House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament


201

 
 

House of Commons

 
 

Wednesday 11th January 2006

 

Report Stage Proceedings

 

Electoral Administration Bill, As Amended


 

New Clauses

 

Repeal of personal identifier provisions

 

Ms Harriet Harman

 

Added  nc14

 

To move the following Clause:—

 

‘(1)    

This section applies if—

 

(a)    

an order under section 15 has had effect in relation to one or more local

 

authority areas,

 

(b)    

the Electoral Commission has made a report about the operation of the

 

order, and

 

(c)    

no order has been made under section 71(2) for the purposes of any of the

 

personal identifier provisions.

 

(2)    

The Secretary of State may, by order, repeal sections 13 to 17 and this section.

 

(3)    

The power to make an order under subsection (2) is exercisable by statutory

 

instrument, but no such order may be made unless a draft of the instrument

 

containing the order has been laid before and approved by a resolution of each

 

House of Parliament.

 

(4)    

The reference to the personal identifier provisions must be construed in

 

accordance with section 15(13).’.

 


 

Reporting donations to members of the House of Commons

 

Ms Harriet Harman

 

Added  nc15

 

To move the following Clause:—

 

‘(1)    

Schedule 7 (control of donations to individuals and members associations) to the

 

2000 Act is amended as follows.

 

(2)    

In paragraph 10, after sub-paragraph (7) insert—


 
 

Report Stage Proceedings: 11th January 2006              

202

 

Electoral Administration Bill, continued

 
 

  “(8)  

This paragraph does not apply to a donation received by a member of

 

the House of Commons.

 

      (9)  

For the purposes of sub-paragraph (8), it is immaterial whether the

 

donation is made to the member of the House of Commons in that

 

capacity or in his capacity as a member of a registered party.”

 

(3)    

In Part 5 of the Schedule , after paragraph 15 insert—

 

“Donations to members of the House of Commons

 

15A(1)  

This paragraph applies in relation to donations received by a member

 

of the House of Commons if—

 

(a)    

the House of Commons has in place arrangements requiring

 

the member to report such donations, and

 

(b)    

the Commission think that the arrangements correspond to the

 

requirements of paragraph 10.

 

      (2)  

The Commission must make such arrangements as they think

 

appropriate corresponding to section 69 as modified in pursuance of

 

paragraph 15(3) to maintain a register of such information as they

 

receive relating to such donations.”

 

(4)    

The Secretary of State must not make an order under section 69 for the purposes

 

of this section as it applies to members of the House of Commons unless he is

 

informed by the Commission that they are satisfied that they will receive the

 

information mentioned in paragraph 15A(2) of that Schedule (as inserted by

 

subsection (3) above) in relation to such members.’.

 


 

Personal identifiers (absent voters)

 

Mr David Heath

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Negatived on division  nc1

 

To move the following Clause:—

 

‘(1)    

In schedule 1 of the 1983 Act (parliamentary elections rules) in rule 24, at end

 

insert—

 

  “(2)  

The prescribed form shall include provision for the form to be signed

 

and, in the case of an elector, for stating his date of birth.”.

 

(2)    

In schedule 4 of the 2000 Act (absent voting in Great Britain), paragraph 3 is

 

amended as follows—

 

(a)    

after subparagraph (1)(a) insert—

 

“( )    

the applicant has provided personal identifiers in

 

accordance with section 13E of the 1983 Act (personal

 

identifiers), and”;

 

(b)    

after subparagraph (2)(b) insert—

 

“( )    

the applicant has provided personal identifiers in

 

accordance with section 13E of the 1983 Act (personal

 

identifiers), and”.


 
 

Report Stage Proceedings: 11th January 2006              

203

 

Electoral Administration Bill, continued

 
 

(3)    

In schedule 4 of that Act (absent voting in Great Britain), paragraph 4 is amended

 

as follows—

 

(a)    

after subparagraph (1)(a) insert—

 

“( )    

the applicant has provided personal identifiers in

 

accordance with section 13E of the 1983 Act (personal

 

identifiers), and”;

 

(b)    

after subparagraph (2)(b) insert—

 

“( )    

the applicant has provided personal identifiers in

 

accordance with section 13E of the 1983 Act (personal

 

identifiers), and”.’.

 


 

Registration officers: general duty

 

Mr David Heath

 

Negatived on division  nc2

 

To move the following Clause:—

 

‘After section 8 of the 1983 Act (registration officers) insert—

 

“8A    

Registration officers: general duty

 

(1)    

Each registration officer shall have the general duty of ensuring as far as

 

is practicable that—

 

(a)    

every person entitled to vote is registered;

5

(b)    

every person registered to vote has the opportunity to do so; and

 

(c)    

no person is registered who is not entitled to vote.

 

(2)    

Each local authority which appoints a registration officer under section 8

 

shall have a duty to provide the resources necessary to enable him to

 

carry out his duties.”.’.

 

As an Amendment to Mr David Heath’s proposed New Clause (Registration officers:

 

general duty) (NC2):—

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Not called  (a)

 

Line  6,  at end add—

 

‘(d)    

any person registered to vote who is not entitled to vote is removed from

 

the register as soon as reasonably practicable.’.

 



 
 

Report Stage Proceedings: 11th January 2006              

204

 

Electoral Administration Bill, continued

 
 

Content of election address

 

Mr David Heath

 

Not selected  nc3

 

To move the following Clause:—

 

‘(1)    

Section 91 of the 1983 Act (candidate’s right to send election address post free)

 

is amended as follows.

 

(2)    

After subsection (1) insert—

 

“(1A)    

If, and only if, the universal service provider suspects any matter in that

 

communication not properly to constitute ‘matter related to the election

 

only’ in paragraph (1)(a), then the question as to whether it is included

 

must be referred to the Electoral Commission for determination.

 

(1B)    

The universal service provider may not by any other means specify what

 

matter can be included in a communication under this section.”.’.

 


 

All postal voting

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Not selected  nc4

 

To move the following Clause:—

 

‘(1)    

Nothing in section 10 of the Representation of the People Act 2000 shall permit

 

a pilot scheme to take place by all postal voting or involve sending ballot papers

 

to electors who have not expressly and explicitly requested to vote by post.

 

(2)    

No pilot scheme shall involve the piloting of all-postal voting and no system of

 

all-postal voting shall be introduced in the United Kingdom in any election.’.

 


 

Prisoners voting

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Negatived on division  nc5

 

To move the following Clause:—

 

‘No person who has—

 

(a)    

been convicted of any criminal offence, and

 

(b)    

is currently serving a sentence of imprisonment and is detained in full-

 

time custody in consequence thereof,


 
 

Report Stage Proceedings: 11th January 2006              

205

 

Electoral Administration Bill, continued

 
 

shall be included on the register of electors.’.

 


 

Service voters

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Not selected  nc6

 

To move the following Clause:—

 

‘(1)    

The Lord Chancellor shall cause all persons who on the qualifying date have a

 

service qualification to be registered to vote.

 

(2)    

The Lord Chancellor may make such orders as are necessary in order to effect

 

subsection (1) above.

 

(3)    

Section 7 of the Representation of the People Act 2000 is repealed.’.

 


 

Forfeiture of deposits

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Not called  nc7

 

To move the following Clause:—

 

‘(1)    

Schedule 1 to the 1983 Act (parliamentary election rules) is amended as follows.

 

(2)    

In Rule 53 (return or forfeiture of candidate’s deposits), after sub-paragraph (5)

 

insert—

 

  “(6)  

A candidate who is found to have polled less than one twentieth but

 

more than one fiftieth of the total number of votes polled by all the

 

candidates shall forfeit three quarters of his deposit.”.’.

 


 

Government referendum spending

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Not selected  nc8

 

To move the following Clause:—

 

‘(1)    

Section 125 of the Political Parties, Elections and Referendums Act 2000

 

(restriction on publication etc of promotional material by central and local

 

government etc) is amended as follows.


 
 

Report Stage Proceedings: 11th January 2006              

206

 

Electoral Administration Bill, continued

 
 

(2)    

For paragraph (b) of subsection (4) substitute—

 

“(b)    

‘the relevant period’, in relation to a referendum, means the

 

period commencing when the referendum campaign begins and

 

ending with the date of the poll.”.’.

 


 

Equal constituency sizes

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Not selected  nc9

 

To move the following Clause:—

 

‘(1)    

There shall be a fixed electoral quota to determine the size of each constituency.

 

(2)    

The quota shall be determined by dividing the electorate by the number of seats.

 

(3)    

Maintaining equality shall be the overriding consideration in determining

 

electoral boundaries.’.

 


 

Challenging election results

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

Not called  nc10

 

To move the following Clause:—

 

‘The ongoing conduct of a police investigation into an election shall not prevent

 

such election result being capable of being challenged by election petition.’.

 


 

Rejected ballot papers (amendment)

 

Rosemary McKenna

 

Not called  nc11

 

To move the following Clause:—

 

‘(1)    

Rule 47 of schedule 1 (rejected ballot papers) to the Representation of the People

 

Act 1983 (c. 2) is amended as follows.

 

(2)    

In paragraph 1, for “next following paragraph” substitute “following two

 

paragraphs”.

 

(3)    

After paragraph (2) insert—

 

“(2A)  

A ballot paper—

 

(a)    

which does not bear the official mark, or


 
 

Report Stage Proceedings: 11th January 2006              

207

 

Electoral Administration Bill, continued

 
 

(b)    

on which anything is written or marked by which the voter can

 

be identified,

 

            

shall not for such reason be deemed to be void if the Returning Officer

 

is satisfied that the absence of the official mark or the presence of the

 

writing or mark by which the voter can be identified is attributable to

 

an act or omission of the Returning Officer or of a relevant person.”.’.

 


 

International agreements relating to the conduct of elections

 

Mr Bruce George

 

Not called  nc12

 

To move the following Clause:—

 

‘(1)    

In carrying out its functions under this Act, the Electoral Commission shall have

 

regard to relevant international commitments made by the United Kingdom

 

Government in respect of the conduct and monitoring of elections.

 

(2)    

The Commission shall have particular regard under subsection (1) to the

 

following—

 

(a)    

the International Parliamentary Union’s Declaration on Criteria for Free

 

and Fair Elections (1994);

 

(b)    

the Council of Europe’s Venice Commission Guidelines on Elections;

 

(c)    

the OSCE Copenhagen Declaration (1990);

 

(d)    

the UN Universal Declaration of Human Rights (1948);

 

(e)    

the International Covenant on Civil and Political Rights;

 

(f)    

the relevant case law of the European Court of Human Rights;

 

(g)    

the General Comment 25 of the UN Human Rights Committee; and

 

(h)    

the UN Declaration of Principles for International Election Observation

 

and Code of Conduct for International Observers.’.

 


 

Minimum age of voting

 

Natascha Engel

 

John Bercow

 

Stephen Williams

 

Adam Price

 

Mr Angus MacNeil

 

Mrs Sharon Hodgson

 

Not called  nc13

 

To move the following Clause:—

 

‘(1)    

In section 1 of the 1983 Act (parliamentary electors), for subsection (d)

 

substitute—

 

“(d)    

is of voting age (that is, 16 years or over),”.

 

(2)    

In section 2 of the 1983 Act (local government electors), for subsection (d)

 

substitute—


 
contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 12 January 2006