House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 11th November 2008
123

Political Parties and Elections Bill, continued

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,’.

Mrs Eleanor Laing

17

Clause  12,  page  10,  line  20,  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

Disposal of election documents in Scotland

Mr Michael Wills

NC17


To move the following Clause:—

‘In the 1983 Act—

(a)
in section 63 (breach of official duty), in subsection (3)(b), the words

“sheriff clerk,” are omitted;

(b)
in Schedule 1 (parliamentary elections rules), for rule 58 there is

substituted—

“58(1)
This rule modifies rules 55 to 57 in relation to elections in

Scotland.

      (2)
In relation to such elections—

(a)
the documents mentioned in rule 55(1)—

(i)
are not to be forwarded by the returning

officer as required by that rule,

(ii)
instead, are to remain in the returning

officer’s custody (and be endorsed by the

officer as required by that rule),

(b)
the references in rules 56 and 57 to the relevant

registration officer are to be read as references to the

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Political Parties and Elections Bill, continued

returning officer (and rule 55(1A) is to be

disregarded),

(c)
the reference in rule 57(1) to the documents to be

retained is to be read as a reference to the documents

remaining in the returning officer’s custody under

sub-paragraph (a)(ii).”’.

Filling vacant European Parliament seats in Northern Ireland

Mr Michael Wills

NC18


To move the following Clause:—

‘(1)
In section 5 of the European Parliamentary Elections Act 2002 (c. 24) (filling

vacant seats), after subsection (3) there is inserted—

“(4)
As regards a seat in Northern Ireland, the regulations may, in specified

circumstances, require it to be filled as follows—

(a)
where the previous MEP stood in the name of a registered party

when elected (or most recently elected), by a person nominated

by the nominating officer of that party;

(b)
where paragraph (a) does not apply but the previous MEP gave a

notice in accordance with regulations under this Act naming one

or more persons as substitutes, by a person so named.

(5)
In subsection (4)—

“nominating officer”, in relation to a registered party, means the person

registered as its nominating officer under the Political Parties, Elections

and Referendums Act 2000 in the Northern Ireland register (within the

meaning of that Act);

“registered party” means a party registered under that Act in that register;

“the previous MEP”, in relation to a vacancy, means the person who was the

MEP immediately before the vacancy arose.”

(2)
Regulations containing provision made by virtue of this section may specify that

the provision has effect in relation to any seat that is vacant at the time the

provision comes into force and in respect of which notice of a by-election has not

been published at that time.’.

CORE information and action to be taken by electoral registration officers

Mr Michael Wills

NC19


To move the following Clause:—

‘(1)
Section 2 of the Electoral Administration Act 2006 (c. 22) (co-ordinated on-line

record of electors: use of information) is amended as follows.

(2)
In subsection (6)—

Public Bill Committee: 11th November 2008
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Political Parties and Elections Bill, continued

(a)
in paragraph (b), after “is requested” there is inserted “in respect of the

same address or”;

(b)
in paragraph (c), for “acts as” there is substituted “is appointed as, or

votes as,”.

(3)
After subsection (6) there is inserted—

“(6A)
A CORE scheme may require that where a CORE keeper informs an

ERO as mentioned in subsection (5), or informs an ERO of any

suspicions that the CORE keeper has concerning the commission of an

offence under the 1983 Act or other impropriety—

(a)
the ERO must take such steps (if any) as appear to the ERO to be

appropriate in response to being so informed;

(b)
the ERO must notify the CORE keeper of the steps taken (or of

the reasons for not taking any), within such period and in such

form and manner as is specified—

(i)
in the scheme, or

(ii)
by the CORE keeper in accordance with the scheme.”

(4)
In subsection (7)(b), after “relating to the person” there is inserted “, or to any

such suspicions as are mentioned in subsection (6A),”.

(5)
In subsection (11)—

(a)
for “must not authorise” there is substituted “must not—

(a)
authorise”;

(b)
at the end there is inserted—

“(b)
authorise one ERO to supply information to another.”’.

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

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Political Parties and Elections Bill, continued

(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)—

(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—

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Political Parties and Elections Bill, continued

(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

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

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Political Parties and Elections Bill, continued

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.”’.

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

Public Bill Committee: 11th November 2008
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Political Parties and Elections Bill, continued

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).

(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.”’.