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Amendments to the Electoral Fraud (Northern Ireland) Bill

Electoral Fraud (Northern Ireland) Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

1*Page 1, line 10, after "completed;" insert—
2*Page 1, line 16, after "satisfied" insert "by evidence"
3*Page 2, line 5, after "relates;" insert—
4*Page 2, line 12, after "satisfied" insert "by evidence"
5*Page 2, line 29, after "relates;" insert—
6*Page 2, line 35, after "satisfied" insert "by evidence"
 

After Clause 2

 

THE LORD GLENTORAN
THE LORD MOLYNEAUX OF KILLEAD
THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

7Insert the following new Clause—
  "Registration: notification of multiple registrations
(1)  In section 10 of the Representation of the People Act 1983 (c. 2) (maintenance of registers: annual canvass) there is inserted—
(2)  In section 10A (maintenance of registers: registration of electors) and section 13A (alteration of registers) of the 1983 Act at the end there is inserted—
(3)  Any person knowingly giving false information in response to any requirement of this section is guilty of an offence with liability on summary conviction to—
(a)  imprisonment for a term not exceeding six months; or
(b)  a fine not exceeding level 5 on the standard scale, or both."
 

Clause 3

 

THE LORD GLENTORAN
THE LORD MOLYNEAUX OF KILLEAD
THE LORD SMITH OF CLIFTON
THE LORD MAGINNIS OF DRUMGLASS

8Page 3, line 32, after "application" insert "is made on a form supplied by the Chief Electoral Office for Northern Ireland containing such marking or coding as he may determine and"
9Page 3, line 43, at end insert—
"(   )  In section 6 (absent vote at elections for an indefinite period) and in section 7 (absent vote at a particular election), at the end of paragraph (1)(c) there is inserted—
  ", which shall include the date of birth and the national insurance number of the applicants, if applicable"."
10Page 3, line 47, after "application" insert "is made on a form supplied by the Chief Electoral Office for Northern Ireland containing such marking or coding as he may determine and"
 

Clause 4

 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

11*Page 5, line 12, at end insert—
"(4A)  The information contained in subsection (4)(a) to (d) above shall also be stored electronically on a computer chip incorporated into the electoral identity card provided for by this section."
 

After Clause 4

 

THE LORD GLENTORAN
THE LORD MOLYNEAUX OF KILLEAD
THE LORD SMITH OF CLIFTON
THE LORD MAGINNIS OF DRUMGLASS

12Insert the following new Clause—
  "Voters: specified documents
(1)  From 1st May 2003, paragraph (1E) of rule 37 of the parliamentary election rules applicable to election in Northern Ireland, imported into Schedule 1 of the Representation of the People Act 1983 (c. 2) by section 1(2) of the Elections (Northern Ireland) Act 1985 (c. 2), is amended in accordance with subsection (2).
(2)  For sub-paragraphs (a) to (e) there is substituted—
"(a)  the plastic photographic card which is, or forms the counterpart of, a current licence to drive a motor vehicle;
(b)  a current passport issued by the Government of the United Kingdom or by the Republic of Ireland;
(c)  a senior citizen's concessionary fare pass issued by the Northern Ireland Department of Regional Government;
(d)  a current electoral identity card issued under section 13C of this Act.""
 

Clause 6

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

13*Page 6, line 8, at end insert—
"(   )  If a person is required to supply a signature by virtue of subsection (1)(a) to (c) above, and the Chief Electoral Officer for Northern Ireland dispenses with the requirement of a signature under—
(a)  section 10(4B) above;
(b)  section 10A(2A) above; or
(c)  section 13A(2B) above,
  and it is found that it was reasonably practicable for that person to sign in a consistent and distinctive way, that person is guilty of an offence."
 

After Clause 6

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

14*Insert the following new Clause—
  "Investigation by returning officer
  In section 23 of the 1983 Act, after subsection (2) insert—
    "(2A)  Subject to subsection (2B), a returning officer shall investigate the conduct of a particular election for which he is the returning officer upon—
    (a)  receipt of a complaint that the election should be invalid;
    (b)  being notified of the presentation of a parliamentary election petition; or
    (c)  being notified of the presentation of a local election petition;
      and make any information obtained in the course of such an investigation available to the parties to legal proceedings under Part III of this Act.
    (2B)  Subsection (2A) shall apply only to complaints or petitions which allege an irregularity in the registration of electors or the misuse of electoral identity cards in that election.""
15*Insert the following new Clause—
  "Petitioning period
(1)  In section 122 of the 1983 Act—
(a)  after subsection (2) insert—
"(2A)  If the petition questions the election or return upon an allegation of irregularity in the registration of electors or the misuse of electoral identity cards in that election, it may be presented within 28 days after the return has been made to the Clerk of the Crown for Northern Ireland."
(b)  after subsection (5) insert—
"(5A)  An election petition presented within the time limited by subsection (2A) may, for the purpose of questioning the election or return upon an allegation of an illegal practice, be amended with the leave of the High Court up to a further 28 days after the time within which a petition questioning the election upon the allegation of that illegal practice could be presented under subsection (3)."
(2)  In section 129 of the 1983 Act—
(a)  after subsection (2) insert—
"(2A)  If the petition questions the election or return upon an allegation of irregularity in the registration of electors or the misuse of electoral identity cards in that election, it may be presented within 28 days after the return has been made to the Clerk of the Crown for Northern Ireland."
(b)  after subsection (6) insert—
"(6A)  An election petition presented within the time limited by subsection (2A) may, for the purpose of complaining of the election upon an allegation of an illegal practice, be amended with the leave of the High Court up to a further 28 days after the time within which a petition complaining of the election on the ground of that illegal practice could, under this section, be presented.""
 

Clause 7

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

16*Page 6, line 32, leave out from "appoint" to end of line 34
 

Title

 

THE LORD GLENTORAN
THE LORD MOLYNEAUX OF KILLEAD
THE LORD SMITH OF CLIFTON
THE LORD MAGINNIS OF DRUMGLASS

17Line 2, after "signatures" insert ", national insurance numbers"

 
 
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©Parliamentary copyright 2002
1 February 2002