1

House of Commons

Notices of Amendments

given up to and including

Thursday 3 September 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Consideration of Bill

European Union Referendum Bill, As Amended

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in

accordance with the European Union Referendum Bill Programme (No. 2) Motion

to be proposed by Secretary Philip Hammond.

NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO THE APPLICATION

TO THE REFERENDUM OF SECTION 125 OF THE POLITICAL PARTIES, ELECTIONS AND

REFERENDUMS ACT 2000 OR TO THE SUBJECT MATTER OF THAT SECTION

Secretary Philip Hammond

NC10

To move the following Clause—

“Power to modify section 125 of the 2000 Act

(1)    

In this section—

(a)    

“section 125” means section 125 of the 2000 Act (restriction on

publication etc of promotional material by central and local government

etc), as modified by paragraph 26 of Schedule 1, and

(b)    

“section 125(2)” means subsection (2) of section 125 (which prevents

material to which section 125 applies from being published by or on

behalf of certain persons and bodies during the 28 days ending with the

date of the poll).

(2)    

The Minister may by regulations make provision modifying section 125, for the

purposes of the referendum, so as to exclude from section 125(2) cases where—

Notices of Amendments: 3 September 2015                  

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European Union Referendum Bill, continued

(a)    

material is published—

(i)    

in a prescribed way, or

(ii)    

by a communication of a prescribed kind, and

(b)    

such other conditions as may be prescribed are met.

(3)    

The communications that may be prescribed under subsection (2)(a)(ii) include,

in particular, oral communications and communications with the media.

(4)    

Before making any regulations under this section, the Minister must consult the

Electoral Commission.

(5)    

Consultation carried out before the commencement of this section is as effective

for the purposes of subsection (4) as consultation carried out after that

commencement.

(6)    

In this section—

“prescribed” means prescribed by the regulations;

“publish” has the same meaning as in section 125.

(7)    

This section does not affect the generality of section 4(1)(c).”

Member’s explanatory statement

This new clause enables the Minister, by regulations, to modify section 125 of the 2000 Act to

exclude material published in a way, or by a kind of communication, specified in the regulations,

subject to any conditions in the regulations. Any regulations will be subject to the affirmative

resolution procedure.

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

NC5

To move the following Clause—

“Restriction on publication etc. of promotional material by central and local

government 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 question on which the

referendum is being held;

(c)    

puts any arguments for or against the proposition that the United

Kingdom should remain a member of the European Union; or

(d)    

is designed to encourage voting at the referendum.

(2)    

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

published during the relevant period by or on behalf of—

(a)    

any Minister of the Crown, government department or local authority; or

(b)    

any other person or body whose expenses are defrayed wholly or mainly

out of public funds or by any local authority.

(3)    

Subsection (2) does not apply to—

(a)    

material made available to persons in response to specific requests for

information or to persons specifically seeking access to it;

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European Union Referendum Bill, continued

(b)    

anything done by or on behalf of the Electoral Commission or a person

or body designated under section 108 (designation of organisations to

whom assistance is available) of the 2000 Act;

(c)    

the publication of information relating to the holding of the poll; or

(d)    

the issue of press notices;

and subsection (2)(b) shall not be taken as applying to the British Broadcasting

Corporation or Sianel Pedwar Cymru.

(4)    

In this section—

(a)    

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

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

be construed accordingly);

(b)    

“the relevant period”, in relation to the referendum, means the period of

28 days ending with the date of the poll.”

Member’s explanatory statement

This new Clause replicates section 125 of the Political Parties, Elections and Referendums Act

2000, and applies it directly to the EU Referendum. It is supplemented by New Clause 6 on

Exemptions to prohibition on publication of promotional material by central and local government

etc. (No.2). Amendment 4 removes from the Bill the disapplication of section 125 of the 2000 Act.

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

NC6

To move the following Clause—

“Exemptions to prohibition on publication of promotional material by

central and local government etc. (No.2)

(1)    

For the purposes of the referendum the Secretary of State may, by regulations,

specify materials that he or she intends or expects to publish in the relevant period

to be exempted from the prohibitions on the publication of materials under

section (Restriction on publication etc. of promotional material by central and

local government etc.).

(2)    

Any materials listed in regulations made under this section will not be subject to

the prohibitions on publication under section 125 of the 2000 Act.

(3)    

In this section “the relevant period”, in relation to the referendum, means the

period of 28 days ending with the date of the poll.”

Member’s explanatory statement

This gender-neutral new clause permits the Government to specify material that they intend or

expect to publish in the “purdah” period for the referendum that would be exempted from the

prohibition on publication of promotional material contained in section 125 of the Political

Parties, Elections and Referendums Act 2000, which Amendment 4 would apply to the EU

Referendum. The material would have to be specified in regulations exercisable by statutory

instrument, which under clause 6 of this bill must be laid before and approved by a resolution of

each House of Parliament.

Notices of Amendments: 3 September 2015                  

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European Union Referendum Bill, continued

As an Amendment to Ms Harriet Harman’s proposed New Clause (Exemptions to

prohibition on publication of promotional material by central and local government etc.

(No. 2)) (NC6):—

Mr Bernard Jenkin

Paul Flynn

Mrs Cheryl Gillan

Kate Hoey

Mr David Jones

Mr Andrew Turner

Kelvin Hopkins

Gerald Jones

Sir William Cash

Mr Steve Baker

Mr David Nuttall

Nadine Dorries

Mr Graham Brady

Mrs Anne Main

John Redwood

Sir Edward Leigh

Mr John Baron

Stephen McPartland

Mr Peter Bone

Tim Loughton

Zac Goldsmith

(a)

Line  11,  at end add—

“(4)    

Before laying any regulations under subsection (1) the Government shall seek the

advice of the Electoral Commission on the subject of the proposed regulation.

(5)    

Any advice given by the Electoral Commission under this section shall be

published by the time the regulation is laid.

(6)    

Any regulations under subsection (1) must be made not less than four months

before the date of the referendum.”

Member’s explanatory statement

The Electoral Commission gives advice to the Government about proposed referendums. The

proposed subsections (4) and (5) would reinforce this role in respect of regulations made under

this section. Subsection (6) sets a time limit to ensure stable “purdah” arrangements are in place

in advance of the start of referendum campaign.

Alex Salmond

Stephen Gethins

Ms Tasmina Ahmed-Sheikh

Patrick Grady

Stuart Blair Donaldson

Caroline Lucas

11

Clause  10,  page  5,  line  28,  at end insert—

“(1A)    

(a)    

Section 1 will come into effect after a resolution has been passed by both

Houses approving arrangements for a purdah period covering a period of

five weeks before the referendum date.

(b)    

arrangements for a purdah period will include—

(i)    

restrictions on material that can be published by the government,

public bodies and the EU institutions; and

Notices of Amendments: 3 September 2015                  

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European Union Referendum Bill, continued

(ii)    

measures to determine breaches of purdah and penalties for such

a breach.”

Member’s explanatory statement

The referendum provision of the Bill could only come into effect after arrangements for purdah

had been approved by both Houses of Parliament.

Secretary Philip Hammond

53

Schedule  1,  page  19,  line  23,  leave out paragraph 26 and insert—

“26(1)  

Section 125 of the 2000 Act (restriction on publication etc of promotional

material by central and local government etc) has effect for the purposes of the

referendum with the following modifications (which clarify the effect of

certain provisions of that section and apply it to public bodies in Gibraltar).

      (2)  

Subsection (1) has effect for the purposes of the referendum as if for

paragraphs (a) to (d) there were substituted—

“(a)    

provides general information about the referendum,

(b)    

directly addresses the question of whether the United

Kingdom should remain a member of the European Union or

leave the European Union (however that question is worded in

the material),

(c)    

contains any statement or claim that—

(i)    

a particular outcome in the referendum, or

(ii)    

the United Kingdom’s remaining a member of the

European Union or leaving the European Union,

would have particular consequences or might have such

consequences, or

(d)    

is designed to encourage voting in the referendum.”

      (3)  

Subsection (2) has effect for those purposes as if after paragraph (a) there were

inserted—

“(aa)    

the Government of Gibraltar or any Gibraltar government

department; or”.

      (4)  

Subsection (3) has effect for those purposes as if—

(a)    

for paragraph (b) there were substituted—

“(b)    

anything done by or on behalf of the Electoral

Commission or a permitted participant designated

under section 108 (designation of permitted

participants to whom assistance is available);”, and

(b)    

after “Sianel Pedwar Cymru” there were inserted “or the Gibraltar

Broadcasting Corporation”.

      (5)  

Subsection (4) has effect for those purposes as if after paragraph (a) there were

inserted—

“(aa)    

“the referendum” means the referendum under section 1 of the

European Union Referendum Act 2015;”.

      (6)  

For the purposes of the referendum the following subsection is to be treated as

inserted after subsection (4)—

“(5)    

A reference in this section to expenses being defrayed wholly or

mainly out of public funds includes those expenses being defrayed

wholly or mainly by means of—

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European Union Referendum Bill, continued

(a)    

payments out of—

(i)    

the Gibraltar consolidated fund; or

(ii)    

monies voted by the Gibraltar Parliament; or

(b)    

payments by the Government of Gibraltar or any Gibraltar

government department.””

Member’s explanatory statement

This amendment applies section 125 of the 2000 Act with modifications which: clarify that the

prohibition relates to material which is directly relevant to the referendum; apply section 125 to

Gibraltar; and add an express reference to the Electoral Commission as a body to which the

section does not apply.

Sir William Cash

Mr Steve Baker

78

Schedule  1,  page  19,  line  23,   leave out paragraph 26 and insert—

“26(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.

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

4

Schedule  1,  page  19,  line  23,  leave out paragraph 26

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. The amendment should be read in conjunction with New Clause 5

(Restriction on publication etc of promotional material by central and local government etc) and

New Clause 6 (Exemptions to prohibition on publication of promotional material by central and

local government etc (No.2)).

NEW CLAUSES AND NEW SCHEDULES RELATING TO THE SUBJECT MATTER OF CLAUSE

2; AMENDMENTS TO CLAUSE 2; REMAINING PROCEEDINGS ON CONSIDERATION

Mike Gapes

20

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

Member’s explanatory statement

This amendment is intended to allow citizens of any EU country who are resident in the UK to vote

in the referendum.

Notices of Amendments: 3 September 2015                  

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European Union Referendum Bill, continued

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

17

Clause  2,  page  2,  line  2,  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

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

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

Secretary Philip Hammond

24

Clause  2,  page  2,  line  13,  leave out paragraph (c) and insert—

“(c)    

the persons who, on the date of the referendum—

(i)    

would be entitled to vote in Gibraltar as electors at a European

Parliamentary election in the combined electoral region in which

Gibraltar is comprised, and

(ii)    

fall within subsection (1A).

(1A)    

A person falls within this subsection if the person is either—

(a)    

a Commonwealth citizen, or

(b)    

a citizen of the Republic of Ireland.”

Member’s explanatory statement

This amendment includes within the category of persons entitled to vote in the referendum citizens

of the Republic of Ireland who would be entitled to vote in Gibraltar at a European Parliamentary

election.

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

18

Clause  2,  page  2,  line  13,  after “Commonwealth citizens”, insert “or citizens of the

Republic of Ireland”

Ms Harriet Harman

Hilary Benn

Ms Rosie Winterton

Mr Pat McFadden

Heidi Alexander

19

Clause  2,  page  2,  line  16,  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

This 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.