Referendums Bill

House of Commons

Session 1998-99
Internet Publications
Other Bills before Parliament

Referendums Bill

This is the text of the Referendums Bill, as presented to the House of Commons on 13th January 1999.

Referendums Bill

ARRANGEMENT OF CLAUSES

Clause

1. Referendums Commission.

2. Designation of referendum campaigns.

3. Payments and broadcasting.

4. Reports on Referendums.

5. Expenses.

6. Short title.

A
B I L L
TO
Make provision for the conduct of referendums and the establishment of a referendums commission.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Referendums Commission.     1. - (1) There shall be a body corporate to be known as the Referendums Commission (referred to in this Act as the Commission) for the purpose of performing the functions assigned to it by this Act.

    (2) The Commission shall consist of a chairman and not more than four other members appointed by the Secretary of State.

    (3) The chairman of the Commission shall be a justice of the High Court.

    (4) Before appointing any member of the Commission the Secretary of State shall first obtain the agreement of the Speaker of the House of Commons to that appointment.

    (5) The Commission shall advise the Secretary of State and may make reports both on referendums in general and in relation to any referendum proposed by a Minister of the Crown under any enactment on-

(a) the wording of any question to be put; and

(b) any other matters which the Commission believe require to be regulated in order to ensure fair conduct.

    (6) The Secretary of State shall-

(a) lay any report under subsection (5) before Parliament; and

(b) publish it in such form as he considers appropriate.

Designation of referendum campaigns.     2. - (1) As soon as possible after the introduction to Parliament of any bill which provides for the holding of a referendum, the Commission shall invite individuals or bodies to apply to be a designated referendum campaign in respect of that referendum.

    (2) The Commission shall certify one individual or body as the designated referendum campaign in respect of each of the possible outcomes of the referendum, taking into account in respect of each individual or body which has made application-

(a) the ability to conduct an effective campaign;

(b) the views of political parties;

(c) the degree of public support; and

(d) such other matters as the Commission considers relevant.

Payments and broadcasting.     3. - (1) Payments may only be made out of the Consolidated Fund, the Scottish Consolidated Fund or money provided by Parliament to any referendum campaigner for any purpose connected to the promotion of a particular outcome of a referendum in respect of which a bill has been presented to Parliament if-

(a) the payments are made to designated referendum campaigns;

(b) the same amounts are made available to designated referendum campaigns for each possible outcome of the referendum;

(c) such payments are made on condition that the recipients keep accounts of sums received and spent for the purposes of the referendum, including the names of persons from whom such sums were received or to whom such sums were paid, from the day on which the recipients were designated.

    (2) The British Broadcasting Corporation, Sianel Pedwar Cymru and any service licensed under Part I or Part III of the Broadcasting Act 1990 or Part I or Part II of the Broadcasting Act 1996 shall each be responsible for ensuring that-

(a) in its overall coverage of a referendum, equivalent coverage is given, so far as possible, to the views expressed by designated referendum campaigns for each of the possible outcomes of the referendum; and

(b) no broadcast (or series of broadcasts) shall be transmitted in which views are expressed in favour of one of the possible outcomes of a referendum by a designated referendum campaign (or its representative) unless-

(i) at least one designated referendum campaign (or its representative) for each alternative outcome of the referendum is afforded a reasonable opportunity to take part in the broadcast (or broadcasts); and

(ii) the designated referendum campaigns for each possible outcome of the referendum (or their representatives) are given, between them, an opportunity to set out their views in the broadcast (or broadcasts) that is, so far as possible, equivalent to the opportunity given, between them, to those participating for each other possible outcome.

Reports on Referendums.     4. - (1) The Commission shall make a report to the Secretary of State on the conduct of any referendum conducted under any enactment.

    (2) Where it is proposed that provision be made for the holding of a referendum, the Minister in charge of the proposed provision shall ensure that the Commission is afforded a reasonable opportunity to report on that provision-

(a) in the case of a Bill, before the completion of the Bill's passage through the House of Parliament in which it is first introduced; and

(b) in the case of subordinate legislation, before it is laid before Parliament.

    (3) The Secretary of State shall lay any report under this section before Parliament.

    (4) In this section "Minister in charge of the proposed provision" means-

(a) in relation to provision proposed to be made by Act of Parliament, the Minister of the Crown in charge of the Bill for that Act in that House of Parliament in which the Bill is first introduced; and

(b) in relation to provision proposed to be made by subordinate legislation, the Minister of the Crown authorised by the parent Act of Parliament to make that subordinate legislation.

Expenses.     5. There shall be paid out of money provided by Parliament any expenses-

(a) of the Secretary of State; and

(b) of the Referendums Commission

under this Act.

Short title.     6. This Act may be cited as the Referendums Act 1999.

© Parliamentary copyright 1999
Prepared 17 March 1999