House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 6th November 2008
50

Political Parties and Elections Bill, continued

Mr Jonathan Djanogly

Mrs Eleanor Laing

70


Schedule  2,  page  21,  line  13,  after ‘the’, insert ‘date of commencement of the’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

71


Schedule  2,  page  21,  line  25,  leave out paragraph 4.

Mr Jonathan Djanogly

Mrs Eleanor Laing

72


Schedule  2,  page  21,  line  37,  at end insert—

    ‘(3)
Nothing in this paragraph prevents any criminal proceedings being taken for

any other offence under this Act or any other Act.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

73


Schedule  2,  page  22,  line  4,  leave out from first ‘by’ to ‘this’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

74


Schedule  2,  page  22,  line  11,  leave out from first ‘by’ to ‘this’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

75


Schedule  2,  page  22,  line  18,  leave out from first ‘by’ to ‘this’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

76


Schedule  2,  page  22,  line  25,  leave out from first ‘by’ to ‘this’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

77


Schedule  2,  page  22,  line  27,  leave out from ‘is’ to end of line 39 and insert ‘such

requirements as specified by virtue of section 147(1A).’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

78


Schedule  2,  page  23,  line  16,  at end insert ‘at any point during the period specified

in paragraph 7(2).’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

40


Schedule  2,  page  23,  line  24,  leave out sub-paragraph (4).

Public Bill Committee: 6th November 2008
51

Political Parties and Elections Bill, continued

Mr Jonathan Djanogly

Mrs Eleanor Laing

41


Schedule  2,  page  23,  line  31,  after ‘person’, insert ‘immediately’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

42


Schedule  2,  page  23,  line  32,  after ‘is’, insert ‘, how it is to be complied with, and

the exact time period in which compliance must occur.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

43


Schedule  2,  page  23,  line  34,  leave out from ‘requirement’ to end of line 43 and

insert ‘at any point within 28 days of receipt of the notice under paragraph 6(5)’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

44


Schedule  2,  page  24,  line  8,  after ‘the’, insert ‘date of commencement of the’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

45


Schedule  2,  page  24,  line  19,  leave out sub-sub-sub-paragraph 7(3)(b)(iii).

Mr Jonathan Djanogly

Mrs Eleanor Laing

46


Schedule  2,  page  24,  line  24,  leave out paragraph 8.

Mr Jonathan Djanogly

Mrs Eleanor Laing

47


Schedule  2,  page  24,  line  33,  at end insert—

‘(3)
Nothing in this paragraph prevents any criminal proceedings being taken for any

other offence under this Act or any other Act.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

48


Schedule  2,  page  24,  line  39,  leave out sub-paragraph 9(2).

Mr Jonathan Djanogly

Mrs Eleanor Laing

49


Schedule  2,  page  24,  line  43,  leave out from ‘notice’ to end and insert ‘at any point

during the period specified in paragraph 9(1)’.

Public Bill Committee: 6th November 2008
52

Political Parties and Elections Bill, continued

Mr Jonathan Djanogly

Mrs Eleanor Laing

50


Schedule  2,  page  25,  line  6,  leave out ‘county court’ and insert ‘the High Court’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

51


Schedule  2,  page  25,  line  8,  leave out Part 3.

Mr Jonathan Djanogly

Mrs Eleanor Laing

52


Schedule  2,  page  26,  line  31,  after ‘may’, insert ‘, on an application by that person

or by decision of the Commission.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

53


Schedule  2,  page  27,  line  40,  leave out paragraph 16.

Mr Jonathan Djanogly

Mrs Eleanor Laing

54


Schedule  2,  page  28,  line  4,  after ‘made)’, insert ‘, but such provision shall not be

more punitive than any provided for under this Act.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

55


Schedule  2,  page  28,  line  24,  leave out subsection (a).

Mr Jonathan Djanogly

Mrs Eleanor Laing

56


Schedule  2,  page  29,  line  29,  leave out paragraph 20.

Mr Jonathan Djanogly

Mrs Eleanor Laing

57


Schedule  2,  page  31,  line  2,  leave out paragraph 24.

Mr Jonathan Djanogly

Mrs Eleanor Laing

59


Schedule  2,  page  32,  line  8,  at end insert ‘but such guidance will not be considered

as mandatory if in the reasonable opinion of the Commission it would be in the public

interest for them to exercise their functions otherwise thatn with regard to the guidance.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

58


Schedule  2,  page  32,  line  8,  at end insert—

Public Bill Committee: 6th November 2008
53

Political Parties and Elections Bill, continued

‘(9)
The Commission shall publish the guidance specified under this paragraph no

later than 28 days after the date of commencement of this Schedule.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

60


Schedule  2,  page  32,  line  10,  leave out paragraph 26.

Mr Jonathan Djanogly

Mrs Eleanor Laing

61


Schedule  2,  page  32,  line  20,  leave out from ‘shall’ to ‘specifying’ in line 21 and

insert ‘publish an annual report’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

62


Schedule  2,  page  32,  line  33,  at end insert—

‘(3)
In a report the Commission will not specify the names of those persons who have

been the subject of the cases specified in sub-paragraphs 1(a), (b) and (c), save

where the amount of any penalty exceeds £1,000.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

63


Schedule  2,  page  32,  line  36,  at end insert—

‘(aa)
the Serious Fraud Office,’.

New Clauses relating to functions of electoral Commission

Removal of specified offences

Mr Fabian Hamilton

NC6

To move the following Clause:—

‘(1)
The Political Parties, Elections and Referendums Act 2000 (c. 41) is amended as

follows.

(2)
The following provisions are omitted—

(a)
section 47(1)(b),

(b)
section 65(3), and

(c)
paragraph 12(1) of Schedule 7.

(3)
In Schedule 20 (penalties) the following entries in the table, and the

corresponding entries in column 2, are omitted—

(a)
Section 47(1)(b) (failure to deliver proper statement of accounts),

(b)
Section 65(3) (failure to deliver donation reports to Commission within

time limits), and

Public Bill Committee: 6th November 2008
54

Political Parties and Elections Bill, continued

(c)
paragraph 12(1) of Schedule 7 (failure to deliver donation report to

Commission within time limit).’.

Mrs Eleanor Laing

17


Clause  12,  page  10,  line  23,  leave out from ‘shall’ to end of line 26 and insert

‘amend the electoral register by means only of an additional entry at the end of the

appropriate section of the register, until the appropriate publication date of an election.’.

new clauses relating to elections and electoral registration

Individual voter registration

Mr Francis Maude

Nick Herbert

Mrs Eleanor Laing

Mr Jonathan Djanogly

NC1

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows.

(2)
In section 10 (maintenance of registers: annual canvass), for subsections (4A) and

(4B) there is substituted—

“(4A)
Subject to subsection (4B) below, the information to be obtained by the

use of such a form for the purpose of a canvass shall include—

(a)
the signature of each of the persons in relation to whom the form

is completed;

(b)
the date of birth of each such person; and

(c)
in relation to each such person—

(i)
his national insurance number or a statement that he

does not have one,

(ii)
a statement of whether or not he has been resident in the

United Kingdom for the whole of the three-month period

ending on 15th October in the year in question, and

(iii)
any address in the United Kingdom in respect of which

he is or has applied to be registered (other than the

address in respect of which the form is completed), and

the power in subsection (4) above to prescribe a form

includes power to give effect to the requirements of the

subsection.

(4B)
An electoral officer may dispense with the requirement mentioned in

subsection (4A)(a) above in relation to any person if he is satisfied that it

is not reasonably practicable for that person to sign in a consistent and

distinctive way because of any incapacity of his or because he is unable

to read.”.

(3)
In section 10A (maintenance of registers: registration of electors)—

Public Bill Committee: 6th November 2008
55

Political Parties and Elections Bill, continued

(a)
for subsections (1A) and (1B) there is substituted—

“(1A)
Subject to subsection (1B) below, an application for registration

in respect of an address in the United Kingdom shall include—

(a)
the signature of each of the persons to whom the

application relates;

(b)
the date of birth of each such person; and

(c)
in relation to each person—

(i)
his national insurance number or a statement

that he does not have one,

(ii)
a statement of whether or not he has been

resident in the United Kingdom for the whole of

the three-month period ending on the date of the

application, and

(iii)
any other address in the United Kingdom in

respect of which he is or has applied to be

registered, and the power in subsection (1)

above to prescribe requirements includes power

to give effect to the requirements of this

subsection.

(1B)
An electoral registration officer may dispense with the

requirement mentioned in subsection (1A)(a) above in relation to

any person if he is satisfied that it is not reasonably practicable

for that person to sign in a consistent and distinctive way because

of any incapacity of his or because he is unable to read.”,

(b)
for subsection (5A) there is substituted—

“(5A)
A person’s name is to be removed from the register in respect of

any address if—

(a)
the form mentioned in section 10(4) above in respect of

that address does not include all the information relating

to him required by virtue of section 10(4A) above; or

(b)
the registration officer determines that he is not satisfied

with the information relating to that person which was

included in that form pursuant to that requirement.”.

(4)
In section 13A (alteration of registers), for subsections (2A) and (2B) there is

substituted—

“(2A)
Subject to subsection (2B) below, an application for registration under

subsection (1)(a) above in respect of an address in the United Kingdom

shall include—

(a)
the signature of each of the persons to whom the application

relates;

(b)
the date of birth of each such person; and

(c)
in relation to each such person—

(i)
his national insurance number or a statement that he

does not have one,

(ii)
a statement of whether or not he has been resident in the

United Kingdom for the whole of the three-month period

ending on the date of the application, and

(iii)
any other address in the United Kingdom in respect of

which he is or has applied to be registered, and the power

in subsection (1)(a) above to prescribe requirements

Public Bill Committee: 6th November 2008
56

Political Parties and Elections Bill, continued

includes power to give effect to the requirements of this

subsection.

(2B)
The Chief Electoral Officer may dispense with the requirement

mentioned in subsection (2A)(a) above in relation to any person if he is

satisfied that it is not reasonably practicable for that person to sign in a

consistent and distinctive way because of any incapacity of his or because

he is unable to read.”’.

Registration of British citizens overseas

Mr Francis Maude

Nick Herbert

Mrs Eleanor Laing

Mr Jonathan Djanogly

NC2

To move the following Clause:—

‘In section 2 of the Representation of the People Act 1985 (c. 50) (registration of

British citizens overseas), after paragraph (3)(b) there is inserted—

“(ba)
the declarant’s passport number or a statement that the declarant

does not have one.”’.

Opting in to the edited electoral register

Mrs Eleanor Laing

NC7


To move the following Clause:—

‘(1)
The Representation of the People (England and Wales) (Amendment)

Regulations 2001 (SI 2001/341) is amended as follows:

(2)
In regulation 93 (edited version of the register), for subsection (2) there is

substituted—

“The edited register shall include the name and address of any elector whose

details are included in the full register only if a request has been expressly made

in the form referred to in section 10(4) of the 1983 Act or in accordance with

Regulation 26 above by or on behalf of that elector for his or her name and

address to be included on the edited register.”’.