TWENTY-NINTH REPORT
30 July 1998
By the Select Committee appointed to report
whether the provisions of any bill inappropriately delegate legislative
power, or whether they subject the exercise of legislative power
to an inappropriate degree of parliamentary scrutiny; to report
on documents laid before Parliament under section 3(3) of the
Deregulation and Contracting Out Act 1994 and on draft orders
laid under section 1(4) of that Act; and to perform, in respect
of such documents and orders, the functions performed in respect
of other instruments by the Joint Committee on Statutory Instruments.
ORDERED TO
REPORT—
REGISTRATION OF POLITICAL PARTIES BILL
INTRODUCTION
1. This Bill makes provision for about the
registration of political parties, including the creation of a
register of political parties and provision for a registrar to
maintain it (Clause 1).
2. The Home Office memorandum explains the
need for the powers in the Bill to make subordinate legislation,
and argues that the Bill is right in making the powers subject
to negative procedure (except for the commencement power in clause
25 which is, as usual, not subject to Parliamentary control).
POWERS SUBJECT
TO NEGATIVE
PROCEDURE
3. There are powers to prescribe fees and
procedures in clauses 6(7), 7(3)(c), and 11 and in paragraphs
1(b) and 7 of Schedule 1. The Committee considers that the negative
procedure provided by the Bill is clearly appropriate for these
powers.
4. Clause 3 requires the registrar to grant
an application for inclusion in the register unless the proposed
registered name would be likely to result in the party being confused
by voters with a party which is already registered or contravenes
other specified conditions. Although clause 16(1) provides that
the registrar shall not make any entry during an initial six week
period, and clause 16(4)(b) limits first stage applications to
those made by a party to which at least one Member of the House
of Commons belongs at the time when the application is made, there
is clearly a risk that the name of one of the well-established
political parties might be registered by a small group which is
not well-established. The onus will be on the established political
parties to ensure that they register their names promptly.
5. There is one power which the Committee
wishes to draw to the attention of the House. That is in clause
3(1)(f) under which the Secretary of State can prohibit the use
of any word or expression in the registered name of a political
party. The memorandum states that it is proposed to exercise this
power to prohibit the use of words such as "Royal" in
the registered names of political parties and to prohibit the
use of "Independent" by itself. There is no requirement
to register and no prohibition on the use of an unregistered party
description. However the unauthorised use of a description which
could be confused for a registered name will not be allowed by
the returning officer.
6. The Committee accepts that there is a
need for the discretion inherent in clause 3(1)(f) (as expanded
by clause 3(2)). In some cases there would be little or no controversy
about the choice of party descriptions, and clause 3(1)(c) of
the Bill precludes the registration of a name which is obscene
or offensive. Nevertheless there could be considerable controversy
over whether to allow the use of certain words in party descriptions.
The Committee does not have a firm view as to the precise degree
of parliamentary control which should be provided for this new
and significant power, but highlights the issue as one which the
House may wish to consider in debate.
RECOMMENDATION
7. The Committee invites the House to
consider the degree of parliamentary control which should be provided
for the power in clause 3(1)(f). There is nothing else in the
Bill which the Committee wishes to draw to the attention of the
House.
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