House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 5 February 2009
53

Political Parties and Elections Bill, continued

      (2)
The register shall be maintained by the Commission in such form as

they may determine and shall contain, in the case of each such notice,

all the information contained in the notice as it has effect for the time

being in accordance with paragraph 18.

      (3)
Where any notice is given to the Commission under paragraph 17 or

sub-paragraph (5) or (7) of paragraph 18, they shall cause all the

information contained in the notice, or (as the case may be) any new

information contained in it, to be entered in the register as soon as is

reasonably practicable.

      (4)
The information to be entered in the register in respect of any

individual shall, however, not include the individual’s home address.”

(2)
In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate

place—

“Paragraph 17(4) of Schedule 7
On summary conviction in England

(knowingly giving compliance officer
and Wales or Scotland: statutory

false information about donations)
maximum or 12 months.

On summary conviction in Northern

Ireland: statutory maximum or 6

months.

On indictment: fine or 1 year.”’.

Mr Fabian Hamilton

5

Page  38,  line  21  [Schedule  3],  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 the 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.”’.

new clauses and amendments relating to clauses 4 to 7

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

86


Page  4,  line  2  [Clause  5],  leave out from ‘3A’ to end and insert ‘Nominated

Commissioners’.

Notices of Amendments: 5 February 2009
54

Political Parties and Elections Bill, continued

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

87


Page  4,  line  3  [Clause  5],  leave out from beginning to ‘be’ and insert ‘A

“nominated Commissioner” shall’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

88


Page  4,  line  5  [Clause  5],  leave out ‘(a “nominated Commissioner”)’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

89


Page  4,  line  7  [Clause  5],  leave out from ‘with’ to ‘at’ in line 8 and insert ‘15 or

more parliamentarians’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

90


Page  4,  line  9  [Clause  5],  leave out from ‘appointment’ to ‘whose’ in line 13.

Sir Peter Viggers

31

Page  4,  line  15  [Clause  5],  leave out ‘two’ and insert ‘one’.

Sir Peter Viggers

32

Page  4,  line  17  [Clause  5],  leave out ‘persons one of whom’ and insert ‘a person

who’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

91


Page  4,  line  19  [Clause  5],  at end insert—

‘( )
In subsection (2) a “parliamentarian” means a Member of the European

Parliament, a Member of the House of Commons, a Member of the Scottish

Parliament, a Member of the Welsh Assembly or a Member of the Northern

Ireland Assembly.’.

Sir Peter Viggers

33

Page  4,  line  23  [Clause  5],  at end insert—

Notices of Amendments: 5 February 2009
55

Political Parties and Elections Bill, continued

‘( )
In the case of an appointment of a nominated Commissioner, the reference in

section 3(2)(c) to being selected is to be read, where appropriate, as a reference

to being recommended.’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

92


Page  4,  line  26  [Clause  5],  leave out subsection (7).

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

93


Page  4,  line  46  [Clause  6],  leave out ‘nine or ten’ and insert ‘one or two more than

the number of nominated Commissioners multiplied by two.’.

New clauses and amendments relating to clauses 10 to 12

Limitation of pre-candidacy election expenses for certain general elections

Secretary Jack Straw

NC17

To move the following Clause:—

‘(1)
In the Representation of the People Act 1983 (c. 2) (“the 1983 Act”), after section

76 there is inserted—

“76ZA
  Limitation of pre-candidacy election expenses for certain general

elections
5
(1)
This section applies where —

(a)
a Parliament is not dissolved until after the period of 55 months

beginning with the day on which that Parliament first met (“the

55-month period”),

(b)
election expenses are incurred by or on behalf of a candidate at
10
the parliamentary general election which follows the dissolution,

and

(c)
the expenses are incurred in respect of a matter which is used

during the period beginning immediately after the 55-month

period and ending with the day on which the person becomes a
15
candidate at that election.


For the purposes of this section, section 90ZA(1) has effect with the

omission of the words “after the date when he becomes a candidate at the

election”.

(2)
Election expenses incurred as mentioned in subsection (1) must not in the
20
aggregate exceed the permitted amount, which is the relevant percentage

of the following sum—

Notices of Amendments: 5 February 2009
56

Political Parties and Elections Bill, continued

(a)
for a candidate at an election in a county constituency, £25,000

plus 7p for every entry in the register of electors;

(b)
for a candidate at an election in a borough constituency, £25,000
25
plus 5p for every entry in the register of electors.

(3)
The relevant percentage is—

(a)
100% where the dissolution was during the 60th month of the

Parliament;

(b)
90% where the dissolution was during its 59th month;
30
(c)
80% where the dissolution was during its 58th month;

(d)
70% where the dissolution was during its 57th month;

(e)
60% where the dissolution was during its 56th month.


For the purposes of this subsection, the “56th month” of a Parliament is

the month beginning immediately after the 55-month period; and so on.
35
(4)
In subsection (2) above “the register of electors” means the register of

parliamentary electors for the constituency in question as it has effect on

the last day for publication of notice of the election.

(5)
Where election expenses are incurred as mentioned in subsection (1) in

excess of the permitted amount, any candidate or election agent who—
40
(a)
incurred, or authorised the incurring of, the election expenses,

and

(b)
knew or ought reasonably to have known that the expenses

would be incurred in excess of that amount,


shall be guilty of an illegal practice.
45
(6)
The candidate’s personal expenses do not count towards the permitted

amount.”

(2)
The amendments made by this section do not apply in relation to any expenses—

(a)
incurred before the commencement of this section, or

(b)
incurred in respect of any matters used before 1 January 2010.’.

As Amendments to Secretary Jack Straw’s proposed New Clause (Limitation of pre-

candidacy election expenses for certain general elections) (NC17):—

Bob Spink

Andrew Mackinlay

Martin Linton

(a)

Line  6,  leave out ‘55’ and insert ‘50’.

Bob Spink

Andrew Mackinlay

Martin Linton

(b)

Line  8,  leave out ‘55’ and insert ‘50’.

Bob Spink

Andrew Mackinlay

Martin Linton

(c)

Line  13,  leave out ‘55’ and insert ‘50’.

Notices of Amendments: 5 February 2009
57

Political Parties and Elections Bill, continued

Bob Spink

Andrew Mackinlay

Martin Linton

(d)

Line  32,  at end insert—

‘(f)
50% where the dissolution was during its 55th month;

(g)
40% where the dissolution was during the 54th month;

(h)
30% where the dissolution was during its 53rd month;

(i)
20% where the dissolution was during its 52nd month;

(j)
10% where the dissolution was during its 51st month.’.

Secretary Jack Straw

38

Page  9,  line  15,  leave out Clause 11.

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.’.

new clauses and amendments relating to thresholds in relation to

political donations and loans

£50,000 cap on donations

David Howarth

Mr Alan Reid

Mr Nick Clegg

Dr Vincent Cable

Mr David Heath

Mr Paul Burstow

NC1

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

same calendar year exceeds £50,000.

Notices of Amendments: 5 February 2009
58

Political Parties and Elections Bill, continued

(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 same calendar

year exceeds £50,000.”.

(3)
In subsection 58(1)(a) of the 2000 Act, after “(b)”, there is inserted “or (1A)”’.

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.’.

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:—

Notices of Amendments: 5 February 2009
59

Political Parties and Elections Bill, continued

‘(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.

(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.