House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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.’.