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

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).

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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

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

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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

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

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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

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);

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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

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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Revised 6 November 2008