Fixed-term Parliaments Bill - Political and Constitutional Reform Committee Contents


Written evidence submitted by Professor Justin Fisher (FTPB 06)

FIXED TERM PARLIAMENTS AND CANDIDATE ELECTION SPENDING

  The government's proposals to introduce fixed-term Parliaments will, if enacted, reveal an anomaly in the Political Parties and Elections Act 2009. Section 21 of the Act legislates for candidate election expenses in the event of a Parliament exceeding 55 months. It introduces two regulated campaign periods: one for the period from the 55th month until dissolution (the long campaign) and one from dissolution until polling day (the short campaign). The distinction between long and short campaigns is necessitated only by the variable date of an election and introduces variable candidate election expenditure limits depending upon the election date relative to the 55th month.

  The introduction of fixed term parliaments will render both the variability in candidate election expenses and the distinction between long and short campaigns redundant. Thus, it is assumed that the Political Parties and Elections Act will require amendment accordingly. In the event of a "snap election" it is assumed that as is currently the position, the regulated period would exist from dissolution to polling day as stipulated in the Political Parties, Elections and Referendums Act.

  Notwithstanding, given that the Act did recognize the need to regulate candidate election expenses beyond the period from dissolution to polling day, and in 2010 instituted January 1st as the start point of regulated campaign expenditure, it would seem sensible to introduce a fixed start point in respect of regulated spending of four months prior to polling day, or for administrative convenience, the first day of the year in which an election is due (assuming the election takes place in the first week in May). This would effectively replicate the provision in the 2009 Act, but remove the redundant components of variable election dates and separate regulated periods.

3 August 2010
































































































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