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Amendment Paper as at
Wednesday 16th February 2000
COMMITTEE OF THE WHOLE HOUSE
POLITICAL PARTIES, ELECTIONS AND REFERENDUMS BILL
(Clauses 1 to 18, Clauses 95 to 120, Schedules 1, 2, 11, 12, 13 and 14, and new Clauses and new Schedules relating to Parts I and VII)
NOTE
The Amendments have been arranged in accordance with the Order of the House [14th February], as follows:—
Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 18, new Clauses and new Schedules relating to Part I, Clauses 95 to 103, Schedule 11, Clause 104, Schedule 12, Clauses 105 to 111, Schedule 13, Clause 112, Schedule 14, Clauses 113 to 120, new Clauses and new Schedules relating to Part VII.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
36
Clause 95, page 60, line 37, leave out from 'Ireland' to end of line 39.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
44
Clause 95, page 60, line 39, at end insert 'or
(d) any two or more local government administrative units in England and Wales.'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
45
Clause 95, page 61, line 13, at end add—
'(6) The exact number, nature and wording of
(a) the question or questions, and
(b) the possible answers to each question
in a referendum or other poll to which this Part applies shall be determined after consultation with the Commission; and any views expressed by the Commission shall be published.'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
46
Clause 97, page 61, line 33, leave out from beginning to 'the' in line 34 and insert 'The date of the poll in the case of any referendum to which this Part applies shall be fixed by the Commission, and'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
47
Clause 98, page 62 line 1, after 'individual', insert 'registered in an electoral register'.
Mr Andrew Robathan
Mr Eric Forth
14
Clause 98, page 62, line 7, after 'Commission', insert ' ; but "permitted participant" shall not include any institution of the European Union.'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
48
Clause 101, page 63, line 34, leave out 'after consulting the Commission' and insert 'on the recommendation of the Commission'.
Mr Andrew Stunell
Mr Malcolm Bruce
13
Clause 102, page 64, line 28, at end insert—
'(5A) In making any designation of a permitted participant under section 101(2) or (4) the Commission shall have regard to
(i) the separate levels of support for each of the permitted participants which have given notice under section 99(1)(b) or section 99(3)(b) that they propose to campaign for the same outcome, and
(ii) evidence submitted to it by any permitted participants relating to their principal reasons for campaigning for that outcome.
(5B) Where the Commission is satisfied that more than one permitted participant has demonstrated
(a) substantial support, and
(b) a distinct "principal reason" for campaigning for the same outcome, and
(c) that it would be unreasonable to refuse designation under section 101(1),
it may designate 2 or more permitted participants for assistance under section 103.
(5C) Where the Commission makes any designation under subsesction (5C) above, they shall make such an apportionment of eligibility for assistance between the designated permitted participants as they think fit.'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
49
Clause 102, page 64, line 32, leave out 'shorter or'.
Mr Andrew Stunell
Mr Malcolm Bruce
12
Clause 103, page 64, line 40, at end insert—
'(2A) Where more than one designation has been made under section 102(5B), that amount shall be apportioned in accordance with section 102(5C).'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
50
Clause 105, page 66, line 2, leave out '£100' and insert '£200'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
51
Clause 107, page 67, line 10, leave out '£100' and insert '£200'.
Mr Secretary Straw
Mr Andrew Stunell
Mr Malcolm Bruce
8
Clause 108, page 67, line 30, leave out '30' and insert '42'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
52
Page 69, line 11, leave out Clause 111.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
53
Page 146, line 39, leave out Schedule 13.
Mr Andrew Robathan
Mr Eric Forth
15
Schedule 14, page 149, line 42, at end insert 'or—
(c) the source of the donation is a European Union institution.'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
54
Clause 118, page 72, line 41, leave out 'relevant' and insert 'referendum'.
Mr Andrew Robathan
Mr Eric Forth
16
Clause 118, page 73, line 2, at end insert 'or—
(c) any European Union institution or foreign government.'.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
56
Clause 118, page 73, line 10, leave out from 'poll' to end of line 11.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
55
Clause 118, page 73, leave out lines 19 and 20.
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
57
Clause 118, page 73, line 20, at end add—
'(5)(a) no civil servant or agency appointed by Government acting in an official capacity shall advocate any argument for or against any particular answer to any question in a referendum.
(b) in this subsection the term "civil servant" includes any person employed as a special adviser.'.
NEW CLAUSES RELATING TO PART VII
Chief counting officers, and counting officers, for referendums
Mr Secretary Straw
NC1
To move the following Clause:—
'Chapter IV
Conduct of referendums
.—(1) This section has effect in relation to any referendum to which this Part applies.
(2) There shall be a Chief Counting Officer for the referendum, who (subject to subsection (8)) shall be—
(a) the chairman of the Commission, or
(b) if the chairman of the Commission appoints some other person to act as Chief Counting Officer for the referendum, the person so appointed.
(3) The Chief Counting Officer for the referendum shall appoint a counting officer for each relevant area in Great Britain.
(4) The local authority in the case of each such area shall place the services of their officers at the disposal of the counting officer for the area for the purpose of assisting him in the discharge of his functions.
(5) Each counting officer shall, as respects the votes cast in the area for which he is appointed, certify—
(a) the number of ballot papers counted by him, and
(b) the number of votes cast in favour of each answer to a question asked in the referendum.
(6) The Chief Counting Officer shall certify—
(a) the total number of ballot papers counted, and
(b) the total number of votes cast in favour of each answer to a question asked in the referendum,
in the whole of the referendum area.
(7) Where two or more forms of ballot paper are used in the referendum, a separate number shall be certified under subsection (5)(a) or (6)(a) in relation to each form of ballot paper so used.
(8) Where the referendum is held in Northern Ireland, the Chief Electoral Officer for Northern Ireland—
(a) shall be the Chief Counting Officer for the referendum if it is held only in Northern Ireland, and
(b) in any other case shall be treated, for the purposes of subsection (5), as if he were a counting officer appointed under this section for the whole of Northern Ireland.
(9) In this section—
(a) "relevant area in Great Britain" means any of the following—
(i) a district in England or a London borough,
(ii) the City of London (including the Inner and Middle Temples), the Isle of Wight or the Isles of Scilly,
(iii) a local government area in Scotland, or
(iv) a county or county borough in Wales,
where it is comprised in the referendum area;
(b) "the local authority"—
(i) in the case of an area falling within paragraph (a)(i), (iii) or (iv), means the council for that area, and
(ii) in the case of an area falling within paragraph (a)(ii), means the Common Council of the City of London, the Council of the Isle of Wight or the Council of the Isles of Scilly, as the case may be;
(c) "the referendum area" means the parts or part of the United Kingdom, or (as the case may be) the region in England, throughout which the referendum is held as mentioned in section 95(1).'.
Orders regulating conduct of referendums
Mr Secretary Straw
NC2
To move the following Clause:—
'.—(1) The Secretary of State may by order make such provision as he considers expedient for or in connection with regulating the conduct of referendums to which this Part applies.
(2) An order under this section may, in particular—
(a) make provision for the creation of offences;
(b) apply (with or without modification) any provision of any enactment;
and different provision may be made under this section in relation to different parts of the United Kingdom.
(3) An order under this section shall not apply in relation to any referendum in relation to which specific provision is made by any other enactment for or in connection with regulating any matters relating to the conduct of the referendum, except to such extent (if any) as may be provided by that enactment.
(4) Before making an order under this section the Secretary of State shall consult the Commission.'.
Spending limits in referendums
Sir George Young
Sir Patrick Cormack
Mr Dominic Grieve
Mr Robert Walter
NC4
To move the following Clause:—
'.—(1) The Commission shall review from time to time the question of spending limits in referendums.
(2) The Commission shall present a report on any review under subsection (1) above to each House of Parliament.'.
Mr Secretary Straw
9
Title, line 4, after 'campaigns', insert 'and the conduct of referendums'.
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