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1155

 

House of Commons

 
 

Friday 10 July 2009

 

Consideration of Lords Amendments

 

New Amendments handed in are marked thus Parliamentary Star

 

Political Parties and Elections Bill


 

On Consideration of Lords Amendments to the Political Parties and Election Bill


 

Lords Amendment No. 11

 

Secretary Jack Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 12

 

Secretary Jack Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Jack Straw

 

To move the following Amendments to the Bill in lieu of the Lords Amendments Nos. 11 and

 

12:—

 

(a)

 

Parliamentary Star    

Page  8,  line  19,  at end insert the following new Clause:—

 

         

‘Non-resident donors

 

(1)    

In section 54 of the 2000 Act (permissible donors), in subsection (1)

 

(circumstances in which party may not accept donation), in paragraph (aa)

 

(inserted by section 8 above), for “as required by section 54A” there is substituted

 

“that is required to be given by section 54A or section 54B”.

 

(2)    

In subsection (2)(a) of that section (individuals who are permissible donors), for

 

“registered in an electoral register” there is substituted “who is registered in an

 

electoral register and satisfies the condition set out in subsection (2ZA)”.

 

(3)    

After subsection (2) of that section there is inserted—


 
 

Consideration of Lords Amendments: 10 July 2009            

1156

 

Political Parties and Elections Bill, continued

 
 

“(2ZA)    

The condition referred to in subsection (2)(a) is that either—

 

(a)    

the individual’s liability to income tax for the preceding tax year

 

falls to be determined on the basis that the individual was

 

resident, ordinarily resident and domiciled in the United

 

Kingdom in that year, or

 

(b)    

the individual is an Irish citizen.

 

    

In paragraph (a) “tax year” has the meaning given by section 4 of the

 

Income Tax Act 2007.”

 

(4)    

After that section there is inserted—

 

“54B  

Declaration as to whether residence etc condition satisfied

 

(1)    

An individual who causes an amount exceeding £7,500 to be received by

 

a registered party by way of a donation must give to the party a

 

declaration stating whether or not the individual satisfies the condition

 

set out in section 54(2ZA).

 

(2)    

A declaration under this section must also state the individual’s full name

 

and address.

 

(3)    

A person who knowingly or recklessly makes a false declaration under

 

this section commits an offence.”

 

(5)    

In Schedule 6 to the 2000 Act (details to be given in donation reports), in

 

paragraph 1A (inserted by section 8 above)—

 

(a)    

in the heading, at the end there is inserted “or as to whether residence etc

 

condition satisfied”;

 

(b)    

after “section 54A” there is inserted “or 54B”.

 

(6)    

In Schedule 20 to the 2000 Act (penalties) the following entry is inserted at the

 

appropriate place—

 

“Section 54B(3) (making a false

On summary conviction in England

 
 

declaration as to whether residence etc

and Wales or Scotland: statutory

 
 

condition satisfied)

maximum or 12 months

 
  

On summary conviction in Northern

 
  

Ireland: statutory maximum or 6

 
  

months

 
  

On indictment: fine or 1 year

 
 

(7)    

Schedule (Declaration as to whether residence etc condition satisfied) has effect.

 

    

That Schedule makes amendments to—

 

(a)    

Schedules 7, 11 and 15 to the 2000 Act (control of donations to

 

individuals and members associations; to recognised third parties; and to

 

permitted participants), and

 

(b)    

Schedule 20 to the 2000 Act (penalties),

 

    

corresponding to those made by subsections (1) to (6).”’.

 

(b)

 

Parliamentary Star    

Page  8,  line  19,  at end insert the following new Clause:—

 

         

‘Non-resident lenders etc

 

(1)    

After section 71H of the 2000 Act there is inserted—


 
 

Consideration of Lords Amendments: 10 July 2009            

1157

 

Political Parties and Elections Bill, continued

 
 

“71HA

Declaration that residence etc condition is satisfied

 

(1)    

A registered party must not be a party to a regulated transaction with a

 

value of more than £7,500 unless the registered party has received a

 

written declaration from each of the other parties to the transaction who

 

is an individual stating that the individual satisfies the condition set out

 

in section 54(2ZA).

 

(2)    

A declaration under this section must also state the individual’s full name

 

and address.

 

(3)    

A person who knowingly or recklessly makes a false declaration under

 

this section commits an offence.”

 

(2)    

In Schedule 6A to the 2000 Act (details to be given in transaction reports), after

 

paragraph 1 there is inserted—

 

“Declarations as to whether residence etc condition satisfied

 

1A  (1)  

In relation to each recordable transaction in the case of which a

 

declaration under section 71HA has been given, a quarterly or weekly

 

report must either—

 

(a)    

state that no reason was found to think that the declaration was

 

untruthful or inaccurate, or

 

(b)    

give details of any respects in which the declaration was found

 

or suspected to be untruthful or inaccurate.”

 

(3)    

In Schedule 20 to the 2000 Act (penalties) the following entry is inserted at the

 

appropriate place—

 

“Section 71HA(3) (making a false

On summary conviction in England

 
 

declaration as to whether residence etc

and Wales or Scotland: statutory

 
 

condition satisfied)

maximum or 12 months

 
  

On summary conviction in Northern

 
  

Ireland: statutory maximum or 6

 
  

months

 
  

On indictment: fine or 1 year”.’.

 
 

(c)

 

Parliamentary Star    

Page  52,  line  4,  at end insert the following new Schedule:—

 

SCHEDULE ‘

 

Declaration as to whether residence etc condition satisfied

 

Schedule 7 to the 2000 Act (control of donations to individuals and members associations)

 

1    (1)  

In paragraph 6 of Schedule 7 to the 2000 Act (prohibition on accepting

 

donations from impermissible donors), in paragraph (aa) of sub-paragraph (1)

 

(inserted by Schedule 3 above), for “as required by paragraph 6A” there is

 

substituted “that is required to be given by paragraph 6A or paragraph 6B”.

 

      (2)  

After paragraph 6A of that Schedule (inserted by Schedule 3 above) there is

 

inserted—


 
 

Consideration of Lords Amendments: 10 July 2009            

1158

 

Political Parties and Elections Bill, continued

 
 

“Declaration as to whether residence etc condition satisfied

 

6B  (1)  

An individual who causes an amount exceeding £7,500 to be

 

received by a regulated donee by way of a donation must give to the

 

donee a declaration stating whether or not the individual satisfies

 

the condition set out in section 54(2ZA).

 

      (2)  

A declaration under this paragraph must also state the individual’s

 

full name and address.

 

      (3)  

A person who knowingly or recklessly makes a false declaration

 

under this paragraph commits an offence.”

 

2    (1)  

Paragraph 10 of that Schedule (donation reports: donations from permissible

 

donors) (as amended by Schedule 3 above) is amended as follows.

 

      (2)  

In sub-paragraph (1)(b), after “paragraph 6A” there is inserted “or 6B”.

 

      (3)  

In sub-paragraph (5), at the end of paragraph (aa) there is inserted “, and any

 

reference to section 54B shall be read as a reference to paragraph 6B above”.

 

Schedule 11 to the 2000 Act (control of donations to recognised third parties)

 

3    (1)  

In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting

 

donations from impermissible donors), in paragraph (aa) of sub-paragraph (1)

 

(inserted by Schedule 3 above), for “as required by paragraph 6A” there is

 

substituted “that is required to be given by paragraph 6A or paragraph 6B”.

 

      (2)  

After paragraph 6A of that Schedule (inserted by Schedule 3 above) there is

 

inserted—

 

“Declaration as to whether residence etc condition satisfied

 

6B  (1)  

An individual who causes an amount exceeding £7,500 to be

 

received by a recognised third party by way of a donation must give

 

to the recognised third party a declaration stating whether or not the

 

individual satisfies the condition set out in section 54(2ZA).

 

      (2)  

A declaration under this paragraph must also state the full name and

 

address of the person by whom it is made.

 

      (3)  

A person who knowingly or recklessly makes a false declaration

 

under this paragraph commits an offence.”

 

4          

In paragraph 9A of that Schedule (inserted by Schedule 3 above)—

 

(a)    

in the heading, after “paragraph 6A” there is inserted “or 6B”;

 

(b)    

after “a declaration under paragraph 6A” there is inserted “or 6B”.

 

Schedule 15 to the 2000 Act (control of donations to permitted participants)

 

5    (1)  

In paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting

 

donations from impermissible donors), in paragraph (aa) of sub-paragraph (1)

 

(inserted by Schedule 3 above), for “as required by paragraph 6A” there is

 

substituted “that is required to be given by paragraph 6A or paragraph 6B”.

 

      (2)  

After paragraph 6A of that Schedule (inserted by Schedule 3 above) there is

 

inserted—

 

“Declaration as to whether residence etc condition satisfied

 

6B  (1)  

An individual who causes an amount exceeding £7,500 to be

 

received by a permitted participant by way of a donation must give


 
 

Consideration of Lords Amendments: 10 July 2009            

1159

 

Political Parties and Elections Bill, continued

 
 

to the permitted participant a declaration stating whether or not the

 

individual satisfies the condition set out in section 54(2ZA).

 

      (2)  

A declaration under this paragraph must also state the individual’s

 

full name and address.

 

      (3)  

A person who knowingly or recklessly makes a false declaration

 

under this paragraph commits an offence.”

 

6          

In paragraph 9A of that Schedule (inserted by Schedule 3 above)—

 

(a)    

in the heading, after “paragraph 6A” there is inserted “or 6B”;

 

(b)    

after “a declaration under paragraph 6A” there is inserted “or 6B”.

 

Schedule 20 to the 2000 Act (penalties)

 

7          

In Schedule 20 (penalties) the following entries are inserted at the appropriate

 

places—

 

“Paragraph 6B(3) of Schedule 7

On summary conviction in England

 
 

(making a false declaration as to

and Wales or Scotland: statutory

 
 

whether residence etc condition

maximum or 12 months

 
 

satisfied)

  
  

On summary conviction in Northern

 
  

Ireland: statutory maximum or 6

 
  

months

 
  

On indictment: fine or 1 year”

 
 

“Paragraph 6B(3) of Schedule 11

On summary conviction in England

 
 

(making a false declaration as to

and Wales or Scotland: statutory

 
 

whether residence etc condition

maximum or 12 months

 
 

satisfied)

  
  

On summary conviction in Northern

 
  

Ireland: statutory maximum or 6

 
  

months

 
  

On indictment: fine or 1 year”

 
 

“Paragraph 6B(3) of Schedule 15

On summary conviction in England

 
 

(making a false declaration as to

and Wales or Scotland: statutory

 
 

whether residence etc condition

maximum or 12 months

 
 

satisfied)

  
  

On summary conviction in Northern

 
  

Ireland: statutory maximum or 6

 
  

months

 
  

On indictment: fine or 1 year”.’.

 
 

(d)

 

Parliamentary Star    

Page  59,  line  30,  at end insert—

 

‘          

In that section as amended by paragraph 13—


 
 

Consideration of Lords Amendments: 10 July 2009            

1160

 

Political Parties and Elections Bill, continued

 
 

(a)    

after “section 54A” there is inserted “or 54B”;

 

(b)    

after “paragraph 6A” there is inserted “or 6B”.’.

 

(e)

 

Parliamentary Star    

Page  61,  line  20,  at end insert—

 

    ‘( )  

In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2) above),

 

after “paragraph 6A” there is inserted “or 6B”.’.

 

(f)

 

Parliamentary Star    

Page  61,  line  33,  at end insert—

 

    ‘( )  

In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2)(b)

 

above), after “paragraph 6A” there is inserted “or 6B”.’.

 

 

 

Political Parties and Elections bill (Programme) (No. 4)

 

Secretary Jack Straw

 

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

 

the purpose of supplementing the Order of 20 October 2008 (Political Parties and

 

Elections Bill (Programme))—

 

Consideration of Lords Amendments

 

1.    

Proceedings on consideration of Lords Amendments shall (so far as not

 

previously concluded) be brought to a conclusion at this day’s sitting at the

 

moment of interruption.

 

2.    

The Lords Amendments shall be considered in the following order, namely

 

Nos. 11, 12, 33 to 47, 50, 96 to 98, 105, 106, 1 to 8, 51 to 65, 99, 9, 10, 13,

 

28, 66 to 68, 14, 48, 49, 100 to 102, 104, 15 to 24, 103, 25 to 27, 69 to 92,

 

107, 29 to 32, 93 to 95.

 

Subsequent stages

 

3.    

Any further Message from the Lords may be considered forthwith without

 

any Question being put.

 

4.    

The proceedings on any further Message from the Lords shall (so far as not

 

previously concluded) be brought to a conclusion one hour after their

 

commencement.

 


 
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