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Mr. Tipping: Let me be absolutely clear about this. If Mr. Paul Sykes buys The Daily Telegraph or any other newspaper and campaigns on the euro or whatever, that is clearly not an election expense. If the hon. Member for North Cornwall (Mr. Tyler) has in mind a group producing a regular newspaper, locally focused, over a regular period of time, which is designed entirely and primarily to influence the election, clearly it is an election expense. I read the Liberal Democrats' Focus, although I do not rate it very highly. It is a regular newspaper that campaigns and tries to influence the election. It is clearly an election expense and if the hon. Gentleman has not been declaring it, I will have to take a close look round North Cornwall.
Now that I have cleared up this issue, let me say, for the third time, that I have heard what my right hon. Friend the Member for Birkenhead has said. He has heard the Government's position, and we will of course follow the debate.
Mr. Grieve:
Will the Minister give way?
Mr. Field:
My comments about my hon. Friend were made without any reservation, without any ifs or buts. My views are, I think, widely shared in all parts of the House, and we are grateful that my hon. Friend treats us in a serious manner in all our debates. I wish that others would follow that role model.
The point of tabling the amendment was in the hope that the Government would accept it. My hon. Friend has, to put it politely, been drowning as he has tried to reply to it. As he is not accepting it, this part of the Bill--this piece of nonsense--staggers on stilts to the other place. I look forward to seeing what the other place will do with it. I am sure that we will then return to the debate in this place. Therefore, I beg to ask leave to withdraw the amendment.
Mr. Deputy Speaker:
Order. There is no need for the right hon. Gentleman to withdraw the amendment. It just means that he does not have to move it when we come to that part of the amendment paper.
Amendment agreed to.
Amendments made: No. 45A, in page 56, line 21, leave out 'relevant'.
No. 46, in page 56, line 38, leave out--
and insert "Chapter".
No. 47, in page 56, line 40, after "9;", insert--
No. 48, in page 56, leave out line 43 and insert--
Amendments made: No. 105, in page 140, line 5, leave out--
and insert--
No. 106, in page 140, line 6, leave out--
and insert "such a permissible donor".
No. 107, in page 140, line 37, at end insert--
No. 108, in page 140, line 38, at end insert "registered party and any".--[Mr. Mike Hall.]
Mr. Mike O'Brien:
I beg to move amendment No. 58, in page 62, leave out lines 1 to 7 and insert--
Mr. Deputy Speaker:
With this it will be convenient to discuss Government amendments Nos. 59 to 63.
Mr. O'Brien:
Amendment No. 58 responds to concerns that were raised in Committee about the existing definition of a permitted participant. It was noted that the current definition in clause 98 did not appear to prevent foreign companies and associations from participating in a referendum campaign. It was argued that that seemed to be at odds with the proposed ban on foreign donations.
Concerns were also voiced about the broad nature of the regulation-making power in clause 98(1). The intended purpose of the power had been to enable the Secretary of State to restrict the ability of foreign companies and unincorporated associations to campaign in referendums to which part VII applies. We accept, however, that as drafted, the regulation-making power is very widely drawn, and it would be preferable to set out in the Bill the restrictions that we have in mind.
The effect of the amendment is that a permitted participant in a referendum campaign must be either an individual, a European Union-incorporated company that is carrying on business in the United Kingdom, or an unincorporated association that carries on its business or activities wholly or mainly in the United Kingdom and has its main office here. Such unincorporated associations may include trade unions.
The amended definition does not prevent an individual who is not a United Kingdom-registered voter from being a permitted participant. It is the Government's view that to restrict the ability of individuals, whether or not they are entitled to vote, to express and promote their own opinions, as opposed to financially supporting a campaign would be an undue restriction on their freedom of speech.
'section and sections 89 and 90'
'(aa) any reference to controlled expenditure incurred by or on behalf of a recognised third party during a regulated period includes any controlled expenditure so incurred during that period at any time before the third party became a recognised third party;'.
'is incurred in that part; and
(c) any reference to controlled expenditure being incurred in a part of the United Kingdom shall be construed in accordance with paragraph 2 of that Schedule.'.--[Mr. Mike Hall.]
', in his capacity as such, shall be regarded as a'
'of any property (in his capacity as such) which does not constitute a donation transmitted by the trustee to the recognised third party--
(a) on behalf of a person who, at the time of its receipt by the recognised third party, is a permissible donor falling within section 48(2), or
(b) in pursuance of a bequest made by such a person as is mentioned in section 48(3),
shall be regarded as a relevant'.
'a permissible donor falling with section 48(2)'
'recognised third party and any'.
Amendments made: No. 49, in page 57, line 42, at end insert--
'(4A) Subsections (2) to (4) do not apply to any controlled expenditure incurred at any time during the regulated period before the third party became a recognised third party, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenditure incurred at any such time.'.
No. 50, in page 57, line 44, at end insert--
'(5A) Where subsection (1)(a) applies in relation to a recognised third party and any regulated period--
(a) the requirements as to the preparation of a return under this section in respect of controlled expenditure falling within subsection (1)(a) shall have effect in relation to the third party despite the third party ceasing to be a recognised third party at or after the end of the regulated period by virtue of the lapse of the third party's notification under section 81(1); and
(b) for the purposes of, or in connection with, the discharge of obligations of the responsible person under this section and sections 91 and 92 in relation to any such return, references to the responsible person shall be read as references to the person who was the responsible person in relation to the third party immediately before that notification lapsed.'.
No. 51, in page 58, line 2, leave out--
'; and section 87(6) applies for the purposes of this section'.--[Mr. Mike Hall.]
Amendment made: No. 52, in page 58, leave out line 15.--[Mr. Mike Hall.]
Amendment made: No. 53, in page 58, line 34, after "if", insert ", without reasonable excuse,".--[Mr. Mike Hall.]
Amendments made: No. 54, in page 58, line 42, after "party", insert "during a regulated period".
No. 55, in page 59, line 8, leave out "relevant campaign" and insert "regulated".--[Mr. Mike Hall.]
Amendment made: No. 56, in page 59, line 31, at end insert--
'(1A) If the return contains a statement of relevant donations in accordance with section 89(2)(d), the Commission shall secure that the copy of the statement made available for public inspection does not include, in the case of any donation by an individual, the donor's address.'.--[Mr. Mike Hall.]
Amendment made: No. 57, in page 61, line 33, after "referendum", insert--
'to which this Part applies'.--[Mr. Mike Hall.]
'(b) any of the following by whom a notification has been given under section 99 in relation to the referendum, namely--
(i) any individual,
(ii) any company falling within section 48(2)(b), and
(iii) any unincorporated association of such a description as is mentioned in section 48(2)(f).'.
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