House of Commons Amendments

Session 2015 - 16
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Other Bills before Parliament

Committee of the whole House: 16 June 2015
8

European Union Referendum Bill, continued

Mr Bernard Jenkin

45

Schedule  1,  page  12,  line  38,  at end add—

“( )
Nothing in this Schedule alters the law governing charitable organisations in any

part of the United Kingdom to confer an entitlement to make a donation during a

referendum which would not have been permissible prior to the coming into force

of this Schedule.”

Mr Bernard Jenkin

42

Schedule  1,  page  13,  line  6,  leave out “any of the paragraphs (c) to (f)” and insert

“paragraph (c)”

Mr Bernard Jenkin

34

Schedule  1,  page  13,  line  6,  leave out “(f)” and insert “(e)”

Mr Bernard Jenkin

38

Schedule  1,  page  13,  line  6,  leave out “(f)” and insert “(d)”

Mr Bernard Jenkin

43

Schedule  1,  page  13,  line  10,  leave out “any of the paragraphs (c) to (f)” and insert

“paragraph (c)”

Mr Bernard Jenkin

35

Schedule  1,  page  13,  line  11,  leave out “(f)” and insert “(e)”

Mr Bernard Jenkin

39

Schedule  1,  page  13,  line  11,  leave out “(f)” and insert “(d)”

Mr Bernard Jenkin

36

Schedule  1,  page  13,  leave out lines 12 to 16

Mr Bernard Jenkin

44

Schedule  1,  page  13,  leave out lines 12 to 22

Mr Bernard Jenkin

40

Schedule  1,  page  13,  leave out lines 17 to 20

Committee of the whole House: 16 June 2015
9

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;

Committee of the whole House: 16 June 2015
10

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 Paterson

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

Sir Gerald Howarth

Mr Andrew Turner

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.
5
      (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.

As Amendments to Sir William Cash’s proposed Amendment (No. 11):—

Mr Bernard Jenkin

(a)

Line  4,  leave out “modification” and insert “modifications”

Committee of the whole House: 16 June 2015
11

European Union Referendum Bill, continued

Mr Bernard Jenkin

(b)

Line  8,  at end add—

“(3)
Section 125(2) of the 2000 Act has effect for the purposes of the referendum with

the addition of subsection—

“(e)
advocacy on any issue having a bearing on the outcome of the

referendum””

Member’s explanatory statement

The purpose of the amendment is to ensure that the “purdah” arrangements that govern

ministerial and official announcements, visits and publicity include spending money on advocacy.

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),

Committee of the whole House: 16 June 2015
12

European Union Referendum Bill, continued

“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;

(iv)
on summary conviction in Gibraltar, to a fine note exceeding

level 5 on the Gibraltar standard scale.”

Member’s explanatory statement

The New Clause prescribes a period of “purdah” in the four weeks before the referendum.

Alex Salmond

Angus Robertson

Stephen Gethins

Hywel Williams

Mike Weir

Ms Tasmina Ahmed-Sheikh

Tommy Sheppard

Joanna Cherry

NC4

To move the following Clause—


“Referendum Fairness Board

(1)
There shall be a committee of privy counsellors, to be called the Referendum

Fairness Board, whose duty is to consider any alleged breach of section

(Restriction on publications etc) which comes attention of any of its members.

(2)
Each of the following presiding officers for the time being may appoint any privy

counsellor as a member of the board—

(a)
the Speaker of the House of Commons,

(b)
the Lord Speaker,

(c)
the Presiding Officer of the Scottish Parliament,

(d)
the Speaker of the Northern Ireland Assembly, or

(e)
the Presiding Officer of the National Assembly for Wales.

(3)
The Board shall prescribe its own rules of procedure, which must include

procedures for—

(a)
instituting legal action to interdict or injunct any further breach or

repetition of an alleged breach, and

(b)
drawing to the attention of the relevant prosecuting authority any serious

or continuing breach of section (Restriction on publications etc).”

Member’s explanatory statement

The New Clause provides for swift enforcement of the “purdah” rules which would apply under

the linked New Clause in the four weeks leading up to the referendum.

Committee of the whole House: 16 June 2015
13

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

Mike Gapes

Tom Brake

51

Clause  2,  page  1,  line  16,  leave out “parliamentary” and insert “local government”

Member’s explanatory statement

The amendment would allow citizens of all countries of the European Union living in the UK and

Gibraltar to vote in the referendum.

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  17,   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

Mike Gapes

Tom Brake

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”

Committee of the whole House: 16 June 2015
14

European Union Referendum Bill, continued

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

Mike Gapes

Tom Brake

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.

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.

Mike Gapes

52

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

“(3)
Notwithstanding the provisions of the Representation of the People Act 1983, as

amended, or of any other statute, a British citizen resident overseas in a country

within the European Union will be eligible:

(a)
to register to vote and

(b)
to vote in the referendum


irrespective of the length of time that the citizen has been resident overseas.”

Member’s explanatory statement

The amendment would entitle British citizens living in any country in the European Union to vote

in the referendum irrespective of the time they have been resident overseas.



© Parliamentary copyright	Revised 16 June 2015