House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament


 
 

Consideration of Bill: 9 February 2009                  

103

 

Political Parties and Elections Bill, continued

 
 

(2)    

In section 15 (service declaration), omit subsection (2)(a).

 

(3)    

In section 15 (service declaration), omit subsections (9), (10), (11) and (12).’.

 


 

Personal identifiers at the ballot box

 

Mrs Eleanor Laing

 

Mr Jonathan Djanogly

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Representation of the People Act 1983 (“the 1983 Act”) Schedule 1

 

(Parliamentary Election Rules) shall be amended as follows.

 

(2)    

After Rule 37(1) (ballot paper to be delivered to voter on application) there is

 

inserted—

 

“(1A)    

A ballot paper shall not be delivered to a voter unless he has produced a

 

specified document to the presiding officer or a clerk.

 

(1B)    

Where a voter produces a specified document, the presiding officer or

 

clerk to whom it is produced shall deliver a ballot paper to the voter

 

unless the officer or clerk decides that the document raises a reasonable

 

doubt as to whether the voter is the elector or proxy he represents himself

 

to be.

 

(1C)    

Where a voter produces a specified document to a presiding officer and

 

he so decides, the presiding officer shall refuse to deliver a ballot paper

 

to the voter.

 

(1D)    

Where a voter produces a specified document to a clerk and he so

 

decides, he shall refer the matter and produce the document to the

 

presiding officer who shall proceed as if the document has been produced

 

to him in the first place.

 

(1E)    

For the purposes of this rule a specified document is one of the

 

following—

 

(a)    

a valid passport issued by the government of the United

 

Kingdom or by the government of the Republic of Ireland,

 

(b)    

a valid licence to drive a motor vehicle granted under Part III of

 

the Road Traffic Act 1972 (or part III of the Road Traffic Act

 

1988) (including a provisional licence), or under Article 12 of the

 

Road Traffic (Northern Ireland) Order 1981 or any

 

corresponding enactment for the time being in force,

 

(c)    

a credit or debit card with signature,

 

(d)    

HM Forces identification card,

 

(e)    

medical card with signature on it,

 

(f)    

a local authority valid bus pass with signature on it,

 

(g)    

a valid book for the payment of allowances, benefits or pensions

 

if it has a signature in it,

 

(h)    

a tenant book if it has a signature in it,

 

(i)    

a certified copy, or extract, of an entry of marriage issued by a

 

Registrar General, where the voter producing the copy of an


 
 

Consideration of Bill: 9 February 2009                  

104

 

Political Parties and Elections Bill, continued

 
 

extract is a woman married within the period of two years ending

 

with the day of the poll concerned.

 

    In sub-paragraph (i) above “a Registrar General” means the Registrar

 

General for England and Wales, the Registrar General of Births, Deaths

 

and Marriages for Scotland or the Registrar General for Northern Ireland.

 

(1F)    

Regulations may make provision varying the list in paragraph (1E)

 

(whether by adding or deleting documents or varying any description of

 

document).

 

(1G)    

References in this rule to producing a document are to producing it for

 

inspection.”.

 

(3)    

After Rule 38(1) (incapacitated voter’s vote to be marked on ballot paper on

 

application) there is inserted—

 

“(1A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

 

applies under paragraph (1) above as they apply in the case of a voter who

 

applies under Rule 37(1), but reading references to delivering a ballot

 

paper to a voter as references to causing a voter’s vote to be marked on a

 

ballot paper.”.

 

(4)    

After Rule 39(2) (blind voter to be allowed assistance of companion on

 

application) there is inserted—

 

“(2A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who

 

applies under paragraph (1) above as they apply in the case of a voter who

 

applies under Rule 37(1), but reading references to delivering a ballot

 

paper to a voter as references to granting a voter’s application.”.

 

(5)    

After Rule 40(1) (person entitled to mark tendered ballot paper after another has

 

voted) there is inserted—

 

“(1A)    

Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a person

 

who seeks to mark a tendered ballot paper under paragraph (1) above as

 

they apply in the case of a voter who applies for a ballot paper under Rule

 

37(1).

 

(1B)    

Paragraph (1C) below applies where a presiding officer refuses to deliver

 

a ballot paper to a person under paragraph (1C) of Rule 37 (including that

 

paragraph as applied by Rule 38 or 39 or this Rule).

 

(1C)    

The person shall, on satisfactorily answering the questions permitted by

 

law to be asked at the poll, nevertheless be entitled, subject to the

 

following provisions of this Rule, to mark a ballot paper (in these Rules

 

referred to as “a tendered ballot paper”) in the same manner as any other

 

voter.”.

 

(6)    

After Rule 40(4) there is inserted—

 

“(5)    

A person who marks a tendered ballot paper under paragraph (1C) above

 

shall sign the paper, unless it was marked after an application was refused

 

under Rule 38 or 39.

 

(6)    

A paper which is required to be signed under paragraph (5) above and is

 

not so signed shall be void.”’.

 



 
 

Consideration of Bill: 9 February 2009                  

105

 

Political Parties and Elections Bill, continued

 
 

Individual voter registration

 

Mrs Eleanor Laing

 

Mr Jonathan Djanogly

 

NC16

 

To move the following Clause:—

 

‘(1)    

The Representation of the People Act 1983 is amended as follows—

 

(2)    

In section 10 (maintenance of registers: annual canvass), after subsection (4)

 

there is inserted—

 

“(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—

 

(i)    

his national insurance number or a statement that he

 

does not have one,

 

(ii)    

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)    

after subsection (1) there is inserted—

 

“(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 such person—

 

(i)    

his national insurance number or a statement

 

that he does not have one,

 

(ii)    

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.”,


 
 

Consideration of Bill: 9 February 2009                  

106

 

Political Parties and Elections Bill, continued

 
 

(b)    

in subsection (5), at the beginning there is inserted “Subject to subsection

 

(5A) below,”,

 

(c)    

after subsection (5) there is inserted—

 

“(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.”.

 

(d)    

in subsection (6), after “above”, there is inserted “or his name is to be

 

removed from it by virtue of subsection (5A) above,”, and

 

(e)    

in subsection (8), after “5”, there is inserted “, (5A)”.

 

(4)    

In section 13A (alteration of registers), after subsection (2) there is inserted—

 

“(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)    

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.”.’.

 


 

other new clauses relating to elections

 

Scottish Parliament elections

 

Pete Wishart

 

Angus Robertson

 

Stewart Hosie

 

NC18

 

To move the following Clause:—

 

‘(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

In section 12 (power to make provision about elections), in subsection (1), for

 

“Secretary of State” there is substituted “Scottish Ministers”.


 
 

Consideration of Bill: 9 February 2009                  

107

 

Political Parties and Elections Bill, continued

 
 

(3)    

In Schedule 7 (procedure for subordinate legislation)—

 

(a)    

in the right-hand column of the entry “Section 12(1)”, for the words

 

“Type C” there is substituted “Type L”;

 

(b)    

At the end of paragraph 2 there is inserted.

 

    

Type L: The Scottish Ministers shall not make the legislation

 

unless a draft of the instrument has been laid before and

 

approved by a resolution of the Parliament.”.

 


 

remaining proceedings

 

Reveiw of Act

 

Mr Fabian Hamilton

 

NC2

 

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 no 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.

 

(6)    

The Secretary of State may make payments to persons appointed as members of

 

the committee.’.

 


 

Secretary Jack Straw

 

39

 

Page  14,  line  39  [Clause  23],  leave out paragraph (c) and insert—

 

‘(c)    

section 12,’.

 


 

Secretary Jack Straw

 

40

 

Page  44,  line  24  [Schedule  4],  at end insert—

 

‘3A      

In section 76A (power to vary provisions about election expenses), after

 

paragraph (d) of subsection (2) there is inserted—

 

“(e)    

section 76ZA(2) above.”’.


 
 

Consideration of Bill: 9 February 2009                  

108

 

Political Parties and Elections Bill, continued

 
 

Secretary Jack Straw

 

41

 

Page  44,  line  24  [Schedule  4],  at end insert—

 

‘3B      

In section 90ZA (meaning of “election expenses”), for subsection (5) there is

 

substituted—

 

“(5)    

A reference in this Part of this Act to a candidate at an election, in

 

relation to election expenses, includes (where the context allows) a

 

reference to a person who becomes a candidate at the election after the

 

expenses are incurred.”’.

 


 

Secretary Jack Straw

 

29

 

Page  45,  line  39  [Schedule  4],  at end insert—

 

‘          

In section 149 (inspection of Commission’s registers etc), in subsection (1),

 

after paragraph (d) there is inserted—

 

“(e)    

paragraph 19 of Schedule 7”.’.

 


 

Secretary Jack Straw

 

42

 

Page  47,  line  12  [Schedule  5],  at end insert—

  

‘In section 76A(2), the word “or” at the end of

 
  

paragraph (c).’.

 
 

Secretary Jack Straw

 

43

 

Page  47  [Schedule  5],  leave out lines 13 and 14.

 

Secretary Jack Straw

 

30

 

Page  47,  line  18  [Schedule  5],  at end insert—

  

‘In section 149(1), the word “or” at the end of

 
  

paragraph (c).’.

 
 

 

Order of the House [20 OCTOBER 2008] as amended

 

by order of 27 october

 

That the following provisions shall apply to the Political Parties and Elections Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.


 
 

Consideration of Bill: 9 February 2009                  

109

 

Political Parties and Elections Bill, continued

 
 

Proceedings in Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 20 November 2008.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

POLITICAL PARTIES AND ELECTIONS BILL (PROGRAMME) (NO. 3)

 

Secretary Jack Straw

 

That the Order of 20 October 2008 (Political Parties and Elections Bill (Programme))

 

be varied as follows—

 

       1. Paragraphs 4 and 5 of the Order shall be omitted.

 

       2. Proceedings on consideration and Third Reading shall be concluded in two

 

days.

 

       3. Proceedings on consideration shall be taken on each of those days as shown

 

in the following Table and in the order so shown.

 

       4. Each part of the proceedings, shall (so far as not previously concluded) be

 

brought to a conclusion at the time specified in relation to it in the second

 

column of the Table.

 

First day

 

Proceedings

Time for conclusion of proceedings

 
 

New Clauses and amendments relating to

Three hours after the commencement of

 
 

Clauses 1 to 3 and Schedules 1 and 2;

proceedings on the Motion for this Order,

 
 

new Clauses and amendments relating to

or 8.30 pm, whichever is the earlier.

 
 

compliance officers for holders of

  
 

elective office.

  
 

New Clauses and amendments relating to

The moment of interruption.

 
 

Clauses 4 to 7; new Clauses and

  
 

amendments relating to Clauses 10 to 12.

  

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 9 February 2009