Transparency of Lobbying, Non-Party
Campaigning and Trade Union Administration
Bill

fourth
marshalled
List of amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 6th November 2013, as follows—

Clause 26
Schedule 3
Clauses 27 to 32
Schedule 4
Clauses 33 to 35
Clauses 40 to 44

[Amendments marked * are new or have been altered]

Clause 26

LORD GREAVES

160G

Page 14, line 40, at end insert—

“(14)   In section 87(2)(a)(i) of that Act (expenditure by third parties which is not
controlled expenditure) after “a” insert “paid for”.”

(15)   In section 75(1ZZA)(a) of the Representation of the People Act 1983
(prohibition of expenses not authorised by election agent) after “a” insert
“paid for”.”

BARONESS ROYALL OF BLAISDON

BARONESS HAYTER OF KENTISH TOWN

 


The above-named Lords give notice of their intention to oppose the Question that Clause 26
stand part of the Bill.

Schedule 3

BARONESS HOLLINS

BARONESS FINLAY OF LLANDAFF

160H

Page 56, leave out lines 33 to 35

LORD TYLER

LORD GREAVES

BARONESS TYLER OF ENFIELD

160J

Page 56, line 35, at end insert—

“(1A)    Nothing in sub-paragraph (1) shall be taken as extending to
communications with committed supporters, who have been
actively involved in the activity of a recognised third party.

(1B)   For the purposes of sub-paragraph (1A) “actively involved”
means those who have—

(a)   made a donation (whether within the purposes of
Schedule 11 or not) to the recognised third party; or

(b)   made a direct communication (whether solicited or
otherwise) to the recognised third party in the past twelve
months; or

(c)   consented to receiving communications from the
recognised third party in the past twelve months.”

LORD GREAVES

161

Page 57, line 1, leave out “, or market research seeking views or information from,”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

BARONESS WILLIAMS OF CROSBY

161A

Page 57, line 1, leave out from “research” to end of line 2 and insert “for the purpose
of ascertaining polling intentions”

LORD GREAVES

162

Page 57, line 3, leave out “, or other media events,”

163

Page 57, leave out lines 5 to 8

LORD BEST

LORD HARRIES OF PENTREGARTH

163A

Page 57, leave out lines 9 to 14

LORD GREAVES

164

Page 57, line 9, leave out “annual”

BARONESS HOLLINS

BARONESS FINLAY OF LLANDAFF

164A

Page 57, line 10, after “conferences” insert “or other conferences that take place
annually”

LORD GREAVES

165

Page 57, line 12, leave out “the attendance of persons at such events,”

LORD TYLER

LORD GREAVES

165A

Page 57, line 14, at end insert—

“Exclusions

1AA Nothing in sub-paragraphs (3) to (5) of paragraph 1 shall be taken
as extending to any expenses incurred in respect of remuneration
or allowances payable to any member of staff (whether
permanent or otherwise) in the direct employ of the third party.”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD CORMACK

LORD RAMSBOTHAM

165B

Page 57, line 14, at end insert—

“PART 1A

QUALIFYING EXPENSES: EXCLUSIONS

2    (1)   Nothing in paragraph 1 shall be taken as extending to—

(a)   any expenses incurred in respect of the remuneration or
allowances payable to any member of the staff (whether
permanent or otherwise) of the third party,

(b)   the reasonable costs of oral or written services for
translations into languages other than English,

(c)   safety or security measures for public meetings or to
ensure the safety of one or more individuals,

(d)   the reasonable costs of making documents accessible to
those with physical or learning disabilities, or

(e)   communications between third parties and their
supporters.

(2)   In relation to sub-paragraph (1)(e) “supporters” shall include any
individual who has given specific consent to be contacted by the
organisation and by the relevant means in accordance with the
Data Protection Act 1998.”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

BARONESS WILLIAMS OF CROSBY

165C

Page 58, leave out lines 15 to 21

LORD TYLER

BARONESS WILLIAMS OF CROSBY

LORD GREAVES

165D

Page 58, line 21, leave out “consultation” and insert “consulting and trying to reach
agreement”

LORD GREAVES

LORD HARRIES OF PENTREGARTH

 


The above-named Lords give notice of their intention to oppose the Question that
Schedule 3 be the Third Schedule to the Bill.

Clause 27

LORD HARDIE

166

Page 14, line 42, leave out subsection (1)

LORD TYLER

LORD GREAVES

BARONESS WILLIAMS OF CROSBY

166A

Page 14, line 42, leave out subsection (1) and insert—

“(1)   In section 94 of the Political Parties, Elections and Referendums Act 2000,
(limits on controlled expenditure by non-recognised third parties), for
subsection (5) substitute—

“(5)   Subject to subsection (5ZA), the limits referred to in subsection (3)
are as follows—

(a)   £10,000 for England, and

(b)   £5,000 for each of Scotland, Wales and Northern Ireland.

(5ZA)   In any case where controlled expenditure is wholly or substantially
confined to any one particular parliamentary constituency (as
defined by paragraph 2A of Schedule 10) the limit is equal to the
limit on controlled expenditure set by paragraph 2B of
Schedule 10.””

LORD HARDIE

166B

Page 14, line 44, leave out paragraphs (a) and (b) and insert “for paragraphs (a) and
(b) substitute “£25,000 for each of England, Scotland, Wales and Northern
Ireland.””

LORD HODGSON OF ASTLEY ABBOTTS

167

Page 14, line 44, leave out “£5,000” and insert “£14,000”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD CORMACK

LORD RAMSBOTHAM

167A

Page 14, line 44, leave out “£5,000” and insert “£20,000”

167B

Page 14, line 44, leave out “£2,000” and insert “£10,000”

LORD HODGSON OF ASTLEY ABBOTTS

168

Page 14, line 45, leave out “£2,000” and insert “£7,000”

LORD HARDIE

169

Page 15, line 1, leave out subsection (2)

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

169A

Page 15, line 1, leave out subsection (2) and insert—

“(2)   In Schedule 10 to that Act (limits on controlled expenditure by recognised
third parties)—

(a)   In paragraph 3(2)(a) for “£793,500” substitute “£1,125,000”,

(b)   In paragraph 3(2)(b) for “£108,000” substitute “£155,000”,

(c)   In paragraph 3(2)(c) for “£60,000” substitute “£86,000”,

(d)   In paragraph 3(2)(d) for “£27,000” substitute “£40,000”.”

LORD HARDIE

169B

Page 15, line 3, leave out “2%” and insert “5%”

170

[Withdrawn]

BARONESS ROYALL OF BLAISDON

BARONESS HAYTER OF KENTISH TOWN

 


The above-named Lords give notice of their intention to oppose the Question that Clause 27
stand part of the Bill.

Clause 28

LORD TYLER

LORD GREAVES

BARONESS WILLIAMS OF CROSBY

170A

Page 16, line 22, leave out from “if” to end of line 23 and insert “the expenditure
relates to—

(a)   sending election material falling within paragraph 1 of
Schedule 8A which is—

(i)   addressed to, or

(ii)   by virtue of delivery instructions directed to,

  any person registered, or entitled to be registered, in the register of parliamentary electors for any particular constituency, or to households within a particular constituency;

(b)   unsolicited telephone calls falling within paragraph 2 of
Schedule 8A, made to such persons or households.

( )   For the purposes of this paragraph, “election material” is defined as
in section 143A.”

LORD TYLER

170B

Page 16, line 31, leave out from “is” to end of line 33 and insert “£10,000”

LORD GREAVES

170C

Page 16, line 31, leave out from “is” to end of line 33 and insert “£5,000”

LORD TYLER

170D

Page 16, leave out lines 37 and 38 and insert “£5,000”

LORD GREAVES

170E

Page 16, leave out lines 37 and 38 and insert “£500”

LORD TYLER

LORD GREAVES

BARONESS WILLIAMS OF CROSBY

170F

Page 16, line 38, at end insert—

“(2C)    The Secretary of State may by order made by statutory instrument
vary the amount of the limits in subsections (2A) and (2B).

(2D)   A statutory instrument containing an order made under
subsection (2C) may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each House
of Parliament.”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

LORD HARDIE

 


The above-named Lords give notice of their intention to oppose the Question that Clause 28
stand part of the Bill.

After Clause 28

LORD TYLER

BARONESS WILLIAMS OF CROSBY

170G

Insert the following new Clause—

“Constituency limits: exceptions

(1)   A recognised third party may exceed the constituency limits imposed by
section 28 (“the constituency limits”) in the circumstances set out in
subsections (2) and (3), subject to subsections (4) to (6).

(2)   The circumstances are that for the purposes of this section the recognised
third party records all donations of any value as prescribed by Schedule 11
to the Political Parties Elections and Referendums Act 2000 (hereafter
“PPERA 2000”) notwithstanding paragraph 4 of that Schedule.

(3)   The controlled expenditure is funded by donations of less than £250 each
from permissible donors within the parliamentary constituency or
constituencies within which the controlled expenditure has an effect under
paragraph 2A of Schedule 10 to PPERA 2000 (as inserted by this Act).

(4)   A recognised third party may not by virtue of subsection (3) exceed the
constituency limits by more than £250 in relation to any one permissible
donor.

(5)   Nothing in this section shall permit a recognised third party to exceed by
more than 50% the maximum campaign expenditure limit set out in
paragraph 3 of Schedule 10 to PPERA 2000.

(6)   Nothing in this section shall permit a recognised third party to spend more
than £15,000 in any one constituency during the regulated period, or more
than £10,000 during the post-dissolution part of the regulated period.”

Clause 29

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD CORMACK

LORD RAMSBOTHAM

 


The above-named Lords give notice of their intention to oppose the Question that Clause 29
stand part of the Bill.

After Clause 29

LORD TYLER

BARONESS WILLIAMS OF CROSBY

BARONESS TYLER OF ENFIELD

LORD HARRIES OF PENTREGARTH

170H

Insert the following new Clause—

“Third parties acting in concert

(1)   Section 94 of the Political Parties, Elections and Referendums Act 2000
(limits of controlled expenditure by non-recognised third parties) is
amended as follows.

(2)   In subsection (6)(b) after “arrangement” insert (“the plan”).

(3)   In subsection (6), at end insert “in pursuance of the plan”.”

LORD HARDIE

170J

Insert the following new Clause—

“Publication of guidelines for third parties regarding regulation of expenditure

(1)   As soon as is reasonably practicable after the passing of this Act, the
Electoral Commission shall publish guidelines to assist third parties to
determine what procedures are necessary for them to ensure compliance
with the provisions of this Act.

(2)   The provisions of this Act regulating expenditure by third parties shall not
come into effect until three months have elapsed after the publication of the
guidelines mentioned in subsection (1).

(3)   In the event that the effect of subsections (1) and (2) is that the period
remaining prior to the 2015 general election is less than the relevant period,
the limits on expenditure by third parties will be reduced to the relevant
proportion of the maximum permitted expenditure.

(4)   In subsection (3) the “relevant proportion” means the proportion of the
maximum permitted expenditure represented by

AB

where A is the number of days remaining after the expiry of the three
month period specified in subsection (2) until the date of the poll for the
2015 general election and B is 365.”

170K

Insert the following new Clause—

“Resources for Electoral Commission

The Electoral Commission will be provided with sufficient resources to
enable it to comply with any additional obligations imposed upon it as a
result of this Act.”

After Clause 30

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

BARONESS WILLIAMS OF CROSBY

170L

Insert the following new Clause—

“Controlled expenditure

(1)   Schedule 10 to the Political Parties Elections and Referendums Act 2000
(limits on controlled expenditure) is amended as follows.

(2)   In paragraph 3(3)(a) for “365 days” substitute “six months”.

(3)   In paragraph 3(3)(b) for “365 days” substitute “six months”.”

170M

Insert the following new Clause—

“Controlled expenditure by third parties

(1)   The Political Parties Elections and Referendums Act 2000 (limits on
controlled expenditure by third parties) is amended as follows.

(2)   In section 85, after subsection (4) insert—

“(4A)    “Minor third party” means a third party—

(a)   that incurs controlled expenditure only as part of a single
plan or arrangement falling within section 94(6), and

(b)   in doing so does not incur controlled expenditure in excess
of the limits in section 94(5).

(4B)   “Nominated third party” means a recognised third party in relation
to which a declaration under section 94(7A) has been submitted to
the Electoral Commission.”

(3)   In section 94, after subsection (5A) insert—

“(5B)    Subsections (3) and (4) shall not apply to a minor third party.”

(4)   In section 94 after subsection (7), insert—

“(7A)    Where subsection (6) applies, a minor third party may submit a
declaration to the Electoral Commission specifying a recognised
third party to act as its nominated third party, and any such
declaration must be signed by the minor third party and by the
responsible person for the recognised third party.

(7B)   A nominated third party shall—

(a)   count the relevant minor third party’s controlled
expenditure towards its own applicable limit under
Schedule 10;

(b)   report the relevant minor third party’s controlled
expenditure in its return under section 96.””

170N

Insert the following new Clause—

“Returns as to controlled expenditure

(1)   Section 96 of the Political Parties Elections and Referendums Act 2000
(returns as to controlled expenditure) is amended as follows.

(2)   In subsection (1)(a) after “expenditure” insert “in excess of the limits in
section 94(5)”.

(3)   After subsection (1) insert—

“(1A)    Where—

(a)   during any regulated period the total controlled
expenditure incurred by or on behalf of a recognised third
party is below the limits in section 94(5) in any relevant part
or parts of the United Kingdom, and

(b)   that period ends,

the responsible person shall submit a declaration to the Electoral
Commission that it has not spent in excess of the limits in section
94(5) in respect of the relevant part or parts of the United
Kingdom.””

LORD RAMSBOTHAM

170P

Insert the following new Clause—

“Controlled expenditure

(1)   Schedule 10 to the Political Parties Elections and Referendums Act 2000
(limits on controlled expenditure) is amended as follows.

(2)   In paragraph 3(3)(a) for “365 days” substitute “four months”.

(3)   In paragraph 3(3)(b) for “365 days” substitute “four months”.”

LORD GREAVES

170Q

Insert the following new Clause—

“Extension to local authorities

(1)   The Secretary of State may by order extend the provisions of this Part to
local authority elections in England and Wales, and may make regulations
governing its operation in relation to such elections.

(2)   Orders and regulations under this section may not be made unless a draft
has been laid before and approved by a resolution of each House of
Parliament.”

Clause 31

LORD HODGSON OF ASTLEY ABBOTTS

171

Page 24, line 39, at end insert—

“( )   In subsection (2), after paragraph (c), insert—

“(ca)   a body incorporated by Royal Charter, or”.”

172

Page 25, line 27, at end insert—

“(g)   in the case of a body falling within subsection (2)(ca) (bodies
incorporated by Royal Charter), the body’s officers.”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

 


The above-named Lords give notice of their intention to oppose the Question that Clause 31
stand part of the Bill.

Clause 32

LORD HODGSON OF ASTLEY ABBOTTS

173

Page 30, line 44, at end insert—

“( )   No report under section 95A or 95C in respect of reportable
donations or substantial donations shall be made for any period in
respect of which no such donations have been made.”

174

Page 30, line 44, at end insert—

“( )   A recognised third party may nominate as its responsible person in
relation to reporting under section 95A or 95C a person nominated
as the responsible person for those purposes by another recognised
third party.”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

 


The above-named Lords give notice of their intention to oppose the Question that Clause 32
stand part of the Bill.

Clause 33

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD RAMSBOTHAM

 


The above-named Lords give notice of their intention to oppose the Question that Clause 33
stand part of the Bill.

After Clause 35

LORD HODGSON OF ASTLEY ABBOTTS

175

Insert the following new Clause—

“Electoral Commission and Charity Commission: joint guidance

Before the commencement of this Act, the Minister shall require the
Electoral Commission and the Charity Commission to produce joint
guidance on the requirements of Part 2 as they apply to charities.”

LORD CAMPBELL-SAVOURS

LORD TYLER

LORD MARLAND

LORD HAMILTON OF EPSOM

176

Insert the following new Clause—

“PART 2A

TAX RELIEF ON DONATIONS

Tax relief on donations

(1)   In the Political Parties, Elections and Referendums Act 2000, after
section 70 insert—

“70A          Tax relief on donations

Tax relief shall be given, subject to Schedule (Tax relief on donations),
to individuals who make donations to a registered political party.”

(2)   Schedule (Tax relief on donations) has effect.”

After Schedule 4

LORD CAMPBELL-SAVOURS

LORD TYLER

LORD MARLAND

LORD HAMILTON OF EPSOM

177

Insert the following new Schedule—

“SCHEDULE

TAX RELIEF ON DONATIONS

After Schedule 6 to the Political Parties, Elections and Referendums Act
2000, insert—

“SCHEDULE 6A

TAX RELIEF ON DONATIONS

1 To obtain tax relief under section 70A (tax relief on donations),
the conditions set out in paragraph 2 must be satisfied.

2    (1)   The individual who made the donation is a permissible donor.

(2)   The registered political party to which the donation is made is
a party which, at the last general election preceding the
donation, had at least two members elected to the House of
Commons.

(3)   Conditions A to F in section 416 of the Income Tax Act 2007
(meaning of “qualifying donation”) would have been met if
the donations had been made to a charity.

(4)   The donor has given a declaration in the manner specified by
regulations made by the Commissioners for Her Majesty’s
Revenue and Customs and containing any information and
any statements required by regulations.

3 Regulations made under paragraph 2(4) may provide for
declarations—

(a)   to have effect;

(b)   to cease to have effect;

(c)   to be treated as never having had effect,

in any circumstances and for any purposes specified by the regulations.

in any circumstances and for any purposes specified by the regulations.

4 Regulations made under paragraph 2(4) are subject to
annulment pursuant to a resolution of the House of Commons.

5 Tax relief in relation to donations given by an individual must
not exceed—

(a)   £16 in the tax year 2014-2015;

(b)   £16 in the tax year 2015-2016;

(c)   £96 in the tax year 2016-2017;

(d)   an amount to be set by regulations made by the
Secretary of State in subsequent fiscal years.

6 Tax relief shall not be given on higher rate income tax.

7 The amount of tax relief (subject to paragraphs 5 and 6) shall
be computed and allocated to the political party to which the
donation was given as if that party was a charity to which
Chapter 2 of Part 8 of the Income Tax Act 2007 applies.””

Clause 41

LORD LEA OF CRONDALL

LORD WHITTY

178

Page 49, line 9, leave out paragraph (c)

179

Page 49, line 12, at end insert—

“( )   may not appoint a day before 1 January 2016 for any of the
provisions of Part 3 to come into force”

180

Page 49, line 18, leave out paragraph (c)

After Clause 41

LORD HODGSON OF ASTLEY ABBOTTS

LORD PHILLIPS OF SUDBURY

181

Insert the following new Clause—

“Operation of this Act

The Minister must before the end of the period of two years, beginning
with the day on which this Act is passed, appoint a person to review
generally the operation of this Act.”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

LORD CORMACK

LORD RAMSBOTHAM

181A

Insert the following new Clause—

“Duration of sections 26 to 35

Sections 26 to 35 shall expire and cease to have effect on 31 May 2016.”

181B

Insert the following new Clause—

“Post-election review

(1)   Within six months of the first parliamentary general election following the
passage of this Act, Parliament shall appoint a committee to conduct a
review of Part VI of the Political Parties Elections and Referendums Act
2000.

(2)   The review must address, in particular, the following matters—

(a)   the effect at that parliamentary general election of Part VI of the
Political Parties Elections and Referendums Act 2000 on—

(i)   recognised third parties;

(ii)   third party campaigners which are not recognised third
parties;

(iii)   political parties and candidates;

(iv)   public perception of undue influence in elections;

(v)   expenditure on third party campaigning; and

(b)   any other matters the committee considers appropriate.

(3)   The committee shall publish the conclusions of its review in a report, which
shall be debated in both Houses of Parliament.”

LORD HARRIES OF PENTREGARTH

BARONESS MALLALIEU

BARONESS WILLIAMS OF CROSBY

181C

Insert the following new Clause—

“Post-election review (No. 2)

(1)   Within one year of the parliamentary general election following the
passage of this Act, Parliament shall appoint a committee to conduct a
review of Part VI of the Political Parties Elections and Referendums Act
2000.

(2)   The review must address, in particular, the following matters—

(a)   the effect at that parliamentary general election of Part VI of the
Political Parties Elections and Referendums Act 2000 on—

(i)   recognised third parties;

(ii)   third party campaigners which are not recognised third
parties;

(iii)   political parties and candidates;

(iv)   public perception of undue influence in elections;

(v)   expenditure on third party campaigning; and

(b)   any other matters the committee considers appropriate.

(3)   The committee shall publish the conclusions of its review in a report, which
shall be debated in both Houses of Parliament before 31 May 2016.”

182

[Withdrawn]

After Clause 42

BARONESS ROYALL OF BLAISDON

BARONESS HAYTER OF KENTISH TOWN

182A

Insert the following new Clause—

“Coalition working

(1)   Section 94 of the Political Parties, Elections and Referendums Act 2000
(limits on controlled expenditure by third parties) is amended as follows.

(2)   In subsection (6) in the text after paragraph (b), after “shall” insert “not”.”

In the Title

BARONESS ROYALL OF BLAISDON

BARONESS HAYTER OF KENTISH TOWN

183

Line 2, leave out “consultant” and insert “professional”

Prepared 17th December 2013