Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 2 September 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 15 to 78 and NCs 5 to 12

 

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withdrawn amendments at the end.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

 

Parliamentary Star    

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).


 
 

Notices of Amendments: 2 September 2015                  

2

 

European Union Referendum Bill, continued

 
 

(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—

 

(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

 

Parliamentary Star    

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;


 
 

Notices of Amendments: 2 September 2015                  

3

 

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

 

Parliamentary Star    

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

5

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

 

(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.

10

(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: 2 September 2015                  

4

 

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)):—

 

Mr Bernard Jenkin

 

Paul Flynn

 

Mrs Cheryl Gillan

 

Kate Hoey

 

Mr David Jones

 

Mr Andrew Turner

 

Kelvin Hopkins

 

Gerald Jones

 

(a)

 

Parliamentary Star    

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

 

(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.

 



 
 

Notices of Amendments: 2 September 2015                  

5

 

European Union Referendum Bill, continued

 
 

Secretary Philip Hammond

 

53

 

Parliamentary Star    

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—

 

(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.


 
 

Notices of Amendments: 2 September 2015                  

6

 

European Union Referendum Bill, continued

 
 

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)).

 

Sir William Cash

 

Mr Steve Baker

 

78

 

Parliamentary Star    

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.

 


 

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

 

2; AMENDMENTS TO CLAUSE 2; REMAINING PROCEEDINGS ON CONSIDERATION

 

Ms Harriet Harman

 

Hilary Benn

 

Ms Rosie Winterton

 

Mr Pat McFadden

 

Heidi Alexander

 

17

 

Parliamentary Star    

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.


 
 

Notices of Amendments: 2 September 2015                  

7

 

European Union Referendum Bill, continued

 
 

Mike Gapes

 

20

 

Parliamentary Star    

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.

 

Secretary Philip Hammond

 

24

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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.


 
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