Public Bill Committee: 20th November 2008

239

Political Parties and Elections Bill, continued

(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],’.

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

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240

Political Parties and Elections Bill, continued

(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,

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:—

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241

Political Parties and Elections Bill, continued

‘(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),

(b)	Section 65(3) (failure to deliver donation reports to Commission within

time limits), and

(c)	paragraph 12(1) of Schedule 7 (failure to deliver donation report to

Commission within time limit).’.

Disclosure of election candidate’s addresses

Mr Jonathan Djanogly

NC20

To move the following Clause:—

‘(1)	In the 1983 Act, Schedule 1 (parliamentary elections rules) is amended as

follows.

(2)	In paragraph 6, for sub-paragraph (2)(b) there is substituted—

“(b)	the first three, or where relevant four, digits of the candidate’s

home address postcode (“partial postcode”), and”.

(3)	In paragraph 6, after sub-paragraph (2)(b) there is inserted—

“(2A)

When submitting a nomination paper a candidate, or his proposer or

seconder, must provide such proof of his home address as the returning

officer may require.

(2B)	A returning officer must not reveal the full home address of a candidate

to a third party and must take such steps as are necessary to prevent this

information being made public.”.

(4)	In paragraph 8, after sub-paragraph (3)(c) there is inserted—

“(d)	shall not state the candidate’s home address.”.

(5)	In paragraph 14, sub-paragraph (2), for “addresses” there is substituted “partial

postcode of home address”.

(6)	In the Appendix of forms, the “Form of nomination paper” is amended as

follows—

“(a)	In the fourth column of the first row, for ‘Home address in full’

there is substituted ‘Partial postcode of home address’;

(b)	In the fourth column of the second row, for ‘52 George Street,

Bristol’ there is substituted ‘BS20’.”.

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242

Political Parties and Elections Bill, continued

(7)	In the Appendix of forms the “Form of Ballot Paper” is amended by omitting all

the house numbers and street names of the candidates on the form.’.

Mr Michael Wills

129

Title,  line  2,  at end insert ‘and electoral registration’.

Mr Michael Wills

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Order of the House [20th OCTOBER 2008] as amended by order of

27th october

That the following provisions shall apply to the Political Parties and Elections Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 20th November 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Public Bill Committee: 20th November 2008

243

Political Parties and Elections Bill, continued

Order of the Committee [4th November 2008]

That—

(1)	the Committee shall (in addition to its first meeting at 10.00 a.m. on Tuesday

4th November) meet—

(a)	at 9.00 a.m. and 1.00 p.m. on Thursday 6th November;

(b)	at 10.30 a.m. and 4.30 p.m. on Tuesday 11th November;

(c)	at 9.00 a.m. and 1.00 p.m. on Thursday 13th November;

(d)	at 10.30 a.m. and 4.30 p.m. on Tuesday 18th November;

(e)	at 9.00 a.m. and 1.00 p.m. on Thursday 20th November;

(2)	the Committee shall hear evidence in accordance with the following Table;

	Date	Time	Witness
	Tuesday 4th	Until no later than	Ministry of Justice
	November	12.00 p.m.
	Tuesday 4th	Until no later than	Sir Hayden Phillips;
	November	1.00 p.m.	Sir Christopher Kelly
	Thursday 6th	Until no later than	Electoral Commission
	November	10.25 a.m.
	Thursday 6th	Until no later than	Professor Keith
	November	2.00 p.m.	Ewing, King’s College
			London;
			Professor Justin
			Fisher, Brunel
			University;
			Dr Michael Pinto-
			Duschinsky
	Thursday 6th	Until no later than	Representatives of the
	November	3.00 p.m.	Labour Party, the
			Conservative Party,
			and the Liberal
			Democrats

(3)	the proceedings shall be taken in the following order: Clauses 4 to 7; new

Clauses relating to Electoral Commisioners etc; new Schedules relating to

Electoral Commissioners etc; Clauses 1 and 2; Schedule 1; Clause 3;

Schedule 2; new Clauses relating to functions of Electoral Commission; new

Schedules relating to functions of Electoral Commission; Clauses 12 and 13;

new Clauses relating to elections and electoral registration; new Schedules

relating to elections and electoral registration; Clause 8; Schedule 3; Clauses

9 to 11; new Clauses relating to political donations and expenditure; new

Schedules relating to political donations and expenditure; Clauses 14 and 15;

Schedules 4 and 5; Clauses 16 to 20; remaining new Clauses; remaining new

Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 p.m. on Thursday 20th November.

---

Revised 20 November 2008