House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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


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