House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9 February 2009
8

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  60

Page  24,  line  8  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  61

Page  24,  line  15  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  62

Page  24,  line  22  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  68

Page  24,  line  27  [Schedule  2],  at end insert ‘within 28 days of receipt of the notice

under paragraph 2(4).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  69

Page  24,  line  44  [Schedule  2],  at end insert ‘within the period specified under

paragraph 3(2)(a).’.

Mr Fabian Hamilton

Not selected  6

Page  25,  line  3  [Schedule  2],  at end insert ‘and may by notice require the

Commission to withdraw the notice and pursue the matter as a criminal offence under the

relevant provisions.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  70

Page  25,  line  3  [Schedule  2],  at end insert ‘at any point during the period specified

in paragraph 3(2)(b).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  76

Page  25,  line  7  [Schedule  2],  after ‘shall’, insert ‘promptly’.

Report Stage Proceedings: 9 February 2009
9

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  73

Page  25,  line  16  [Schedule  2],  leave out from ‘penalty’ to end of line 21 and insert

‘at any point within 28 days of receipt of the notice under paragraph 2(4).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Negatived on division  74

Page  25,  line  22  [Schedule  2],  leave out ‘a county court’ and insert ‘the High

Court’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  71

Page  25,  line  34  [Schedule  2],  after first ‘the’, insert ‘date of commencement of the

28 day period’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  72

Page  25,  line  36  [Schedule  2],  after first ‘the’, insert ‘date of commencement of the

28 day period’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  78

Page  25,  line  44  [Schedule  2],  leave out sub-sub-paragraph (d).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  63

Page  27,  line  3  [Schedule  2],  leave out sub-sub-paragraph (a).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  64

Page  27  [Schedule  2],  leave out lines 19 and 20.

Report Stage Proceedings: 9 February 2009
10

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  65

Page  27,  line  23  [Schedule  2],  leave out sub-paragraph (8).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  75

Page  28,  line  6  [Schedule  2],  after ‘shall’, insert ‘promptly’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  77

Page  28,  line  9  [Schedule  2],  leave out from ‘requirement’ to end of line 18 and

insert ‘at any point within 28 days of receipt of the notice under paragraph 6(5)’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  66

Page  28,  line  34  [Schedule  2],  leave out sub-sub-paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  79

Page  28,  line  39  [Schedule  2],  leave out sub-sub-sub-paragraph (iii).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  67

Page  29,  line  8  [Schedule  2],  leave out sub-sub-paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  81

Page  29,  line  21  [Schedule  2],  after ‘may’, insert ‘at any point during a period of 28

days from receipt of that notice’.

Report Stage Proceedings: 9 February 2009
11

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  82

Page  29,  line  28  [Schedule  2],  leave out ‘a county court’ and insert ‘the High

Court’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not selected  80

Page  33,  line  3  [Schedule  2],  leave out sub-sub-paragraph (a).

Secretary Jack Straw

Agreed to  23

Page  36  [Schedule  2],  leave out lines 39 and 40 and insert—

    ‘( )
Each report by the Commission under paragraph 20 of Schedule 1 shall contain

information about the use made by the Commission of their powers under this

Schedule during the year in question.

      ( )
The report shall, in particular, specify—’.

Mr Fabian Hamilton

Not called  7

Page  36,  line  39  [Schedule  2],  leave out ‘from time to time’ and insert ‘annually’.

Secretary Jack Straw

Agreed to  24

Page  36,  line  42  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Secretary Jack Straw

Agreed to  25

Page  36,  line  44  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Secretary Jack Straw

Agreed to  26

Page  36,  line  45  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Secretary Jack Straw

Agreed to  27

Page  37,  line  1  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Report Stage Proceedings: 9 February 2009
12

Political Parties and Elections Bill, continued

Secretary Jack Straw

Agreed to  28

Page  37  [Schedule  2],  leave out lines 3 to 6 and insert—

    ‘( )
This paragraph does not require the Commission to include in a report any

information that, in their opinion, it would be inappropriate to include on the

ground that to do so—

(a)
would or might be unlawful, or
5
(b)
might adversely affect any current investigation or proceedings.’.

As Amendments to Secretary Jack Straw’s proposed Amendment (No. 28):—

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  (a)

Line  2,  after ‘their’, insert ‘reasonable’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  (b)

Line  5,  leave out ‘might’ and insert ‘would’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

Not called  83

Page  37,  line  6  [Schedule  2],  at end insert—

‘(3)
In a report the Commission will not specify the names of those persons who have

been the subject of the cases specified in sub-paragraph 1(a), (b) and (c) save

where the amount of any penalty exceeds £5,000.’.

new clauses and amendments relating to compliance officers for

holderS of elective office

Control of donations to holders of elective office: compliance officers

Secretary Jack Straw

Added on division  NC13

To move the following Clause:—

‘(1)
In Schedule 7 to the 2000 Act (control of donations to individuals etc), at the end

there is inserted—

“Part 7

COMPLIANCE OFFICERS

Report Stage Proceedings: 9 February 2009
13

Political Parties and Elections Bill, continued

Functions and liabilities of compliance officers

17  (1)
A regulated donee who is the holder of a relevant elective office (the

“office-holder”) may, by giving a notice to the Commission which

complies with paragraph 18(1), appoint an individual as compliance

officer for the office-holder.

      (2)
Where a notice under this paragraph is for the time being in force—

(a)
any duty imposed on the office-holder by virtue of paragraph

8, or under paragraph 10, 11 or 13, may be discharged either

by the office-holder or by the compliance officer;

(b)
section 56(3), (3B) and (4) as applied by paragraph 8, and

paragraph 12(1) and (2), apply to the compliance officer as

well as the office-holder (so that either or both of them may be

charged with any offence under those provisions);

(c)
if the compliance officer makes a declaration under paragraph

13, paragraph 13(4) applies to the compliance officer instead

of the office-holder.

      (3)
The compliance officer for an office-holder cannot be guilty of an

offence under paragraph 12(1) or (2) in respect of any controlled

donation received by the office-holder at a time when the notice under

this paragraph was not in force.

      (4)
A person commits an offence if, at a time when a notice under this

paragraph is in force in relation to an office-holder, the person

knowingly gives the compliance officer any information relating to—

(a)
the amount of any controlled donation made to the office-

holder, or

(b)
the person or body making such a donation,


which is false in a material particular.

Notices of appointment, renewal, alteration and termination

18  (1)
A notice under paragraph 17—

(a)
must be signed by the office-holder, and

(b)
must contain a statement signed by the individual to be

appointed as compliance officer confirming that the

individual is willing to be appointed.

      (2)
A notice under paragraph 17 must state—

(a)
the full name of the office-holder,

(b)
the relevant elected office that the person holds,

(c)
the office-holder’s home address in the United Kingdom, or

(if there is no such home address) the office-holder’s home

address elsewhere, and

(d)
if the office-holder is a member of a registered party, the

party’s registered name and the address of its registered

headquarters.

      (3)
A notice under paragraph 17 must also state—

(a)
the full name of the individual to be appointed as compliance

officer,

(b)
if the individual holds a relevant elected office, what that

office is,

Report Stage Proceedings: 9 February 2009
14

Political Parties and Elections Bill, continued

(c)
the individual’s home address in the United Kingdom, or (if

there is no such home address) the individual’s home address

elsewhere, and

(d)
if the individual is a member of a registered party, the party’s

registered name and the address of its registered headquarters.

      (4)
Subject to the following provisions of this paragraph, a notice under

paragraph 17 (“the original notice”)—

(a)
shall be in force as from the date on which it is received by the

Commission, but

(b)
shall, subject to sub-paragraph (5), lapse at the end of the

period of 12 months beginning with that date unless the

office-holder or the compliance officer gives a notice to the

Commission that they both wish the original notice to remain

in force.

      (5)
A notice under sub-paragraph (4)(b) (a “renewal notice”) must

either—

(a)
confirm that all the statements contained in the original notice,

as it has effect for the time being, are accurate; or

(b)
indicate that any statement contained in that notice, as it so has

effect, is replaced by some other statement conforming with

the relevant provision of sub-paragraph (2) or (3).


A renewal notice must be signed by the office-holder and the

compliance officer.

      (6)
A renewal notice must be received by the Commission during the

period of one month ending with the year referred to in sub-paragraph

(4)(b).

      (7)
The office-holder or the compliance officer may, at any time after

giving the original notice, give the Commission a notice (a “notice of

alteration”) indicating that any statement contained in the original

notice, as it has effect for the time being, is replaced by some other

statement—

(a)
contained in the notice of alteration, and

(b)
conforming with the relevant provision of sub-paragraph (2)

or (3).


A notice of alteration must be signed by the office-holder and the

compliance officer.

      (8)
A notice under paragraph 17 ceases to have effect on receipt by the

Commission of a notice terminating it (a “notice of termination”)

given by the office-holder or the compliance officer.


A notice of termination must be signed by the person giving it (but

may be signed both by the office-holder and the compliance officer).

      (9)
Where a notice of termination is signed by the office-holder alone or

by the compliance officer alone, the Commission must inform the

other person as soon as is reasonably practicable.

Register of compliance officers

19  (1)
The Commission shall maintain a register of all notices given to them

under paragraph 17 which are for the time being in force.