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1

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 20th October 2008

 

Public Bill Committee


 

Political Parties and Elections Bill

 

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

 

(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


 
 

Notices of Amendments: 20th October 2008                

2

 

Political Parties and Elections Bill, continued

 
 

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—

 

(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


 
 

Notices of Amendments: 20th October 2008                

3

 

Political Parties and Elections Bill, continued

 
 

(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 a passport.”’.

 

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—

 

(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;


 
 

Notices of Amendments: 20th October 2008                

4

 

Political Parties and Elections Bill, continued

 
 

(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 personalities 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 personalities 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

 

are paid by the individual from his own resources and are not reimbursed

 

to him.

 

(6)    

For the avoidance of doubt, the following shall count as qualifying expenditure—

 

(a)    

any expenses in respect of newsletters or similar publications issued by

 

or on behalf of the party with a view to giving electors in a particular

 

electoral area information about the opinions or activities of, or other


 
 

Notices of Amendments: 20th October 2008                

5

 

Political Parties and Elections Bill, continued

 
 

personal information relating to, their elected representatives or existing

 

or prospective candidates;

 

(b)    

any expenditure paid out of the House of Commons Communications

 

Allowance.’.

 

Cap on donations

 

David Howarth

 

Mr Alan Reid

 

NC4

 

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 £50,000.

 

(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 £50,000.”.

 

(3)    

In subsection 58(1)(a) of the 2000 Act, after “(b)”, there is inserted “or (1A)”’.

 

Review of the Act

 

Mr Fabian Hamilton

 

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.’.

 

Mr Fabian Hamilton

 

1

 

Schedule  2,  page  20,  line  25,  at end insert ‘and may by notice require the

 

Commission to withdraw the notice and pursue the matter as a criminal offence under the

 

relevant provisions.’.


 
 

Notices of Amendments: 20th October 2008                

6

 

Political Parties and Elections Bill, continued

 
 

Mr Fabian Hamilton

 

2

 

Clause  1,  page  1,  line  10,  leave out ‘may’ and insert ‘shall’.

 

Mr Fabian Hamilton

 

3

 

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

 

Mr Fabian Hamilton

 

4

 

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

 

Mr Fabian Hamilton

 

5

 

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

 

Mr Fabian Hamilton

 

6

 

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

 

fine of £1000’.

 

Mr Fabian Hamilton

 

7

 

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

 

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

 

A1  (1)  

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.”.

 

      (2)  

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.”.

 

      (3)  

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;”’.

 

Mr Fabian Hamilton

 

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.”’.

 

Mr Fabian Hamilton

 

9

 

Schedule  3,  page  34,  line  4,  at beginning insert—


 
 

Notices of Amendments: 20th October 2008                

7

 

Political Parties and Elections Bill, continued

 
 

  ‘(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;”’.

 

Mr Fabian Hamilton

 

10

 

Clause  2,  page  2,  line  3,  leave out subsection (3).

 

Mr Fabian Hamilton

 

11

 

Schedule  3,  page  39,  line  11,  leave out paragraph 10 and insert—

 

‘10      

Omit Schedule 20 (penalties).’.

 

Mr Fabian Hamilton

 

12

 

Schedule  1,  page  15,  line  2,  after ‘may’, insert ‘, subject to sub-paragraph (1A),’.

 

Mr Fabian Hamilton

 

13

 

Schedule  1,  page  15,  line  11,  at end insert—

 

  ‘(1A)  

A justice of the peace may not issue a warrant under this paragraph in respect

 

of any premises used by a holder of a relevant elective office.’.

 

Mr Fabian Hamilton

 

14

 

Schedule  1,  page  19,  line  6,  at end add—

 

‘13      

The Commission shall publish, on a quarterly basis, reports specifying how it

 

has exercised its powers under this Schedule.’.

 


 
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