House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 20th November 2008
47

Political Parties and Elections Bill, continued

“(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

Not called  NC13

To move the following Clause:—

‘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

Not called  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

Not called  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

Public Bill Committee Proceedings: 20th November 2008
48

Political Parties and Elections Bill, continued

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.

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].’.

Clause 14 Agreed to.

Clause 15 Agreed to.

Mr Michael Wills

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  175

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

44 and insert—

Public Bill Committee Proceedings: 20th November 2008
49

Political Parties and Elections Bill, continued

    ‘(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

Agreed to  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.”

      (3)
In’.

Mr Michael Wills

Agreed to  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’.

Schedule, as amended, Agreed to.

Mr Michael Wills

Agreed to  127

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

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

Public Bill Committee Proceedings: 20th November 2008
50

Political Parties and Elections Bill, continued

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  39

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

Mr Michael Wills

Agreed to  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).’.

Schedule, as amended, Agreed to.

David Howarth

Mr Alan Reid

Not called  19

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

‘(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.’.

Clause Agreed to.

Clause 17 Agreed to.

Mr Michael Wills

Agreed to  199

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

‘( )
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.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 20th November 2008
51

Political Parties and Elections Bill, continued

Mr Michael Wills

Agreed to  128

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

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

Ireland];’.

David Howarth

Mr Alan Reid

Not called  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

Not called  23

Clause  19,  page  12,  line  20,  at end insert ‘and

(g)
section [Cap on donations],’.

David Howarth

Mr Alan Reid

Not called  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

Not called  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

Not called  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.’.

Clause, as amended, Agreed to.

Remaining New Clauses

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

Mr Michael Wills

Added  NC23

To move the following Clause:—

Public Bill Committee Proceedings: 20th November 2008
52

Political Parties and Elections Bill, continued

‘(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,


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

Not called  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.

Public Bill Committee Proceedings: 20th November 2008
53

Political Parties and Elections Bill, continued

(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

Not called

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),

(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

Not called  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.