House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 2 March 2009
48

Political Parties and Elections Bill, continued

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

Not called  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.’.

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

Not called  NC8

To move the following Clause:—

‘(1)
The limit on donations established by section [£50,000 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 [£50,000 cap

on donations];

Report Stage Proceedings: 2 March 2009
49

Political Parties and Elections Bill, continued

(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.

House of Commons communications allowance to count as qualifying expenditure

David Howarth

Mr Alan Reid

Not called  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.’.

Report Stage Proceedings: 2 March 2009
50

Political Parties and Elections Bill, continued

National spending limit

Mr Nick Clegg

Dr Vincent Cable

David Howarth

Mr David Heath

Mr Alan Reid

Mr Paul Burstow

Not called  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

Not called  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.’.

Report Stage Proceedings: 2 March 2009
51

Political Parties and Elections Bill, continued

Qualifying expenditure

Mr Nick Clegg

Dr Vincent Cable

David Howarth

Mr David Heath

Mr Alan Reid

Mr Paul Burstow

Not called  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;

(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

Report Stage Proceedings: 2 March 2009
52

Political Parties and Elections Bill, continued

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 Schemes for the Transfer of

Data to Registration Officers

Schemes for provision of data to registration officers

Secretary Jack Straw

Added  NC21

To move the following Clause:—

‘(1)
The Secretary of State may by order made by statutory instrument make provision

(referred to below as a “scheme”) authorising or requiring specified persons to

provide to a specified registration officer, for the purpose mentioned in

subsection (2), information contained in records kept by those persons.

(2)
The purpose is assisting the registration officer to secure, so far as reasonably

practicable—

(a)
that persons who are entitled to be registered in a register are registered

in it,

(b)
that persons who are not entitled to be registered in a register are not

registered in it, and

(c)
that none of the information relating to a registered person that appears

in a register or other record kept by the officer is false,


and, in particular, assisting the officer to ascertain to what extent the objectives

referred to in paragraphs (a) to (c) are being met and to determine what steps

should be taken for meeting them.

(3)
A scheme may authorise or require information to be provided at specified times

or in specified circumstances.

(4)
A scheme may not authorise or require information to be provided by a person

other than—

(a)
a local or public authority, or

(b)
a person providing services to, or authorised to exercise any function of,

a local or public authority.

(5)
An order under this section may include more than one scheme.

(6)
An order under this section has effect despite any statutory or other restriction on

the disclosure of information (but may not permit disclosure in breach of

subsection (7)).

Report Stage Proceedings: 2 March 2009
53

Political Parties and Elections Bill, continued

(7)
Information provided to a registration officer under an order under this section

may not be disclosed to a person other than one to whom the officer may delegate

his or her functions, except—

(a)
for the purpose mentioned in subsection (2), or

(b)
for the purposes of any criminal or civil proceedings.


A person who discloses information in breach of this subsection is guilty of an

offence and liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

(8)
An order under this section may contain incidental, supplemental, transitional or

saving provision.

(9)
An order under this section must not be made unless a draft of the statutory

instrument containing it has been laid before, and approved by a resolution of,

each House of Parliament.

(10)
In this section—

“false”, in relation to a signature, means that the signature is not the usual

signature of, or was written by a person other than, the person whose

signature it purports to be;

“specified” means specified in an order under this section;

“register”, in relation to a registration officer, means a register maintained

by that officer under section 9 of the 1983 Act;

“registered person” means a person registered in such a register;

“registration officer” has the same meaning as in the 1983 Act (see section

8 of that Act) except that it does not include the Chief Electoral Officer

for Northern Ireland.’.

Schemes under section [Schemes for provision of data to registration officers]: proposals,

consultation and evaluation

Secretary Jack Straw

Added  NC22

To move the following Clause:—

‘(1)
A scheme may be included in an order under section [Schemes for provision of

data to registration officers] only if a proposal has been submitted to the

Secretary of State by the registration officer to whom the scheme relates and the

scheme gives effect to the proposal, either—

(a)
without modification, or

(b)
with modifications suggested by the Secretary of State and agreed to by

the officer.

(2)
The Secretary of State may not make an order under section [Schemes for

provision of data to registration officers] without first consulting—

(a)
the Electoral Commission;

(b)
any person authorised or required by the order to provide information to

a registration officer;

(c)
the Information Commissioner.

(3)
An order under section [Schemes for provision of data to registration officers]

must specify a date (the “evaluation date”) for each scheme included in the order.


The Electoral Commission must prepare a report on the operation of each scheme

and, no later than the evaluation date, give a copy of it—

Report Stage Proceedings: 2 March 2009
54

Political Parties and Elections Bill, continued

(a)
to the registration officer concerned, and

(b)
to the Secretary of State.

(4)
A report under subsection (3) must set out the terms of the scheme and must

contain—

(a)
a description of the scheme;

(b)
an assessment of the matters set out in subsection (5);

(c)
anything else specified in the order under section [Schemes for provision

of data to registration officers].

(5)
The matters are—

(a)
the extent to which the scheme has achieved the purpose mentioned in

section [Schemes for provision of data to registration officers](2);

(b)
whether there was any objection to the scheme, and if so how much;

(c)
how easy the scheme was to administer;

(d)
the extent to which the scheme resulted in savings of time and costs, or

the opposite.

(6)
The registration officer concerned—

(a)
must give the Electoral Commission whatever assistance they reasonably

require in connection with the preparation of the report;

(b)
must publish the report in whatever way the officer thinks appropriate.

(7)
In this section “registration officer” and “scheme” mean the same as in section

[Schemes for provision of data to registration officers].’.

new clauses and amendments relating to clauses 13 to 17

Service registration

Mrs Eleanor Laing

Mr Jonathan Djanogly

Not called  NC14

To move the following Clause:—

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

(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

Not called  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.