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Report Stage Proceedings: 9 February 2009                

15

 

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

 

Not called  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 sub-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

 

Withdrawn  86

 

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

 

Commissioners’.


 
 

Report Stage Proceedings: 9 February 2009                

16

 

Political Parties and Elections Bill, continued

 
 

Pete Wishart

 

Angus Robertson

 

Mr Elfyn Llwyd

 

Mr Eddie McGrady

 

Not called  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

 

Not called  88

 

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

 

Pete Wishart

 

Angus Robertson

 

Mr Elfyn Llwyd

 

Mr Eddie McGrady

 

Not called  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

 

Not called  90

 

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

 

Secretary Jack Straw

 

Sir Peter Viggers

 

Agreed to  31

 

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

 

Secretary Jack Straw

 

Sir Peter Viggers

 

Agreed to  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

 

Negatived on division  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.’.


 
 

Report Stage Proceedings: 9 February 2009                

17

 

Political Parties and Elections Bill, continued

 
 

Secretary Jack Straw

 

Sir Peter Viggers

 

Agreed to  33

 

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

 

‘( )    

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

 

Not called  92

 

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

 

Pete Wishart

 

Angus Robertson

 

Mr Elfyn Llwyd

 

Mr Eddie McGrady

 

Not called  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

 

Added  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”.


 
 

Report Stage Proceedings: 9 February 2009                

18

 

Political Parties and Elections Bill, continued

 
 

(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—

 

(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

 

Not called  (a)

 

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

 

Bob Spink

 

Andrew Mackinlay

 

Martin Linton

 

Not called  (b)

 

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


 
 

Report Stage Proceedings: 9 February 2009                

19

 

Political Parties and Elections Bill, continued

 
 

Bob Spink

 

Andrew Mackinlay

 

Martin Linton

 

Not called  (c)

 

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

 

Bob Spink

 

Andrew Mackinlay

 

Martin Linton

 

Not called  (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

 

Agreed to  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

 

Not called  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.’.


 
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