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'(1) Part 7 of the Political Parties, Elections and Referendums Act 2000 (referendums) is amended as follows.
(2) In section 105 (permitted participants), in subsection (1)(b)(i), after "(as defined by section 54(8))" insert "who is not the responsible person, in relation to the referendum, for another permitted participant".
(3) In section 106 (declarations and notifications for purposes of section 105), after subsection (4) insert-
"(4A) A declaration made or notification given by a body in relation to a particular referendum does not comply with the requirement in subsection (2)(b) or (4)(b)(ii) (to state the name of the person who will be responsible for compliance) if the person whose name is stated-
(a) is already the responsible person for a permitted participant in relation to the referendum,
(b) is an individual who gives a notification under subsection (3) in relation to the referendum at the same time, or
(c) is the person whose name is stated, in purported compliance with the requirement in subsection (2)(b) or (4)(b)(ii), in a notification given in relation to the referendum at the same time by another body.
In this subsection "the person", in relation to a body other than a minor party, is to be read as "the person or officer"."'.- (Mr. Straw.)
Brought up, and added to the Bill.
'(1) Part 7 of the Political Parties, Elections and Referendums Act 2000 (referendums) is amended as follows.
(2) In section 118 (special restriction on referendum expenses by permitted participants), in subsection (4), after "for the purposes of this section," insert "section 118A,".
(3) After that section insert-
"118A Referendum expenses incurred by persons acting in concert
(1) This section applies where-
(a) any referendum expenses are incurred by or on behalf of an individual or body during the referendum period for a referendum to which this Part applies, and
(b) the expenses are so incurred in pursuance of a plan or other arrangement whereby referendum expenses are to be incurred by or on behalf of-
(i) that individual or body, and
(ii) one or more other individuals or bodies,
respectively with a view to, or otherwise in connection with, promoting or procuring one particular outcome in relation to any question asked in the referendum.
(2) The expenses mentioned in subsection (1)(a) shall be treated for the purposes of-
(b) section 118 and Schedule 14, and
as having also been incurred, during the referendum period, by or on behalf of the other individual or body (or, as the case may be, each of the other individuals or bodies) mentioned in subsection (1)(b)(ii).
(3) This section applies whether or not any of the individuals or bodies in question is a permitted participant."'.- (Mr. Straw.)
Brought up, and added to the Bill.
'(1) The Representation of the People Act 1983 is amended as follows-
(2) In Schedule 1 (Parliamentary elections rules), in paragraph 44, after sub-paragraph (1) insert-
"(1A) The counting of votes in a parliamentary election shall start within four hours of the close of the poll, save in exceptional circumstances.
(1B) The Secretary of State shall, after consulting the Electoral Commission, prepare draft guidance on the definition of "exceptional circumstances" for the purposes of sub-paragraph (1A).
(1C) The draft guidance prepared under sub-paragraph (1B) may not be issued unless a draft has been laid before, and approved by both Houses of Parliament."'.- (Mr. Straw.)
Brought up, and added to the Bill.
Amendments made: 100, page 32, line 38, leave out '(apart from this Part)'.
Amendment 136, page 32, line 40, at end insert-
'( ) Subsection (3) does not apply to the following provisions of this Act (which accordingly come into force on the day this Act is passed)-
(a) sections [ Referendum on voting systems] and [ Referendum period];
(b) section [ Tax status of MPs and members of the House of Lords];
(c) section [ Tax status of members of the House of Lords: transitional provision] (or section 33, so far as applied by that section);
(d) section [ Section 3 of the Act of Settlement];
(e) sections [ Referendums: person may not be "responsible person" for more than one permitted participant] and [ Referendums: expenses incurred by persons acting in concert];
(f) this Part.'.- (Mr. Straw.)
Amendments made: 102, line 1, after 'State;' insert
'to make provision in relation to section 3 of the Act of Settlement and other provision in relation to nationality restrictions connected with employment or the holding of office in a civil capacity under the Crown;'.Amendment 133, line 2, after 'treaties;', insert
'to amend the Parliamentary Standards Act 2009 and the European Parliament (Pay and Pensions) Act 1979 and to make provision relating to pensions for members of the House of Commons, Ministers and other office-holders;'.Amendment 137, line 2, after 'treaties;' insert
'to make provision for a referendum on the voting system for parliamentary elections, and about referendums generally;'.Amendment 134, line 4, after 'Lords;', insert
'to make provision for treating members of the House of Commons and members of the House of Lords as resident, ordinarily resident and domiciled in the United Kingdom for taxation purposes;'.Amendment 43, line 10, after 'Office;' insert
'to amend Schedule 5 to the Government of Wales Act 2006 in relation to the Auditor General for Wales;'.- (Mr. Straw.)Mr. Grieve: On a point of order, Madam Chairman. The reality is that, without the debate having been long-winded, yet again we have failed to consider a large number of clauses, including on questions of mental illness of Members of Parliament, the role of the Attorney-General, war powers, code of conduct for publicly funded bodies, royal marriages and succession to the Crown, complaints to the parliamentary commissioner, and parliamentary constituencies and elections. Is it not making a mockery of the House that yet again we show ourselves utterly unable to consider and scrutinise legislation properly?
The First Deputy Chairman: Order. The hon. and learned Gentleman has made his point, and it will have been heard and noted. Equally, he will know that I am bound by the programme order of the House.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported (Standing Order No. 83D(6)).
Bill to be considered tomorrow.
Sunbeds (Regulation) Bill [ Money]
Queen's recommendation signified.
10.52 pm
The Minister of State, Department of Health (Gillian Merron): I beg to move,
That, for the purposes of any Act resulting from the Sunbeds (Regulation) Bill, it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.- ( Gillian Merron .)
The Sunbeds (Regulation) Bill was introduced by my hon. Friend the Member for Cardiff, North (Julie Morgan), and the Bill has received a Second Reading and is due to be considered in a Public Bill Committee tomorrow. The provisions in the Bill make new powers available to local authorities in England, and accordingly a money resolution is required in order that the Bill can be debated in Committee.
Mr. Christopher Chope (Christchurch) (Con): Will the Minister give way?
Gillian Merron: I would like to make some progress.
As I made clear on Second Reading, I believe that the Bill provides the first legislative opportunity to tackle an urgent problem. It is supported by evidence from a range of sources, including findings of the World Health Organisation, the Committee on the Medical Aspects of Radiation in the Environment, and surveys carried out by Cancer Research UK on behalf of the Department of Health. The evidence supports the view that informs this Bill: that sunbeds are a health risk, that use of sunbeds by under-18s is growing, that there is a clear link between sunbed use and skin cancer, and that voluntary regulation by the industry has not been enough to protect young people. The Bill addresses those problems directly, which is why the Government fully support it. The provision of funding for local enforcement is necessary if the aims of the Bill are to be achieved. That is why I commend the resolution to the House.
10.54 pm
Mark Simmonds (Boston and Skegness) (Con): We, on the Conservative Benches, are supportive of the Bill, and we supported its contents on Second Reading. There is clear clinical evidence to support the banning of under-18s from using sunbeds, and we wish to see the Bill progress. As the Minister rightly said, the Committee stage is tomorrow.
However, I have one query for the Minister about the money resolution. It is a query that I raised on Second Reading, but one that I did not get a response to. In the impact assessment, the annual cost of the implementation and enforcement of the Bill is estimated at £88,000-approximately £100,000-which is based on the questionable assumption that 5 per cent. of sunbed salons would continue to allow under-18s to use their sunbeds, and that that would be identified only through public complaint. Is the Minister confident that the detail in the impact assessment is correct? It does not appear to have been strongly or forensically analysed, and that figure could be a gross underestimate of the possible costs to local authorities. Will she therefore confirm that the total cost allowed under this money resolution is £88,000, as detailed in the impact assessment?
10.55 pm
Sandra Gidley (Romsey) (LD): We on the Liberal Democrat Benches support the motion, and I see no reason to detain the House any further.
10.56 pm
Mr. Christopher Chope (Christchurch) (Con): It will not have escaped the notice of hon. Members that the Minister has not put any figures whatever on her assessment of the costs of the provision. My hon. Friend the Member for Boston and Skegness (Mark Simmonds), speaking from the Front Bench, has rightly drawn attention to the figure of £88,000. It will not have escaped your notice, Mr. Deputy Speaker, that we are in an age of austerity. Surely we should be considering affordability. In my submission, therefore, it is incumbent on the Minister, before asking us to accept this money resolution, to give us an indication of the likely costs, because surely we cannot be in the business of providing the Government with blank cheques.
Mr. Andrew Pelling (Croydon, Central) (Ind): But will not the saving for the national health service, in terms of the health of the young people concerned, mean that the Bill will inevitably be an excellent investment, and that we should get on with agreeing to the motion?
Mr. Chope: The hon. Gentleman makes an assertion. What I am interested in is evidence. I look to the Minister to provide some evidence that the provision will be proportionate, and that it will not offend against the principle of affordability. I also want to ensure that she will take into account the information that came to me earlier this evening, which is that many users of sunbeds who are under 18 are employed in our armed forces. The impact on their morale could be substantial if they cannot continue to use sunbeds. I should be grateful if the Minister could address those points in responding to this brief debate.
10.57 pm
Gillian Merron: I am grateful for the support across the House. I should be happy to clarify this further, but just to make it clear, £88,000 is what we believe will be required to ensure proper enforcement of the ban for under-18s. That is based on information provided to us by the Local Authorities Co-ordinators of Regulatory Sevices. If we chose to exercise the regulation-making powers, we would of course conduct further impact assessments. I commend this motion to the House.
Business without Debate
delegated legislation
Mr. Deputy Speaker (Sir Alan Haselhurst): With the leave of the House, I shall put motions 7, 8, 9 and 10 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
That the draft Rail Vehicle Accessibility (London Underground Metropolitan Line S8 Vehicles) Exemption Order 2010, which was laid before this House on 12 January, be approved.
That the draft Regulation of Investigatory Powers (Communications Data) Order 2010, which was laid before this House on 5 January, be approved.
That the draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010, which was laid before this House on 5 January, be approved.
That the draft Employment Relations Act 1999 (Blacklists) Regulations 2010, which were laid before this House on 18 January, be approved. -( Mr. Mudie .)
European Union Documents
Motion made, and Question put forthwith (Standing Order No. 119(11)),
That this House takes note of European Union Document No. 17691/09, Commission Green Paper on obtaining evidence in criminal matters from one Member State to another and securing its admissibility; and supports the Government's objective of only supporting a new EU Mutual Legal Assistance instrument that will bring coherence and add real value to the operation of Mutual Legal Assistance amongst EU member states. -(Mr. Mudie.)
Petitions
Mr. Deputy Speaker (Sir Alan Haselhurst): I call Mr. Peter Bone to present a petition.
Mr. Peter Bone (Wellingborough) (Con): I am sorry that you have been misinformed, Mr. Deputy Speaker, but I presented my petition last night.
Mr. Deputy Speaker: Well I am very grateful that you are here to correct that impression now.
Gritting
10.59 pm
Tim Farron (Westmorland and Lonsdale) (LD): I should like to present a petition on behalf of the residents of the south lakes regarding gritting and the emergency response, or lack of it, to the recent extreme winter weather conditions.
The Petition of residents of the South Lakes and others,
Declares that better gritting is required in the South Lakes.
The Petitioners therefore request that the House of Commons urges the Government to put pressure on Cumbria County Council to develop an emergency plan to make sure that roads and pavements are cleared properly and people are not trapped in their homes during snowfall.
And the Petitioners remain, etc.
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