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35

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 4th November 2008

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

Political Parties and Elections Bill Committee 25-33

 

Public Bill Committee


 

Political Parties and Elections Bill

 

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.”’.

 

Mrs Eleanor Laing

 

15

 

Clause  5,  page  3,  line  35,  after ‘(d)’, insert ‘(i) and (ii)’.

 

Mrs Eleanor Laing

 

16

 

Clause  4,  page  3,  line  24,  at end insert ‘in accordance with Commissioner for

 

Public Appointments’ Code of Practice.’.

 

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


 
 

Notices of Amendments: 4th November 2008                

36

 

Political Parties and Elections Bill, continued

 
 

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

 

Personal identifiers at the ballot box

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Representations 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,


 
 

Notices of Amendments: 4th November 2008                

37

 

Political Parties and Elections Bill, continued

 
 

(1F)    

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

 

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

 

document).

 

(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.”’.

 

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.’.


 
 

Notices of Amendments: 4th November 2008                

38

 

Political Parties and Elections Bill, continued

 
 

David Howarth

 

Mr Alan Reid

 

19

 

Clause  16,  page  11,  line  22,  at beginning insert—

 

‘(1)    

The provisions of sections [Limits on party expenditure] and [Local spending

 

limits] shall apply to the period before the next general election subject to

 

Schedule [Spending limits: transitional arrangements].

 

(2)    

The Electoral Commission is under a duty to announce national and local

 

spending limits under Schedule [Spending limits: transitional arrangements] for

 

the period before the next general election before sections [Limits on party

 

expenditure] and [Local spending limits] come into force.’.

 

David Howarth

 

Mr Alan Reid

 

20

 

Clause  19,  page  12,  line  20,  at end insert ‘and

 

(g)    

section [Spending limits: transitional arrangements] and Schedule

 

[Spending limits: transitional arrangements],’.

 

David Howarth

 

Mr Alan Reid

 

NS1

 

To move the following Schedule:—

 

‘Spending limits: transitional arrangements

 

1          

Notwithstanding sections [Limits on party expenditure] and [Local spending

 

limits], the Electoral Commission may set spending national and local limits

 

for the period between the time this Act comes into force and the next general

 

election.

 

2          

In exercising its power under paragraph 1, the Electoral Commission must

 

have regard to—

 

(a)    

the number of months since the last general election and the number

 

of months remaining before a general election must be held; and

 

(b)    

the spending limits established in sections [Limits on party

 

expenditure] and [Local spending limits].

 

3          

The Electoral Commission may set different limits for parties that fought 100

 

seats or more at the last general election and those that fought fewer than 100

 

seats at the last general election, but otherwise may not set different limits for

 

different parties.

 

4          

In setting different limits for different parties under paragraph 3, the Electoral

 

Commission may take into account the number of seats fought at the last

 

general election by a party that fought fewer than 100 seats.

 

5          

In exercising its power under paragraph 1, the Electoral Commission must use

 

the definitions of qualifying expenditure laid out in sections [Limits on party

 

expenditure] and [Local spending limits].’.

 

David Howarth

 

Mr Alan Reid

 

21

 

Clause  19,  page  12,  line  21,  at end insert—

 

‘(5)    

Subsection (1) does not apply to section [Local spending limits], which comes

 

into force 14 days after the day on which this Act is passed.’.


 
 

Notices of Amendments: 4th November 2008                

39

 

Political Parties and Elections Bill, continued

 
 

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

 

expenditure] (4)(b), (c), (d) or (e) in respect of the relevant

 

constituency.’.

 

David Howarth

 

Mr Alan Reid

 

22

 

Clause  19,  page  12,  line  21,  at end insert—

 

‘(5)    

Subsection (1) does not apply to section [Limits on party expenditure], which

 

comes into force 14 days after the day on which this Act is passed.’.

 

David Howarth

 

Mr Alan Reid

 

23

 

Clause  19,  page  12,  line  20,  at end insert ‘and

 

(g)    

section [Cap on donations],’.

 

David Howarth

 

Mr Alan Reid

 

24

 

Clause  19,  page  12,  line  20,  at end insert ‘and

 

(g)    

section [Donations by companies controlled by impermissible donors],’.

 

Donations by companies controlled by impermissible donors

 

David Howarth

 

Mr Alan Reid

 

NC10

 

To move the following Clause:—


 
 

Notices of Amendments: 4th November 2008                

40

 

Political Parties and Elections Bill, continued

 
 

‘(1)    

A donation from a company controlled by an impermissible donor shall itself

 

count as not permitted.

 

(2)    

A company shall count as controlled by an impermissible donor when—

 

(a)    

an impermissible donor, or any combination of impermissible donors,

 

owns 75 per cent. or more of the voting shares in the company; or

 

(b)    

an impermissible donor acts as a shadow director of the company; or

 

(c)    

a majority of the board of directors of the company are impermissible

 

donors.

 

(3)    

“impermissible donor” means either—

 

(a)    

a donor who is not a permitted donor under the 2000 Act; or

 

(b)    

a company controlled by an impermissible donor.

 

(4)    

“shadow director” has the same meaning as it has in section 251 of the Companies

 

Act 2006.’.

 

Treatment of contributions from trade union political funds

 

David Howarth

 

Mr Alan Reid

 

NC11

 

To move the following Clause:—

 

‘(1)    

The limit on donations established by section [Cap on donations] shall apply to

 

all expenditure out of trade union political funds unless all the conditions of this

 

section have been fulfilled with regard to the expenditure in question.

 

(2)    

The conditions are that—

 

(a)    

the expenditure consists entirely of money contributed directly to the

 

funds of a political party;

 

(b)    

the expenditure consists entirely of an amount paid to a political party on

 

the basis of multiplying the number of members who are contributors to

 

the union’s political fund, or a proportion of those members (not

 

exceeding 100 per cent for any single party or any combination of

 

parties), by a certain sum;

 

(c)    

the sum referred to in paragraph (b) is less than the limit set by section

 

[Cap on donations];

 

(d)    

the consent has been obtained either of all the members who are

 

contributors to the fund, or, where the basis of the calulation of the sum

 

expended is a proportion of those members, of at least the relevant

 

proportion of the members, for the expenditure concerned.

 

(3)    

A member of a union who contributes to the political fund shall be deemed to

 

have consented for the purposes of subsection (2) if all of the following

 

conditions have been satisfied—

 

(a)    

the member was afforded during the 12 months preceding the relevant

 

expenditure a reasonable opportunity to be exempted from contributing

 

to the political fund of the union;

 

(b)    

the union has, during the 12 months preceding the relevant expenditure,

 

made reasonable efforts to acquaint all members who contribute to the

 

political fund with—

 

(i)    

the nature of a political fund;

 

(ii)    

the nature of expenditure made by the union out of the political

 

fund in the previous five years, including the identity of any

 

political parties to which payments have been made out of the

 

political fund;


 
 

Notices of Amendments: 4th November 2008                

41

 

Political Parties and Elections Bill, continued

 
 

(iii)    

the right of members to be exempt from paying contributions to

 

the fund; and

 

(iv)    

the nature of any expenditure out of the fund that the union

 

intends or reasonably expects to make in the following 12

 

months.

 

(4)    

The Electoral Commission may issue guidelines and model communications

 

about—

 

(a)    

the requirement mentioned in subsection (3)(a); and

 

(b)    

the conditions mentioned in subsection (3)(b).

 

(5)    

Compliance with guidelines or use of model communications issued under

 

subsection (4) shall be deemed to be compliant with the relevant aspects of this

 

section.

 

(6)    

No more than one payment under subsection (1) may be made in any one calendar

 

year, but the payment may be calculated on an annual basis and paid in

 

instalments.’.

 

Cap on donations (No.2)

 

David Howarth

 

Mr Alan Reid

 

NC12

 

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 £10,000.

 

(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 £10,00.”.

 

(3)    

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

 

Spending limits: transitional arrangements

 

David Howarth

 

Mr Alan Reid

 

NC13

 

To move the following Clause:—

 

‘Schedule [Spending limits: transitional arrangements] (which makes provision

 

about transitional arrangements for spending limits) has effect.’.

 


 
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