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Public Bill Committee: 13th November 2008                

163

 

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.”’.

 



 
 

Public Bill Committee: 13th November 2008                

164

 

Political Parties and Elections Bill, continued

 
 

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

 

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

 

Martin Linton

 

3

 

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

 

Nick Ainger

 

135

 

Clause  8,  page  5,  line  43,  leave out ‘£200’ and insert ‘£5,000 donated to a

 

registered party or £1,000 donated to an accounting unit of a registered party’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

Martin Linton

 

4

 

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


 
 

Public Bill Committee: 13th November 2008                

165

 

Political Parties and Elections Bill, continued

 
 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

Martin Linton

 

5

 

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

 

Nick Ainger

 

134

 

Clause  8,  page  6,  line  14,  leave out ‘£200’ and insert ‘£5,000 donated to a

 

registered party or £1,000 donated to an accounting unit of a registered party’.

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

151

 

Parliamentary Star - white    

Clause  8,  page  6,  line  30,  at end insert—

 

‘(5A)    

A person does not commit an offence if, in the opinion of the Commission, the

 

person had no intention of making, or by innocent mistake made, a false

 

declaration under this section.’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

Martin Linton

 

6

 

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

 

fine of £1000’.

 

Mr David Kidney

 

106

 

Clause  8,  page  8,  line  12,  at end insert—

 

‘(12)    

The registration by a Member of Parliament of receipt of a donation or other

 

benefit within the terms of the 2000 Act in the Register of Members’ Interests

 

shall be sufficient compliance with the requirement for registration of the same

 

with the Commission and registration of such receipt with the Commission shall

 

be sufficient to meet requirement for registration in the Register of Members’

 

Interests.

 

(13)    

The Registrar of Members’ Interests and the Commission shall put in place

 

arrangements for the sharing of such information as enables them to give effect

 

to subsection (4).’.

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

120

 

Page  5,  line  39,  leave out Clause 8.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

7

 

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


 
 

Public Bill Committee: 13th November 2008                

166

 

Political Parties and Elections Bill, continued

 
 

‘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;”’.

 

Nick Ainger

 

149

 

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

 

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

 

A1         

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 names and addresses of all the members of the

 

association and donors donating £1,000 or more annually

 

to the association.”.

 

Schedule 6A to the 2000 Act (details to be given in transaction reports)

 

A2  (1)  

In paragraph 2 of Schedule 6A to the 2000 Act (identity of authorised

 

participants: quarterly reports), after paragraph (b) of sub-paragraph (10) there

 

is inserted—

 

“(c)    

the names and addresses of all members of the association

 

and donors donating £1,000 or more annually to the

 

association.”.

 

      (2)  

In paragraph 2A of Schedule 6A to the 2000 Act (limit transactions), after

 

paragraph (b) of sub-paragraph (11) there is inserted—

 

“(ba)    

the names and addresses of all the members of the

 

association and donors donating £1,000 or more annually

 

to the association;”’.

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

Martin Linton

 

Nick Ainger

 

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.”’.


 
 

Public Bill Committee: 13th November 2008                

167

 

Political Parties and Elections Bill, continued

 
 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

Nick Ainger

 

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;”’.

 

Nick Ainger

 

148

 

Schedule  3,  page  34,  line  7,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

147

 

Schedule  3,  page  34,  line  12,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

146

 

Schedule  3,  page  34,  line  25,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

145

 

Schedule  3,  page  36,  line  2,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

144

 

Schedule  3,  page  36,  line  7,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

143

 

Schedule  3,  page  36,  line  20,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

142

 

Schedule  3,  page  37,  line  30,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

141

 

Schedule  3,  page  37,  line  35,  leave out ‘£200’ and insert ‘£1,000’.

 

Nick Ainger

 

140

 

Schedule  3,  page  38,  line  6,  leave out ‘£200’ and insert ‘£1,000’.


 
 

Public Bill Committee: 13th November 2008                

168

 

Political Parties and Elections Bill, continued

 
 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

121

 

Page  34,  line  1,  leave out Schedule 3.

 


 

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.’.

 

Mr Jonathan Djanogly

 

Mrs Eleanor Laing

 

104

 

Clause  10,  page  9,  line  2,  at end insert—

 

‘(6)    

The date of commencement of this section shall be determined by affirmative

 

resolution and shall not be earlier than the end of a three month consultation

 

period following the publication of the relevant guidelines by the Electoral

 

Commission.’.

 


 

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—


 
 

Public Bill Committee: 13th November 2008                

169

 

Political Parties and Elections Bill, continued

 
 

(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);

 

(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


 
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