House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Consideration of Bill: 9 February 2009
96

Political Parties and Elections Bill, continued

“(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.

(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)”’.

new clauses and amendments relating to clauses 8 and 9 and schedule 3

Mr Gordon Prentice

Kelvin Hopkins

Paul Flynn

David Taylor

Mr David Drew

Lynne Jones

Total signatories: 163

84

Page  6,  line  4  [Clause  8],  at end insert—

‘(1A)
In section 54 of the 2000 Act (permissible donors), in subsection 2(a), after

“register” there is inserted “who is resident in the United Kingdom for the

purposes of Part 14 of the Income Tax Act 2007 (c. 3) and is not a non-domiciled

United Kingdom resident”.’.

Mr Gordon Prentice

Kelvin Hopkins

Paul Flynn

David Taylor

Mr David Drew

Lynne Jones

Total signatories: 163

85

Page  6,  line  27  [Clause  8],  at end insert—

‘(3A)
A declaration under this section must also state that the person P is resident in the

United Kingdom for the purposes of Part 14 of the Income Tax Act 2007 and is

not a non-domiciled United Kingdom resident.’.

Mr Fabian Hamilton

8

Page  38,  line  19  [Schedule  3],  at end insert—

Consideration of Bill: 9 February 2009
97

Political Parties and Elections Bill, continued

‘Schedule 6 of the 2000 Act (details to be given in donation reports)

A1  (1)
In paragraph 2 of Schedule 6 to the 2000 Act (details to be given in donation

reports), after paragraph (b) of sub-paragraph (10), there is inserted—

“(c)
the names and addresses of all the members of and donors donating

£5,000 or more annually to the association.”.

      (2)
In paragraph 2 of Schedule 6A to the 2000 Act (details to be given in

transaction reports), after paragraph (b) of sub-paragraph (10), there is

inserted—

“(c)
the names and addresses of all members of and donors donating

£5,000 or more annually to the association.”.

      (3)
In paragraph 2A of Schedule 6A to the 2000 Act (details to be given in

transaction reports), after paragraph (b) of sub-paragraph (11), there is

inserted—

“(ba)
the names and addresses of all the members of and donors donating

£5,000 or more annually to the association;”’.

other new clauses relating to political donations and spending

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.’.

Consideration of Bill: 9 February 2009
98

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.’.

Consideration of Bill: 9 February 2009
99

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.

Consideration of Bill: 9 February 2009
100

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.’.

Consideration of Bill: 9 February 2009
101

Political Parties and Elections Bill, continued

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,

(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,

Consideration of Bill: 9 February 2009
102

Political Parties and Elections Bill, continued

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;

(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.’.

new clauses and amendments relating to clauses 13 to 17

Service registration

Mrs Eleanor Laing

Mr Jonathan Djanogly

NC14

To move the following Clause:—

‘(1)
The Representation of the People Act 1983 is amended as follows.