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| Wednesday 11th January 2006 |
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| Electoral Administration Bill, As Amended
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| | Repeal of personal identifier provisions |
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| To move the following Clause:— |
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| | ‘(1) | This section applies if— |
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| | (a) | an order under section 15 has had effect in relation to one or more local |
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| | (b) | the Electoral Commission has made a report about the operation of the |
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| | (c) | no order has been made under section 71(2) for the purposes of any of the |
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| | personal identifier provisions. |
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| | (2) | The Secretary of State may, by order, repeal sections 13 to 17 and this section. |
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| | (3) | The power to make an order under subsection (2) is exercisable by statutory |
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| | instrument, but no such order may be made unless a draft of the instrument |
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| | containing the order has been laid before and approved by a resolution of each |
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| | (4) | The reference to the personal identifier provisions must be construed in |
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| | accordance with section 15(13).’. |
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| | Reporting donations to members of the House of Commons |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 7 (control of donations to individuals and members associations) to the |
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| | 2000 Act is amended as follows. |
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| | (2) | In paragraph 10, after sub-paragraph (7) insert— |
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| | “(8) | This paragraph does not apply to a donation received by a member of |
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| | (9) | For the purposes of sub-paragraph (8), it is immaterial whether the |
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| | donation is made to the member of the House of Commons in that |
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| | capacity or in his capacity as a member of a registered party.” |
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| | (3) | In Part 5 of the Schedule , after paragraph 15 insert— |
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| | “Donations to members of the House of Commons |
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| | 15A(1) | This paragraph applies in relation to donations received by a member |
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| | of the House of Commons if— |
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| | (a) | the House of Commons has in place arrangements requiring |
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| | the member to report such donations, and |
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| | (b) | the Commission think that the arrangements correspond to the |
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| | requirements of paragraph 10. |
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| | (2) | The Commission must make such arrangements as they think |
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| | appropriate corresponding to section 69 as modified in pursuance of |
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| | paragraph 15(3) to maintain a register of such information as they |
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| | receive relating to such donations.” |
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| | (4) | The Secretary of State must not make an order under section 69 for the purposes |
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| | of this section as it applies to members of the House of Commons unless he is |
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| | informed by the Commission that they are satisfied that they will receive the |
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| | information mentioned in paragraph 15A(2) of that Schedule (as inserted by |
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| | subsection (3) above) in relation to such members.’. |
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| | Personal identifiers (absent voters) |
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| | Negatived on division nc1 |
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| To move the following Clause:— |
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| | ‘(1) | In schedule 1 of the 1983 Act (parliamentary elections rules) in rule 24, at end |
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| | “(2) | The prescribed form shall include provision for the form to be signed |
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| | and, in the case of an elector, for stating his date of birth.”. |
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| | (2) | In schedule 4 of the 2000 Act (absent voting in Great Britain), paragraph 3 is |
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| | (a) | after subparagraph (1)(a) insert— |
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| | “( ) | the applicant has provided personal identifiers in |
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| | accordance with section 13E of the 1983 Act (personal |
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| | (b) | after subparagraph (2)(b) insert— |
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| | “( ) | the applicant has provided personal identifiers in |
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| | accordance with section 13E of the 1983 Act (personal |
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| | (3) | In schedule 4 of that Act (absent voting in Great Britain), paragraph 4 is amended |
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| | (a) | after subparagraph (1)(a) insert— |
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| | “( ) | the applicant has provided personal identifiers in |
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| | accordance with section 13E of the 1983 Act (personal |
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| | (b) | after subparagraph (2)(b) insert— |
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| | “( ) | the applicant has provided personal identifiers in |
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| | accordance with section 13E of the 1983 Act (personal |
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| | Registration officers: general duty |
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| | Negatived on division nc2 |
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| To move the following Clause:— |
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| | ‘After section 8 of the 1983 Act (registration officers) insert— |
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| | “8A | Registration officers: general duty |
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| | (1) | Each registration officer shall have the general duty of ensuring as far as |
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| | (a) | every person entitled to vote is registered; |
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5 | | (b) | every person registered to vote has the opportunity to do so; and |
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| | (c) | no person is registered who is not entitled to vote. |
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| | (2) | Each local authority which appoints a registration officer under section 8 |
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| | shall have a duty to provide the resources necessary to enable him to |
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| | carry out his duties.”.’. |
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| | As an Amendment to Mr David Heath’s proposed New Clause (Registration officers: |
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| | ‘(d) | any person registered to vote who is not entitled to vote is removed from |
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| | the register as soon as reasonably practicable.’. |
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| | Content of election address |
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| To move the following Clause:— |
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| | ‘(1) | Section 91 of the 1983 Act (candidate’s right to send election address post free) |
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| | (2) | After subsection (1) insert— |
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| | “(1A) | If, and only if, the universal service provider suspects any matter in that |
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| | communication not properly to constitute ‘matter related to the election |
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| | only’ in paragraph (1)(a), then the question as to whether it is included |
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| | must be referred to the Electoral Commission for determination. |
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| | (1B) | The universal service provider may not by any other means specify what |
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| | matter can be included in a communication under this section.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | Nothing in section 10 of the Representation of the People Act 2000 shall permit |
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| | a pilot scheme to take place by all postal voting or involve sending ballot papers |
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| | to electors who have not expressly and explicitly requested to vote by post. |
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| | (2) | No pilot scheme shall involve the piloting of all-postal voting and no system of |
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| | all-postal voting shall be introduced in the United Kingdom in any election.’. |
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| | Negatived on division nc5 |
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| To move the following Clause:— |
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| | (a) | been convicted of any criminal offence, and |
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| | (b) | is currently serving a sentence of imprisonment and is detained in full- |
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| | time custody in consequence thereof, |
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| | shall be included on the register of electors.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Lord Chancellor shall cause all persons who on the qualifying date have a |
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| | service qualification to be registered to vote. |
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| | (2) | The Lord Chancellor may make such orders as are necessary in order to effect |
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| | (3) | Section 7 of the Representation of the People Act 2000 is repealed.’. |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 1 to the 1983 Act (parliamentary election rules) is amended as follows. |
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| | (2) | In Rule 53 (return or forfeiture of candidate’s deposits), after sub-paragraph (5) |
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| | “(6) | A candidate who is found to have polled less than one twentieth but |
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| | more than one fiftieth of the total number of votes polled by all the |
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| | candidates shall forfeit three quarters of his deposit.”.’. |
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| | Government referendum spending |
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| To move the following Clause:— |
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| | ‘(1) | Section 125 of the Political Parties, Elections and Referendums Act 2000 |
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| | (restriction on publication etc of promotional material by central and local |
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| | government etc) is amended as follows. |
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| | (2) | For paragraph (b) of subsection (4) substitute— |
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| | “(b) | ‘the relevant period’, in relation to a referendum, means the |
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| | period commencing when the referendum campaign begins and |
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| | ending with the date of the poll.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a fixed electoral quota to determine the size of each constituency. |
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| | (2) | The quota shall be determined by dividing the electorate by the number of seats. |
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| | (3) | Maintaining equality shall be the overriding consideration in determining |
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| | Challenging election results |
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| To move the following Clause:— |
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| | ‘The ongoing conduct of a police investigation into an election shall not prevent |
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| | such election result being capable of being challenged by election petition.’. |
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| | Rejected ballot papers (amendment) |
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| To move the following Clause:— |
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| | ‘(1) | Rule 47 of schedule 1 (rejected ballot papers) to the Representation of the People |
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| | Act 1983 (c. 2) is amended as follows. |
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| | (2) | In paragraph 1, for “next following paragraph” substitute “following two |
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| | (3) | After paragraph (2) insert— |
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| | (a) | which does not bear the official mark, or |
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| | (b) | on which anything is written or marked by which the voter can |
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| | | shall not for such reason be deemed to be void if the Returning Officer |
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| | is satisfied that the absence of the official mark or the presence of the |
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| | writing or mark by which the voter can be identified is attributable to |
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| | an act or omission of the Returning Officer or of a relevant person.”.’. |
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| | International agreements relating to the conduct of elections |
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| To move the following Clause:— |
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| | ‘(1) | In carrying out its functions under this Act, the Electoral Commission shall have |
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| | regard to relevant international commitments made by the United Kingdom |
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| | Government in respect of the conduct and monitoring of elections. |
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| | (2) | The Commission shall have particular regard under subsection (1) to the |
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| | (a) | the International Parliamentary Union’s Declaration on Criteria for Free |
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| | and Fair Elections (1994); |
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| | (b) | the Council of Europe’s Venice Commission Guidelines on Elections; |
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| | (c) | the OSCE Copenhagen Declaration (1990); |
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| | (d) | the UN Universal Declaration of Human Rights (1948); |
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| | (e) | the International Covenant on Civil and Political Rights; |
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| | (f) | the relevant case law of the European Court of Human Rights; |
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| | (g) | the General Comment 25 of the UN Human Rights Committee; and |
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| | (h) | the UN Declaration of Principles for International Election Observation |
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| | and Code of Conduct for International Observers.’. |
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| To move the following Clause:— |
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| | ‘(1) | In section 1 of the 1983 Act (parliamentary electors), for subsection (d) |
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| | “(d) | is of voting age (that is, 16 years or over),”. |
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| | (2) | In section 2 of the 1983 Act (local government electors), for subsection (d) |
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