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5

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 15 January 2009

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

3621 (2007-08 Session) and 1-3

 

Consideration of Bill


 

Political Parties and Elections Bill, As Amended

 

Donations by companies controlled by impermissible donors

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

NC5

 

To move the following Clause:—

 

‘(1)    

A donation from a company controlled by an impermissible donor shall itself

 

count as not permissible for the purposes of the 2000 Act.

 

(2)    

A company shall count as controlled by an impermissible donor when—

 

(a)    

an impermissible donor, or any combination of impermissible donors,

 

owns 75 per cent. or more of the voting shares in the company;

 

(b)    

an impermissible donor acts as a shadow director of the company; or

 

(c)    

a majority of the board of directors of the company are impermissible

 

donors.

 

(3)    

“Impermissible donor” means—

 

(a)    

a donor who is not a permissible donor under the 2000 Act; or

 

(b)    

a company controlled by an impermissible donor.

 

(4)    

“Shadow director” has the same meaning as it has in section 251 of the

 

Companies Act 2006.’.


 
 

Notices of Amendments: 15 January 2009                  

6

 

Political Parties and Elections Bill, continued

 
 

Local spending limit

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

NC6

 

To move the following Clause:—

 

‘(1)    

No registered political party may spend more than £300,000 in qualifying

 

expenditure in any individual parliamentary constituency in the 61 months

 

following a general election.

 

(2)    

If a by-election is held in a constituency, the limit mentioned in subsection (1)

 

shall be increased for that constituency by the relevant limit on election expenses

 

for by-elections in force at the time of the by-election.

 

(3)    

In this section “qualifying expenditure” has the same meaning as in section

 

[Qualifying expenditure].

 

(4)    

Where constituency boundaries change between one election and the next, the

 

Electoral Commission may apportion expenditure between constituencies in any

 

manner it thinks fit, provided that it has issued guidance on how it intends to make

 

such an apportionment.’.

 

Spending limits - power to vary

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

NC7

 

To move the following Clause:—

 

‘(1)    

Any spending limits in force by virtue of this Act may be varied by order.

 

(2)    

An order under this section may make different provision for the periods before

 

and after the following general election.

 

(3)    

No order may be laid under this section unless approved by the Electoral

 

Commission.

 

(4)    

Any order made under this section must be laid before and approved by a

 

resolution of each House of Parliament.’.

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

10

 

Page  9,  line  36  [Clause  11],  at end insert—

 

‘(6)    

No act or statement made before the commencement of this section shall be taken

 

into account in deciding whether a person has become a candidate.’.


 
 

Notices of Amendments: 15 January 2009                  

7

 

Political Parties and Elections Bill, continued

 
 

Treatment of contributions from trade union political funds

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

NC8

 

To move the following Clause:—

 

‘(1)    

The limit on donations established by section [Cap on donations] shall apply to

 

all expenditure out of trade union political funds unless all the conditions of this

 

section have been fulfilled with regard to the expenditure in question.

 

(2)    

The conditions are—

 

(a)    

the expenditure consists entirely of money contributed directly to the

 

funds of a political party;

 

(b)    

the expenditure consists entirely of an amount paid to a political party on

 

the basis of muliplying the number of members who are contributors to

 

the union’s political fund, or a proportion of those members (not

 

exceeding 100 per cent. for any single party or any combination of

 

parties), by a certain sum;

 

(c)    

the sum referred to in (b) is less than the limit set by section [Cap on

 

donations];

 

(d)    

the consent has been obtained either of all the members who are

 

contributors to the fund, or, where the basis of the calculation of the sum

 

expended is a proportion of those members, of at least the relevant

 

proportion of the members, for the expenditure concerned.

 

(3)    

A member of a union who contributes to the political fund shall be deemed to

 

have consented for the purposes of subsection (2) if all the following conditions

 

have been satisfied—

 

(a)    

the member was afforded during the 12 months preceding the relevant

 

expenditure a reasonable opportunity to be exempted from contributing

 

to the political fund of the union;

 

(b)    

the union has, during the 12 months preceding the relevant expenditure,

 

made reasonable efforts to acquaint all members who contribute to the

 

political fund with—

 

(i)    

the nature of a political fund;

 

(ii)    

the expenditure made by the union out of the political fund in the

 

previous five years, including the identity of any political parties

 

to which payments have been made out of the political fund;

 

(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 this

 

subsection shall be deemed to be compliance with the relevant aspects of this

 

section.


 
 

Notices of Amendments: 15 January 2009                  

8

 

Political Parties and Elections Bill, continued

 
 

(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.

 

House of Commons communications allowance to count as qualifying expenditure

 

David Howarth

 

Mr Alan Reid

 

NC9

 

To move the following Clause:—

 

‘Money paid out of the House of Commons Communications Allowance to

 

Members of Parliament who represent a registered party shall count as qualifying

 

expenditure of that party for the purposes of section [National spending limit],

 

notwithstanding any restriction on the use of that allowance for party political

 

purposes and regardless of whether or not it would otherwise come within

 

subsection (1) of that section.’.

 

National spending limit

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

NC10

 

To move the following Clause:—

 

‘(1)    

A registered political party may spend in total, including expenditure by its

 

national, regional, local or other organs, no more than £100 million on qualifying

 

expenditure in the period of 61 months following a general election.

 

(2)    

If more than one general election occurs within 61 months following the previous

 

general election, the Electoral Commission shall have power to increase the sums

 

referred to in (1) above by any amount it thinks appropriate.’.

 

National spending limits—special treatment for smaller parties

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

NC11

 

To move the following Clause:—

 

‘Notwithstanding section [National spending limit], a registered political party

 

that contested fewer than 100 seats at the previous general election may spend in

 

total on qualifying expenditure, including expenditure by its national, regional,

 

local or other organs, no more than the sum of—

 

(a)    

£152,250 multiplied by the number of seats it contested at the previous

 

general election, and,


 
 

Notices of Amendments: 15 January 2009                  

9

 

Political Parties and Elections Bill, continued

 
 

(b)    

£2,500 for each additional seat it contests in the following general

 

election at the subsequent general election multiplied by the number of

 

months between the previous general election and the following general

 

election.’.

 

Qualifying expenditure

 

Mr Nick Clegg

 

Dr Vincent Cable

 

David Howarth

 

Mr David Heath

 

Mr Alan Reid

 

Mr Paul Burstow

 

NC12

 

To move the following Clause:—

 

‘(1)    

For the purposes of this Part, “qualifying expenditure” shall include expenditure,

 

whether or not intended to promote the candidacy of a particular person at a

 

particular election, on—

 

(a)    

party political and election broadcasts, including agency fees, design

 

costs and any other costs in connection with preparing or producing such

 

broadcasts;

 

(b)    

advertising of any nature (whatever the medium used) including agency

 

fees, design costs and any other costs in connection with preparing or

 

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 sent to electors, whether or not addressed to them by

 

name (including 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 personal

 

information relating to, their elected representatives or existing or

 

prospective candidates), including design costs and any other costs in

 

connection with preparing, producing and distributing such material,

 

including the cost of postage, but not including unsolicited material sent

 

to party members;

 

(d)    

any manifesto or other document setting out the party’s policies,

 

including design costs and other costs in connection with preparing or

 

producing or distributing or otherwise disseminating any such document;

 

(e)    

market research or canvassing, whether conducted in person or on the

 

telephone or by any other method, 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 representatives 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 representatives or its views, including 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;


 
 

Notices of Amendments: 15 January 2009                  

10

 

Political Parties and Elections Bill, continued

 
 

(i)    

subsidies or grants to other persons or bodies designed to increase

 

support for the party, its representatives or views, or to decrease support

 

for any other party, its representatives of views.

 

(2)    

Any expenditure of more than £100 per year by any person on qualifying

 

expenditure intended to benefit a registered party shall count as qualifying

 

expenditure by that registered party, but time donated on a voluntary basis shall

 

not count as such expenditure.

 

(3)    

Expenditure by a registered party on remuneration or allowances of staff, whether

 

permanent or temporary, shall count as qualifying expenditure unless the member

 

of staff concerned works exclusively on matters not connected with the activities

 

mentioned in subsection (1)(a) to (h).

 

(4)    

The following shall not count as qualifying expenditure—

 

(a)    

any expenses in respect of any property, services or facilities so far as

 

those expenses fall to be met out of public funds;

 

(b)    

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.’.

 


 
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Revised 16 January 2009