins

Kate Hoey

Graham Stringer

Mr Bernard Jenkin

John Redwood

Mr Nigel Evans

Dr Liam Fox

Mr Richard Bacon

Jim Shannon

Mr David Nuttall

Mr Peter Bone

Mr Christopher Chope

Mr David Burrowes

Richard Drax

Mr Douglas Carswell

11


Schedule  1,  page  17,  line  37,  leave out paragraph 25 and insert—

“25(1)
Section 125 of the 2000 Act (restriction of publication etc of promotional

material by central and local government etc) applies in relation to the

referendum during the referendum period with the following modification.

      (2)
Section 125(2)(a) of the 2000 Act has effect for the purposes of the referendum

as if, after “Crown”, there were inserted “including ministers in the Scottish

Government, the Welsh Government, the Northern Ireland Executive and Her

Majesty‘s Government of Gibraltar”.”

Member’s explanatory statement

The purpose of the amendment is to apply the “purdah” arrangements that govern ministerial and

official announcements, visits and publicity during general elections to the campaign period

before the referendum.

Notices of Amendments: 10 June 2015
10

European Union Referendum Bill, continued

CLAUSE 2; NEW CLAUSES AND NEW SCHEDULES RELATING TO THE SUBJECT MATTER

OF CLAUSE 2; CLAUSE 5; NEW CLAUSES AND NEW SCHEDULES RELATING TO THE

SUBJECT MATTER OF CLAUSE 5

Alex Salmond

Angus Robertson

Stephen Gethins

Hywel Williams

Mike Weir

Ms Tasmina Ahmed-Sheikh

Tommy Sheppard

Joanna Cherry

Caroline Lucas

18


Clause  2,  page  1,  line  15,   leave out from “electors” to the end of line 12 on page 2

and insert—


“at a local government election in any electoral area in Great Britain, or

(b)
the persons who, on the date of the referendum, would be entitled to vote

as electors at a local government election in any electoral area in

Northern Ireland.”

Member’s explanatory statement

This amendment extends the franchise in the referendum to EU nationals resident in the United

Kingdom.

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

1


Clause  2,  page  1,  line  17,  at end insert “and persons who would be so entitled

except for the fact that they will be aged 16 or 17 on the date on which the referendum is

to be held”.

Member’s explanatory statement

The amendment would entitle British citizens, qualifying Commonwealth citizens and citizens of

the Republic of Ireland aged 16 and 17 to vote in the referendum.

Stephen Phillips

12


Clause  2,  page  2,  line  9,  after “Commonwealth citizens”, insert “or citizens of the

Republic of Ireland”

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

2


Clause  2,  page  2,  line  12,  at end insert “and persons who would be so entitled

except for the fact that they will be aged 16 or 17 on the date on which the referendum is

to be held”.

Member’s explanatory statement

The amendment would entitle Commonwealth citizens aged 16 and 17 who would be entitled to

vote in Gibraltar for elections to the European Parliament to vote in the referendum.

Notices of Amendments: 10 June 2015
11

European Union Referendum Bill, continued

Alex Salmond

Angus Robertson

Stephen Gethins

Hywel Williams

Mike Weir

Ms Tasmina Ahmed-Sheikh

Tommy Sheppard

Joanna Cherry

Caroline Lucas

19


Clause  2,  page  2,  line  16,   at end add—

“(3)
A person is entitled to vote in the referendum if, on the date on which the poll at

the referendum is held, the person is aged 16 or over and registered in—

(a)
the register of local government electors, or

(b)
the register of young voters maintained under section (Register of young

voters) for any such area.”

Member’s explanatory statement

This amendment extends the franchise in the referendum to 16 and 17 year olds.

clauses 4 and 6 to 11; remaining new clauses; remaining new schedules;

remaining proceedings on the bill

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

3


Clause  4,  page  2,  line  39,  leave out subsection (2) and insert—

“(2)
The referendum shall not be held on the same day as:

(a)
elections to the Scottish Parliament;

(b)
elections to the National Assembly for Wales;

(c)
elections for the Mayor of London; or

(d)
local authority elections”.

Member’s explanatory statement

The amendment would prevent the referendum being held on the same day as Scottish Parliament,

National Assembly for Wales, London mayoral or local authority elections.

Sir William Cash

Mr Owen Patterson

Mr Steve Baker

Mr Nigel Dodds

Kelvin Hopkins

Kate Hoey

Graham Stringer

Mr Bernard Jenkin

John Redwood

Mr Nigel Evans

Dr Liam Fox

Mr Richard Bacon

Jim Shannon

Mr David Nuttall

Mr Peter Bone

Mr Christopher Chope

Mr David Burrowes

Richard Drax

Mr Douglas Carswell

7


Clause  4,  page  2,  line  39,  leave out subsection (2) and insert—

Notices of Amendments: 10 June 2015
12

European Union Referendum Bill, continued

“(2)
The referendum shall not be held on the same day as elections, other than by-

elections, that are scheduled to take place for:

(a)
the Scottish Parliament;

(b)
the National Assembly for Wales;

(c)
the Northern Ireland Assembly;

(d)
the Gibraltar Parliament;

(e)
Police and Crime Commissioners in England and Wales;

(f)
the London Assembly and Mayor of London; or

(g)
local authorities and mayors in the United Kingdom and Gibraltar.”

Member’s explanatory statement

The purpose of the amendment is to ensure that the referendum is not held on the same day as other

polls.

Sir William Cash

Mr Owen Patterson

Mr Steve Baker

Mr Nigel Dodds

Mr Jacob Rees-Mogg

Kelvin Hopkins

Kate Hoey

Graham Stringer

Mr Bernard Jenkin

John Redwood

Mr Nigel Evans

Mr Richard Bacon

Jim Shannon

Mr David Nuttall

Mr Peter Bone

Mr Christopher Chope

Mr David Burrowes

Richard Drax

8


Clause  6,  page  3,  line  37,  at end add—

“(5)
Regulations made under this Act or the 2000 Act in respect of the referendum

must be made and come into force not less than six months before the start of the

referendum period.”

Member’s explanatory statement

The purpose of the amendment is to ensure the legislative framework for the referendum is clear

at least six months before it is required to be implemented or complied with.

Stephen Phillips

13


Clause  8,  page  4,  line  15,  at end insert ““Commonwealth citizens” does not include

citizens of any country which has terminated its membership of the Commonwealth or

which has been wholly or partly suspended from the Councils of the Commonwealth by

the Commonwealth Ministerial Action Group.”

Notices of Amendments: 10 June 2015
13

European Union Referendum Bill, continued

Sir William Cash

Mr Owen Patterson

Mr Steve Baker

Mr Nigel Dodds

Mr Jacob Rees-Mogg

Kelvin Hopkins

Kate Hoey

Graham Stringer

Mr Bernard Jenkin

John Redwood

Mr Nigel Evans

Dr Liam Fox

Mr Richard Bacon

Jim Shannon

Mr David Nuttall

Mr Peter Bone

Mr Christopher Chope

Mr David Burrowes

Richard Drax

Mr Douglas Carswell

NC1


To move the following Clause—


“Impartiality of broadcasters

(1)
Notwithstanding any enactment or legal instrument, before the start of the

referendum period the Secretary of State shall by regulations make provision to

ensure the impartiality of broadcasters during the referendum period.

(2)
Regulations made under this section must include provision for the appointment

by the Secretary of State of a referendum broadcasting adjudicator.

(3)
Regulations made under this section must require the referendum broadcasting

adjudicator

(a)
to draw up and publish guidance applicable to the referendum to ensure

the impartiality of broadcasters during the referendum period,

notwithstanding any relevant guidance currently in force or in draft; and

(b)
to make arrangements by which an allegations of breach of the guidance

on impartiality can be referred to and determined by the adjudicator and

where an allegation, in the adjudicator’s view, is vexatious or frivolous

to dismiss the allegation.

(4)
Guidance published under subsection (3)(a) shall apply to—

(a)
the holder of a licence under the Broadcasting Act 1990 or 1996 and

(b)
the British Broadcasting Corporation.

(5)
Regulations made under this section shall require the referendum broadcasting

adjudicator within one day of receipt of an allegation that a broadcaster has

breached the guidance on impartiality to determine whether the guidance has

been breached and publish its determination and, where a breach has taken place,

to require the broadcaster to remedy the breach within one day.

(6)
Regulations made under this section are to be made by statutory instrument which

is subject to annulment in pursuance of a resolution of either House of Parliament.

Member’s explanatory statement

The intention of this amendment is to ensure impartiality of television and radio broadcasters

during the referendum campaign and to allow for swift adjudication where an allegation of bias is

made.

Notices of Amendments: 10 June 2015
14

European Union Referendum Bill, continued

Alex Salmond

Angus Robertson

Stephen Gethins

Hywel Williams

Mike Weir

Ms Tasmina Ahmed-Sheikh

Tommy Sheppard

Joanna Cherry

NC3


To move the following Clause—


“Restriction on publications etc

(1)
This section applies to any material, which—

(a)
provides general information about the referendum,

(b)
deals with any of the issues raised by the referendum question,

(c)
puts any arguments for or against any outcome, or

(d)
is designed to encourage voting at the referendum.

(2)
Subject to subsection (3), no material to which this section applies is to be

published during the relevant period by or on behalf of—

(a)
the UK government,

(b)
the House of Commons or House of Lords,

(c)
the devolved administrations,

(d)
any local authority,

(e)
public bodies, or

(f)
the European Commission and European Parliament.

(3)
Sub-paragraph (2) does not apply to—

(a)
existing material made available to persons in response to specific

requests for information or to persons specifically seeking access to it, or

(b)
anything done by or on behalf of—

(i)
a designated organisation,

(ii)
the Electoral Commission, or

(c)
the Chief Counting Officer or any other counting officer, or

(d)
the publication of information relating to the holding of the poll.

(4)
In this paragraph—

“publish” means make available to the public at large, or any section of the

public, in whatever form and by whatever means (and “publication” is to

be construed accordingly),

“the relevant period” means the period of 28 days ending with the date of

the referendum.

(5)

(a)
A breach of the rules set out in this section, will be an offence.

(b)
A person guilty of an offence under this section, is liable—

(i)
on conviction on indictment, to a fine;

(ii)
on summary conviction in England and Wales, to a fine;

(iii)
on summary conviction in Scotland or Northern Ireland, to a fine

not exceeding the statutory maximum;



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