House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 18th November 2008
210

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 £10,000.”.

(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:—

Public Bill Committee: 18th November 2008
211

Political Parties and Elections Bill, continued

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

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

Non-electors to be impermissible donors

David Howarth

Mr Alan Reid

NC22

To move the following Clause:—

‘(1)
For the purposes of the 2000 Act a person who is not qualified to vote at

parliamentary elections shall not count as a permissible donor.

(2)
A company controlled by a person who is not a permissible donor by virtue of

subsection (1) shall also not count as a permissible donor for the purposes of the

2000 Act.

(3)
A company shall count as controlled by a person in the same circumstances as

those set out in section [Donations by companies controlled by impermissible

donors] (2)(a)-(c).’.

New Schedule relating to political donations and expenditure

David Howarth

Mr Alan Reid

NS1

To move the following Schedule:—

‘Spending limits: transitional arrangements

2
Notwithstanding sections [Limits on party expenditure] and [Local spending

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

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

election.

3
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].

4
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.

5
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.

Public Bill Committee: 18th November 2008
212

Political Parties and Elections Bill, continued

6
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].’.

Mr Michael Wills

172

Schedule  4,  page  40,  line  29,  at end insert—


‘In section 54 (permissible donors), in subsection (1)(b), for “that person”

there is substituted “the person offering the donation”.’.

Mr Michael Wills

173

Schedule  4,  page  40,  line  29,  at end insert—


‘In section 55 (payments etc which are (or are not) to be treated as donations

by permissible donors), at the end of subsection (2) there is inserted—


“But such a payment shall not be regarded as a donation for the

purposes of section 54A or paragraph 6A of Schedule 7.”’.

Mr Michael Wills

174

Schedule  4,  page  40,  line  29,  at end insert—


‘In section 56 (acceptance or return of donations: general), in subsection (5)—

(a)
in paragraph (a), for “paragraph (a) or (b)” there is substituted

“paragraph (a), (aa) or (b)”;

(b)
in paragraph (b)(i), for “subsection (2)(a)” there is substituted

“subsection (2)(a) or (aa)”.’.

Mr Michael Wills

175

Schedule  4,  page  41,  line  43,  leave out from beginning to ‘sub-paragraph’ in line

44 and insert—

    ‘(1)
Schedule 7 (control of donations to individuals and members associations) is

amended as follows.

      (2)
In sub-paragraph (1)(b) of paragraph 6 (prohibition on accepting donations

from impermissible donors), for “that person” there is substituted “the person

offering the donation”.

      (3)
In’.

Mr Michael Wills

176

Schedule  4,  page  42,  line  1,  leave out from beginning to ‘sub-paragraph’ and

insert—

    ‘(1)
Schedule 11 (control of donations to recognised third parties) is amended as

follows.

      (2)
In paragraph 4 (payments etc not to be regarded as donations), at the end there

is inserted—

  “(3)
Any payment out of public funds shall not be regarded as a donation

for the purposes of paragraph 6A.”

Public Bill Committee: 18th November 2008
213

Political Parties and Elections Bill, continued

      (3)
In’.

Mr Michael Wills

177

Schedule  4,  page  42,  line  4,  leave of from beginning to ‘sub-paragraph’ and

insert—

    ‘(1)
Schedule 15 (control of donations to permitted participants) is amended as

follows.

      (2)
In paragraph 4 (payments etc not to be regarded as donations)—

(a)
sub-paragraph (1)(a) is omitted;

(b)
at the end there is inserted—

  “(3)
Any payment out of public funds shall not be regarded as a

donation for the purposes of paragraph 6A.

      (4)
For all other purposes of this Schedule, such a payment

shall not be regarded as a donation unless it is a grant

provided to a designated organisation by virtue of section

110(2).”

      (3)
In’.

Mr Michael Wills

127

Schedule  5,  page  42,  line  13,  at end insert—

‘In section 63(3)(b), the words “sheriff clerk,”.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

39

Schedule  5,  page  42,  line  16,  column  2,  at beginning insert ‘Section 13’.

Mr Michael Wills

178

Schedule  5,  page  42,  leave out lines 25 and 26 and insert—

‘In Schedule 15—

(a)
paragraph 4(1)(a);

(b)
in paragraph 6(1), the word “or” at the end of

paragraph (a).’.

David Howarth

Mr Alan Reid

19

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

Public Bill Committee: 18th November 2008
214

Political Parties and Elections Bill, continued

‘(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.’.

Mr Michael Wills

199


Clause  18,  page  11,  line  37,  at end insert—

‘( )
The following provisions extend also to Gibraltar—

section 1(1) and (3);

section 4;

sections 5 to 7, paragraphs 4, 5, 6 and 16 of Schedule 4 and the entry in

Schedule 5 relating to Schedule 1 to the 2000 Act;

section 9.’.

Mr Michael Wills

128

Clause  19,  page  12,  line  16,  at end insert—

‘( )
section [Filling vacant European Parliament seats in Northern

Ireland];’.

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

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],’.

Public Bill Committee: 18th November 2008
215

Political Parties and Elections Bill, continued

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.’.

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.’.

Remaining New Clauses

Person may not be “responsible person” for more than one third party

Mr Michael Wills

NC23

To move the following Clause:—

‘(1)
Section 88 of the 2000 Act (third parties recognised for the purposes of Part 6 of

that Act) is amended as follows.

(2)
In subsection (2)(a), after “(as defined by section 54(8))” there is inserted “who

is not the responsible person in relation to another third party”.

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

“(3A)
A notification given by a third party does not comply with the

requirement in subsection (3)(b)(iii) or (c)(ii) (to state the name of the

person who will be responsible for compliance) if the person whose name

is stated is—

(a)
the responsible person in relation to another third party,

(b)
an individual who gives a notification under subsection (1) at the

same time, or

(c)
the person whose name is stated, in purported compliance with

the requirement in subsection (3)(b)(iii) or (c)(ii), in a

notification given at the same time by another third party.


In this subsection “the person”, in relation to a notification to which

subsection (3)(c) applies, is to be read as “the person or officer”.”

(4)
Where—

(a)
a third party gives a notification under section 88(4)(b) of the 2000 Act

(“the renewal notification”) in respect of a notification under section

88(1) (“the original notification”) that was given before the

commencement of this section, and

(b)
the original notification contained a statement under section 88(3)(b)(iii)

or (c)(ii) naming someone who, at the time when the renewal notification

is given, is the responsible person in relation to another third party,

Public Bill Committee: 18th November 2008
216

Political Parties and Elections Bill, continued


the renewal notification must indicate (under section 88(6)(b)) that the statement

is replaced by a statement naming someone who is not the responsible person in

relation to another third party.’.

Review of the Act

Mr Fabian Hamilton

Mr Denis MacShane

Nick Ainger

NC5

To move the following Clause:—

‘(1)
The Secretary of State shall appoint a committee to conduct a review of this Act.

(2)
He must seek to secure that at any time there are not fewer than seven members

of the committee.

(3)
A person may be a member of the committee only if he is a member of the Privy

Council.

(4)
The committee shall complete the review and send a report to the Secretary of

State not later than the end of two years beginning with the day on which this Act

is passed.

(5)
The Secretary of State shall lay a copy of the report before Parliament as soon as

is reasonably practicable.

(6)
The Secretary of State may make payments to persons appointed as members of

the committee.’.

Removal of criminal sanctions from specified offences

Mr Fabian Hamilton

Nick Ainger

Martin Linton

NC16

To move the following Clause:—

‘(1)
The 2000 Act is amended as follows.

(2)
In section 47(1), for “is guilty of an offence” there is substituted “shall be liable

to a fixed monetary penalty under Schedule 19B”.

(3)
In section 65(3), for “commits an offence” there is substituted “shall be liable to

a fixed monetary penalty under Schedule 19B”.

(4)
In paragraph 12(1) of Schedule 7, for “is guilty of an offence” there is substituted

“shall be liable to a fixed monetary penalty under Schedule 19B”.

(5)
A fixed monetary penalty imposed in accordance with subsections (2), (3) and (4)

may not exceed £1,000.

(6)
In Schedule 20 (penalties) the following entries in the table, and the

corresponding entries in column 2, are omitted—

(a)
Section 47(1)(b) (failure to deliver proper statement of accounts),