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Public Bill Committee: 6th November 2008                

57

 

Political Parties and Elections Bill, continued

 
 

Personal identifiers at the ballot box

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

NC8

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

The Representation of the People Act 1983 (“the 1983 Act”) Schedule 1

 

(Parliamentary Election Rules) shall be amended as follows.

 

(2)    

The following shall be inserted after Rule 27(1) (ballot paper to be delivered to

 

voter on application)—

 

“(1A)    

A ballot paper shall not be delivered to a voter unless he has produced a

 

specified document to the presiding officer or a clerk.

 

(1B)    

Where a voter produces a specified document, the presiding officer or

 

clerk to whom it is produced shall deliver a ballot paper to the voter

 

unless the officer or clerk decides that the document raises a reasonable

 

doubt at to whether the voter is the elector or proxy he represents himself

 

to be.

 

(1C)    

Where a voter produces a specified document to a presiding officer and

 

he so decides, he shall refuse to deliver a ballot paper to the voter.

 

(1D)    

Where a voter produces a specified document to a clerk and he so

 

decides, he shall refer the matter and produce the document to the

 

presiding officer who shall proceed as if the document has been produced

 

to him in the first place.

 

(1E)    

For the purposes of this rule a specified document is one which for the

 

time being falls within the following list—

 

(a)    

a current passport issued by the government of the United

 

Kingdom or by the government of the Republic of Ireland;

 

(b)    

a current licence to drive a motor vehicle granted under Part III

 

of the Road Traffic Act 1972 (or Part III of the Road Traffic Act

 

1988) (including a provisional licence), or under Article 12 of the

 

Road Traffic (Northern Ireland) Order 1981 or any

 

corresponding enactment for the time being in force;

 

(c)    

a credit or debit card with signature;

 

(d)    

HM forces identification card;

 

(e)    

a medical card with signature on it;

 

(f)    

a local authority valid bus pass with signature on it;

 

(g)    

a valid book for the payment of allowances, benefits or pensions

 

if it has a signature in it;

 

(h)    

a tenant book if it has a signature in it;

 

(i)    

a certified copy, or extract, of an entry of marriage issued by a

 

Registrar General, where the voter producing the copy of an

 

extract is a woman married within the period of two years ending

 

with the day of the poll concerned.

 

    

In sub-paragraph (i) above “a Registrar General” means the Registrar

 

General for England and Wales, the Registrar General of Births, Deaths

 

and Marriages for Scotland or the Register General for Northern Ireland,

 

(1F)    

Regulations may make provision varying the list in paragraph (1E) above

 

(whether by adding or deleting documents or varying any description of

 

document).


 
 

Public Bill Committee: 6th November 2008                

58

 

Political Parties and Elections Bill, continued

 
 

(1G)    

References in this rule to producing a document are to producing it for

 

inspection.”.

 

(3)    

The following shall be inserted after Rule 38(1) (incapacitated voter’s vote to be

 

marked on ballot paper on application)—

 

“(1A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

 

applies under paragraph (1) above as they apply in the case of a voter who

 

applies under Rule 37(1), but reading references to delivering a ballot

 

paper to a voter as references to causing a voter’s vote to be marked on a

 

ballot paper.”.

 

(4)    

The following shall be inserted after Rule 39(2) (blind voter to be allowed

 

assistance of companion on application)—

 

“(2A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

 

applies under paragraph (1) above as they apply in the case of a voter who

 

applies under Rule 37(1), but reading references to delivering a ballot

 

paper to a voter as references to granting a voter’s application.”.

 

(5)    

The following shall be inserted after Rule 40(1) (person entitled to mark tendered

 

ballot paper after another has voted)—

 

“(1A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a person

 

who seeks to mark a tendered ballot under paragraph (1) above as they

 

apply in the case of a voter who applies for a ballot paper under Rule

 

37(1).

 

(1B)    

Paragraph (1C) below applies where a presiding officer refuses to deliver

 

a ballot paper to a person under paragraph (1C) of Rule 37 (including that

 

paragraph as applied by Rule 38 or 39 or this Rule).

 

(1C)    

The person shall, on satisfactorily answering the questions permitted by

 

law to be asked at the poll, nevertheless be entitled, subject to the

 

following provisions of this Rule, to mark a ballot paper (in these Rules

 

referred to as “a tendered ballot paper”) in the same manner as any other

 

voter.”.

 

(6)    

The following shall be inserted after Rule 40(4)—

 

“(5)    

A person who marks a tendered ballot paper under paragraph (1C) above

 

shall sign the paper, unless it was marked after an application was refused

 

under Rule 38 or 39.

 

(6)    

A paper which is required to be signed under paragraph (5) above and is

 

not so signed shall be void.”’.

 


 

Moratorium on electoral modernisation pilots

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

NC14

 

Parliamentary Star    

To move the following Clause:—

 

‘No electoral modernisation pilot scheme which uses electronic voting and

 

electronic counting systems under section 10 (pilot schemes for local elections in


 
 

Public Bill Committee: 6th November 2008                

59

 

Political Parties and Elections Bill, continued

 
 

England and Wales) of the 2000 Act shall be commenced for a period of five

 

years beginning on the day on which this Act is passed.’.

 


 

Review of electoral modernisation piloting

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

NC15

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State shall appoint a Committee to conduct a review of electoral

 

modernisation piloting.

 

(2)    

The Secretary of State shall appoint no fewer than five and no more than ten

 

members of the Committee, who have, in the opinion of the Secretary of State,

 

relevant knowledge and experience.

 

(3)    

The Committee shall complete the review and report to the Secretary of State no

 

later than five years after the commencement of this Act.

 

(4)    

The Secretary of State shall lay a copy of the report before Parliament as soon as

 

is reasonably practicable.’.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

3

 

Clause  8,  page  5,  line  43,  leave out ‘£200’ and insert ‘£1,000’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

4

 

Clause  8,  page  6,  line  3,  leave out ‘£200’ and insert ‘£1,000’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

5

 

Clause  8,  page  6,  line  14,  leave out ‘£200’ and insert ‘£1,000’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

6

 

Clause  8,  page  7,  line  28,  leave out the words in column 2 of the table and insert ‘A

 

fine of £1000’.

 



 
 

Public Bill Committee: 6th November 2008                

60

 

Political Parties and Elections Bill, continued

 
 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

7

 

Schedule  3,  page  34,  line  2,  at end insert—

 

‘Schedule 6 to the 2000 Act (details to be given in donation reports)

 

A1  (4)  

In paragraph 2 of Schedule 6 to the 2000 Act (details to be given in donation

 

reports), after paragraph (b) of sub-paragraph (10), there is inserted—

 

“(c)    

the name and addresses of all the members of and donors to

 

the association.”.

 

      (5)  

In paragraph 2 of Schedule 6A to the 2000 Act (details to be given in

 

transaction reports), after paragraph (b) of sub-paragraph (10), there is

 

inserted—

 

“(c)    

the name and addresses of all the members of and donors to

 

the association.”.

 

      (6)  

In paragraph 2A of Schedule 6A to the 2000 Act (details to be given in

 

transaction reports), after paragraph (b) of sub-paragraph (11), there is

 

inserted—

 

“(ba)    

the name and addresses of all the members of and donors to

 

the association;”’.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

8

 

Schedule  3,  page  34,  line  4,  at beginning insert—

 

  ‘(A1)  

In paragraph 1 of Schedule 7 to the 2000 Act (prohibition on accepting

 

donations from impermissible donors), at the end of sub-paragraph (7)(c) there

 

is inserted “, or a compliance officer appointed by the holder of a relevant

 

elective office to act on his behalf.”’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

9

 

Schedule  3,  page  34,  line  4,  at beginning insert—

 

  ‘(A1)  

In paragraph 1 of Schedule 7 to the 2000 Act (prohibition on accepting

 

donations from impermissible donors), at the end of sub-paragraph (8)(a) there

 

is inserted—

 

“(aa)    

member of the House of Lords;”’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

11

 

Schedule  3,  page  39,  line  11,  leave out paragraph 10 and insert—

 

‘10      

Omit Schedule 20 (penalties).’.

 



 
 

Public Bill Committee: 6th November 2008                

61

 

Political Parties and Elections Bill, continued

 
 

David Howarth

 

Mr Alan Reid

 

18

 

Parliamentary Star - white    

Clause  10,  page  8,  line  42,  at end insert—

 

‘(4A)    

No act or statement made before the commencement of this section shall be taken

 

into account in deciding whether a person has become a candidate.’.

 


 

New Clauses Relating to Political Donations and Expenditure

 

Limits on party expenditure

 

David Howarth

 

Mr Alan Reid

 

NC3

 

To move the following Clause:—

 

‘(1)    

A registered political party that has contested 100 or more seats at a general

 

election may spend in total, including expenditure by any of its national, regional,

 

local or other organs, no more than £100 million on qualifying expenditure in any

 

period of 61 months following each general election.

 

(2)    

A registered political party that has contested fewer than 100 seats at a general

 

election may spend in total, including expenditure by any of its national, regional,

 

local or other organs, no more than £152,250 multiplied by the number of seats

 

that it did contest, plus £2,500 multiplied by the number of additional seats it

 

fights in the following election for each month or part of a month between the

 

previous general election and the following general election.

 

(3)    

If more than one general election occurs during the period of 61 months following

 

the previous general election, the Electoral Commission shall have power to

 

increase the sum referred to in subsection (1) by an amount it reasonably believes

 

to be proportionate.

 

(4)    

“Qualifying expenditure” shall include expenditure, whether or not made to

 

promote a particular candidate at a particular election, on—

 

(a)    

party political broadcasts;

 


 

expenses in respect of such broadcasts include agency fees, design costs

 

and other costs in connection with preparing or producing such

 

broadcasts;

 

(b)    

advertising of any nature (whatever the medium used);

 


 

expenses in respect of such advertising include agency fees, design costs

 

and other costs in connection with preparing, producing, distributing or

 

otherwise disseminating such advertising or anything incorporating such

 

advertising and intended to be distributed for the purpose of

 

disseminating it;

 

(c)    

unsolicited material addressed to electors (whether addressed to them by

 

name or intended for delivery to households within any particular area or

 

areas);

 


 

expenses in respect of such material include design costs and other costs

 

in connection with preparing, producing or distributing such material

 

(including the cost of postage);


 
 

Public Bill Committee: 6th November 2008                

62

 

Political Parties and Elections Bill, continued

 
 

(d)    

any manifesto or other document setting out the party’s policies;

 


 

expenses in respect of such a document include design costs and other

 

costs in connection with preparing or producing or distributing or

 

otherwise disseminating any such document;

 

(e)    

market research or canvassing conducted for the purpose of ascertaining

 

polling intentions or for the purpose of increasing the support of that

 

party or reducing the support of other parties,

 

(f)    

the provision of any services or facilities in connection with press

 

conferences or other dealings with the media,

 

(g)    

transport (by any means) of persons to any place or places with a view to

 

obtaining publicity for the party, its policies, its representatives or its

 

views,

 

(h)    

rallies and other events, including public meetings (but not annual or

 

other party conferences) organised so as to obtain publicity for the party,

 

its policies, its representatives or its views;

 


 

expenses in respect of such events include costs incurred in connection

 

with the attendance of persons at such events, the hire of premises for the

 

purposes of such events or the provision of goods, services or facilities at

 

them;

 

(i)    

any expenditure by third parties on the matters referred to in (a) to (h) that

 

is reasonably believed by the Electoral Commission to be intended to

 

increase support for that party or to reduce support for other parties.

 

(5)    

The following do not count as qualifying expenditure—

 

(a)    

any expenses incurred in respect of unsolicited material addressed to

 

party members;

 

(b)    

any expenses in respect of any property, services or facilities so far as

 

those expenses fall to be met out of public funds;

 

(c)    

any expenses incurred in respect of the remuneration or allowances

 

payable to any member of the staff (whether permanent or otherwise) of

 

the party; or

 

(d)    

any expenses incurred in respect of an individual by way of travelling

 

expenses (by any means of transport) or in providing for his

 

accommodation or other personal needs to the extent that the expenses

 

are paid by the individual from his own resources and are not reimbursed

 

to him.

 

(6)    

For the avoidance of doubt, the following shall count as qualifying expenditure—

 

(a)    

any expenses in respect of newsletters or similar publications issued by

 

or on behalf of the party with a view to giving electors in a particular

 

electoral area information about the opinions or activities of, or other

 

personal information relating to, their elected representatives or existing

 

or prospective candidates;

 

(b)    

any expenditure paid out of the House of Commons Communications

 

Allowance.’.

 



 
 

Public Bill Committee: 6th November 2008                

63

 

Political Parties and Elections Bill, continued

 
 

Cap on donations

 

David Howarth

 

Mr Alan Reid

 

NC4

 

To move the following Clause:—

 

‘(1)    

In section 54 of the 2000 Act, after subsection (1) there is inserted—

 

“(1A)    

A donation received by a registered party from a permissible donor must

 

not be accepted by the party in so far as the amount of that donation and

 

of any other donations accepted by the party from that donor during the

 

previous 12 months exceeds £50,000.

 

(1B)    

Subsection (1A) does not apply to donations to which subsections (1) and

 

(2) of section 55 apply.”.

 

(2)    

In section 56 of the 2000 Act, after subsection (2) there is inserted—

 

“(2A)    

If a registered party receives a donation which it is prohibited from

 

accepting by virtue of section 54(1A), subsection (2) applies to that

 

donation only in so far as the amount of that donation and of any other

 

donations accepted by the party from that donor during the previous 12

 

months exceeds £50,000.”.

 

(3)    

In subsection 58(1)(a) of the 2000 Act, after “(b)”, there is inserted “or (1A)”’.

 


 

Local spending limits

 

David Howarth

 

Mr Alan Reid

 

NC9

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

No registered political party may spend more than 0.3 per cent. of its national

 

spending limit on qualifying expenditure in any individual parliamentary

 

constituency during the regulated period.

 

(2)    

If a by-election is held in a constituency, the limit mentioned in subsection (1)

 

shall be increased by the relevant limit on election expenses for by-elections in

 

force at the time of the by-election.

 

(3)    

In this section—

 

“national spending limit” means the amount applicable to that party

 

according to subsection (1) or (2) of section [Limits on party

 

expenditure];

 

“the regulated period” means the periods applicable to that party according

 

to subsection (1) or (2) of section [Limits on party expenditure];

 

“qualifying expenditure” has the same meaning as in section [Limits on

 

party expenditure], except that expenditure on the remuneration or

 

allowances of staff shall count as qualifying expenditure to the extent that

 

the staff are engaged in the activities described in section [Limits on party


 
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