House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

39

House of Commons

Notices of Amendments

given up to and including

Thursday 5 February 2009

Consideration of Bill

Political Parties and Elections Bill, As Amended

Note

The Amendments have been arranged in accordance with the Political Parties and

Elections Bill (Programme) (No. 3) Motion in the name of Secretary Jack Straw.

New ClauseS and amendments relating to clauses 1 to 3 and schedules 1

and 2

Removal of criminal sanctions from specified offences

Mr Fabian Hamilton

NC3

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

Notices of Amendments: 5 February 2009
40

Political Parties and Elections Bill, continued

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

Commission within time limit).’.

Independent panel to advise Electoral Commission

Mr Fabian Hamilton

NC4

To move the following Clause:—

‘(1)
The Secretary of State shall appoint an independent panel to offer guidance and a

code of practice to the Electoral Commission.

(2)
The panel shall advise on the proportionate use of civil penalties, financial

penalty levels for offences, referral for investigation in cases of possible breaches

of the criminal law and generally on the mode of operation of the Electoral

Commission on penalties.

(3)
The panel shall consist of the Speaker, a judicial person and an independent

person.

(4)
The panel shall advise the Electoral Commission on an on going basis.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

44

Page  1,  line  7  [Clause  1],  after ‘the’, insert ‘primary’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

45

Page  1,  line  7  [Clause  1],  after ‘function’, insert ‘(which shall not include the

encouragement of democratic engagement)’.

Mr Fabian Hamilton

1

Page  1,  line  10  [Clause  1],  leave out ‘may’ and insert ‘shall’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

46

Page  16,  line  24  [Schedule  1],  leave out ‘or has been’.

Notices of Amendments: 5 February 2009
41

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

47

Page  16,  line  25  [Schedule  1],  at end insert—

‘(aa)
has been the treasurer or another officer of an organisation to which

this paragraph applies within the five years immediately prior to the

date of the notice, or’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

48

Page  16,  line  26  [Schedule  1],  at end insert—

  ‘(2A)
A disclosure notice must be served on the individual specified in paragraph (2)

by hand by a person specifically authorised by the Commission to affect the

service of such notices.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

49

Page  17,  line  2  [Schedule  1],  at end insert—

  ‘(3A)
A person served with a disclosure notice under paragraph (2) may appeal to the

Commission in writing within 14 days of receipt of service under paragraph

(2A).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

50

Page  17,  line  4  [Schedule  1],  leave out from ‘within’ to end and insert ‘28 days of

receipt of that disclosure notice.’.

Secretary Jack Straw

11

Page  17  [Schedule  1],  leave out lines 5 to 13 and insert—

‘Powers of entry and inspection

1A  (4)
This paragraph applies to the following organisations and individuals—

(a)
a registered party or, in the case of a registered party with accounting

units—

(i)
the central organisation of the party;

(ii)
an accounting unit of the party;

(b)
a recognised third party (within the meaning of Part 6);

(c)
a permitted participant (within the meaning of Part 7);

(d)
a members association (within the meaning of Schedule 7);

(e)
an organisation or individual formerly falling within any of paragraphs

(a) to (d).

Notices of Amendments: 5 February 2009
42

Political Parties and Elections Bill, continued

      (5)
A person authorised by the Commission may, for the purposes of the carrying

out by the Commission of their functions—

(a)
at any reasonable time enter premises occupied by an organisation to

which, or an individual to whom, this paragraph applies, and

(b)
having entered the premises, inspect any documents relating to the

income and expenditure of the organisation or individual.

      (6)
This paragraph is subject to paragraph 2(6).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

52

Page  17,  line  13  [Schedule  1],  at end insert—

    ‘(6)
For the purposes of this Schedule a person authorised by the Commission is a

person who has express written authority of the Commission to act on its

behalf and is one of the following—

(a)
an employee of managerial level of the Electoral Commission;

(b)
a member of a police force in England and Wales;

(c)
a constable of a police force in Scotland; or

(d)
a member of the Police Service for Northern Ireland.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

51

Page  17,  line  34  [Schedule  1],  leave out from ‘such’ to end of line 35 and insert ‘28

days of receipt of that disclosure notice.’.

Secretary Jack Straw

12

Page  18,  line  1  [Schedule  1],  leave out ‘paragraph 1(5)’ and insert ‘paragraph 1A’.

Secretary Jack Straw

13

Page  18,  line  5  [Schedule  1],  leave out from beginning to end of line 9 on page 19

and insert—

‘Court order for delivery of documents

3    (1)
This paragraph applies where the Commission have given a notice under

paragraph 2 requiring documents to be produced.

      (2)
A county court or (in Scotland) a sheriff may make a disclosure order against
5
a person (“the respondent”) if satisfied on an application by the Commission

that—

(a)
there are reasonable grounds to suspect that a person (whether or not

the respondent) has committed an offence under this Act or has

contravened (otherwise than by committing an offence) any restriction
10
or other requirement imposed by or by virtue of this Act, and

(b)
there are documents referred to in the notice under paragraph 2

which—

Notices of Amendments: 5 February 2009
43

Political Parties and Elections Bill, continued

(i)
have not been produced as required by the notice (either

within the time specified in the notice for compliance or
15
subsequently),

(ii)
are reasonably required by the Commission for the purposes

of investigating the offence or contravention referred to in

paragraph (a), and

(iii)
are in the custody or under the control of the respondent.
20
      (3)
A disclosure order is an order requiring the respondent to deliver to the

Commission, within such time as is specified in the order, such documents

falling within sub-paragraph (2)(b) as are identified in the order (either

specifically or by reference to any category or description of document).

      (4)
For the purposes of sub-paragraph (2)(b)(iii) a document is under a person’s
25
control if it is in the person’s possession or if the person has a right to

possession of it.

      (5)
A person who fails to comply with a disclosure order may not, in respect of that

failure, be both punished for contempt of court and convicted of an offence

under paragraph 13(1).’.

As Amendments to Secretary Jack Straw’s proposed Amendment (No. 13):—

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

(a)


Line  4,  leave out ‘A county court’ and insert ‘The High Court’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

(b)


Line  21,  leave out from ‘within’ to second ‘such’ and insert ‘28 days of receipt of

the order’.

Mr Fabian Hamilton

9

Page  18,  line  6  [Schedule  1],  leave out from beginning to first ‘on’ in line 7 and

insert ‘The Electoral Commission may on notice apply to the High Court for an order,

subject to sub-paragraph (1A),’.

Mr Fabian Hamilton

3

Page  18,  line  6  [Schedule  1],  after ‘may’, insert ‘, subject to sub-paragraph (1A),’.

Mr Fabian Hamilton

2

Page  18,  line  15  [Schedule  1],  at end insert—

‘(1A)
An order may be issued under this paragraph in respect of any premises used by

a holder of a relevant elective office.’.

Notices of Amendments: 5 February 2009
44

Political Parties and Elections Bill, continued

Secretary Jack Straw

14

Page  19,  line  11  [Schedule  1],  leave out from beginning to first ‘for’ in line 12 and

insert ‘The Commission may retain any documents delivered to them in compliance with

an order under paragraph 3’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

53

Page  19,  line  12  [Schedule  1],  leave out ‘three months’ and insert ‘42 days from the

date on which they were seized’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

54

Page  19,  line  14  [Schedule  1],  leave out ‘three month’ and insert ‘42 day’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

58

Page  19,  line  16  [Schedule  1],  leave out ‘three month period’ and insert ‘42 days

from the date on which they were seized’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

55

Page  19,  line  19  [Schedule  1],  at end insert—

  ‘(2A)
The Commission may apply to the Magistrates’ Court to extend this 42 day

period by a further 14 days where they can prove on reasonable grounds that

the continued retention of such documents is vital to the ongoing investigation

into offences under this Act which involve in excess of £10,000.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

56

Page  19,  line  20  [Schedule  1],  leave out ‘three month’ and insert ‘42 day’.

Secretary Jack Straw

15

Page  20,  line  29  [Schedule  1],  leave out from ‘documents’ to end of line 30 and

insert ‘delivered to them in compliance with an order under paragraph 3;’.

Secretary Jack Straw

16

Page  20,  line  37  [Schedule  1],  leave out from ‘exercising’ to end of line 39 and

insert ‘a power under paragraph 1A in relation to any premises’.

Notices of Amendments: 5 February 2009
45

Political Parties and Elections Bill, continued

Secretary Jack Straw

17

Page  20,  line  40  [Schedule  1],  leave out ‘or warrant’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

57

Page  20,  line  42  [Schedule  1],  at end insert ‘and leave a copy of such authorisation

with that person.’.

Secretary Jack Straw

18

Page  22,  line  28  [Schedule  1],  leave out ‘paragraph 1(5)’ and insert ‘paragraph

1A’.

Secretary Jack Straw

19

Page  22,  line  32  [Schedule  1],  leave out ‘a warrant’ and insert ‘an order’.

Secretary Jack Straw

20

Page  22  [Schedule  1],  leave out lines 33 to 36.

Secretary Jack Straw

21

Page  23,  line  11  [Schedule  1],  leave out ‘paragraph 1(5)’ and insert ‘paragraph

1A’.

Secretary Jack Straw

22

Page  23,  line  15  [Schedule  1],  leave out from ‘which’ to end of line 23 and insert

‘an order under paragraph 3—

(i)
was applied for;

(ii)
was made.’.

Mr Fabian Hamilton

4

Page  23,  line  29  [Schedule  1],  at end insert—

‘16
The Commission shall lay before Parliament, on an annual basis, reports

specifying how it has exercised its powers under this Schedule; and the

Commission’s work may be examined by a Select Committee.’.