Referendums Bill

House of Commons

Session 1998-99
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Arrangement of Clauses (Contents)

Referendums Bill

A
B I L L
[AS AMENDED IN STANDING COMMITTEE C]
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 any 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-

(a) in the case of a bill introduced by a Minister of the Crown, the first reading; and

(b) in the case of any other bill, the second reading

in the House of Parliament in which it is introduced of any bill which provides for the holding of a referendum within the meaning of section 4, the Commission shall invite individuals or bodies to apply to be a designated referendum campaign in respect of that referendum.

    (2) Nothing in subsection (1) shall prevent the Commission from inviting individuals or bodies to apply to be a designated referendum campaign in respect of a referendum before the second reading of any bill which provides for the holding of that referendum.

    (3) 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.

© Parliamentary copyright 1999
Prepared 14 May 1999

Referendums Bill

	A B I L L [AS AMENDED IN STANDING COMMITTEE C] 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 any 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-
	(a) in the case of a bill introduced by a Minister of the Crown, the first reading; and
	(b) in the case of any other bill, the second reading
	in the House of Parliament in which it is introduced of any bill which provides for the holding of a referendum within the meaning of section 4, the Commission shall invite individuals or bodies to apply to be a designated referendum campaign in respect of that referendum.
	(2) Nothing in subsection (1) shall prevent the Commission from inviting individuals or bodies to apply to be a designated referendum campaign in respect of a referendum before the second reading of any bill which provides for the holding of that referendum.
	(3) 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.