House of Commons Public Bill Committee Proceedings

Session 2015 - 16
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 16 June 2015
28

European Union Referendum Bill, continued

(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;

(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.””

Committee of the whole House Proceedings: 16 June 2015
29

European Union Referendum Bill, continued

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

Negatived on division  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”.”

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

Mr Bernard Jenkin

Not called  (a)

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

Mr Bernard Jenkin

Not called  (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””

Alex Salmond

Angus Robertson

Stephen Gethins

Hywel Williams

Mike Weir

Ms Tasmina Ahmed-Sheikh

Tommy Sheppard

Joanna Cherry

Negatived on division  NC3

To move the following Clause—


“Restriction on publications etc

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

Committee of the whole House Proceedings: 16 June 2015
30

European Union Referendum Bill, continued

(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;

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

level 5 on the Gibraltar standard scale.”

Committee of the whole House Proceedings: 16 June 2015
31

European Union Referendum Bill, continued

Alex Salmond

Angus Robertson

Stephen Gethins

Hywel Williams

Mike Weir

Ms Tasmina Ahmed-Sheikh

Tommy Sheppard

Joanna Cherry

Not called  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).”

Progress reported.



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