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11

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 31st October 2008

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Public Bill Committee


 

Political Parties and Elections Bill


 

Note

 

The Amendments have been arranged in accordance with the Resolution of the

 

Programming Sub-Committee [29th October 2008].

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Wednesday 29th October (Standing

 

Order No. 83C):

 

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;


 
 

Notices of Amendments: 31st October 2008                

12

 

Political Parties and Elections Bill, continued

 
 

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.

 

Mr Michael Wills has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 


 

Mr Michael Wills

 

That, subject to the discretion of the Chairman, any written evidence received by the

 

Committee shall be reported to the House for publication.

 



 
 

Notices of Amendments: 31st October 2008                

13

 

Political Parties and Elections Bill, continued

 
 

Mr Michael Wills

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

2

 

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

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

10

 

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

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

12

 

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

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

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

 

Mr Denis MacShane

 

14

 

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

 

‘13      

The Commission shall lay before Parliament, on a quarterly basis, reports

 

specifying how it has exercised its powers under this Schedule.’.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

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


 
 

Notices of Amendments: 31st October 2008                

14

 

Political Parties and Elections Bill, continued

 
 

relevant provisions.’.

 


 

New Clauses relating to functions of electoral Commission

 

Removal of specified offences

 

Mr Fabian Hamilton

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Political Parties, Elections and Referendums Act 2000 (c. 41) is amended as

 

follows.

 

(2)    

The following provisions are omitted—

 

(a)    

section 47(1)(b),

 

(b)    

section 65(3), and

 

(c)    

paragraph 12(1) of Schedule 7.

 

(3)    

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).’.

 


 

new clauses relating to elections and electoral registration

 

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—


 
 

Notices of Amendments: 31st October 2008                

15

 

Political Parties and Elections Bill, continued

 
 

(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

 

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.”.


 
 

Notices of Amendments: 31st October 2008                

16

 

Political Parties and Elections Bill, continued

 
 

(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

 

(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 one.”’.

 


 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

3

 

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


 
 

Notices of Amendments: 31st October 2008                

17

 

Political Parties and Elections Bill, continued

 
 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

4

 

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

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

5

 

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

 

Mr Fabian Hamilton

 

Mr Denis MacShane

 

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

 

Mr Denis MacShane

 

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

 

Mr Denis MacShane

 

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.”’.


 
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