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371

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 13 July 2009

Proceedings

on Consideration of Lords Amendments

Political Parties and Elections Bill

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

Lords Amendment No. 11

Secretary Jack Straw
Agreed to

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 12

Secretary Jack Straw
Agreed to

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

Lords Amendment accordingly Disagreed to.

Secretary Jack Straw

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

12:—

Agreed to  (a)

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”.

Proceedings on Consideration of Lords Amendments: 13 July 2009
372

Political Parties and Elections Bill, continued

(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—

“(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).”’.

Agreed to  (b)

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

Proceedings on Consideration of Lords Amendments: 13 July 2009
373

Political Parties and Elections Bill, continued


‘Non-resident lenders etc

(1)
After section 71H of the 2000 Act there is inserted—

“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”.’.

Agreed to  (c)

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”.

Proceedings on Consideration of Lords Amendments: 13 July 2009
374

Political Parties and Elections Bill, continued

      (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 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—

Proceedings on Consideration of Lords Amendments: 13 July 2009
375

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 permitted participant by way of a donation must give

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”.’.

Proceedings on Consideration of Lords Amendments: 13 July 2009
376

Political Parties and Elections Bill, continued

Agreed to  (d)

Page  59,  line  30,  at end insert—

‘
In that section as amended by paragraph 13—

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

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

Agreed to  (e)

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”.’.

Agreed to  (f)

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”.’.

Lords Amendments 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 and

92 to 95 Agreed to.