Political Parties and Elections Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 11th June 2009, as follows—
Clause 16
Schedule 4
Clauses 17 to 34 | Schedules 5 and 6
Clauses 35 to 39 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD HODGSON OF ASTLEY ABBOTTS |
| 38 | Insert the following new Clause— |
| | "£50,000 cap on donations |
| (1) | In section 54 of the 2000 Act (permissible donors), after subsection (1) there is inserted— |
| "(1A) | A donation received by a registered party from a permissible donor must not be accepted by the party in so far as the amount of that donation and of any other donations accepted by the party from that donor during the same calendar year exceeds £50,000. |
| (1B) | Subsection (1A) does not apply to donations to which subsections (1) and (2) of section 55 apply, or to monies received from public funds." |
| (2) | In section 56 of the 2000 Act (acceptance or return of donations: general), after subsection (2) there is inserted— |
| "(2A) | If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1A), subsection (2) applies to that donation only in so far as the amount of that donation and of any other donations accepted by the party from that donor during the same calendar year exceeds £50,000." |
| (3) | In section 58(1)(a) of the 2000 Act (forfeiture of donations made by impermissible or unidentifiable donors) after "(b)" there is inserted "or (1A)"." |
| 39 | Insert the following new Clause— |
| | "Treatment of contributions from trade union political funds |
| (1) | The limit on donations established by section (£50,000 cap on donations) shall apply to all expenditure out of trade union political funds unless all the conditions of this section have been fulfilled with regard to the expenditure in question. |
| (a) | the expenditure consists entirely of money contributed directly to the funds of a political party; |
| (b) | the expenditure consists entirely of an amount paid to a political party on the basis of multiplying the number of members who are contributors to the union's political fund, or a proportion of those members (not exceeding 100 per cent of any single party or any combination of parties) by a certain sum; |
| (c) | the sum referred to in subsection (2)(b) is less than the limit set by section (£50,000 cap on donations); |
| (d) | the consent has been obtained either of all the members who are contributors to the fund, or, where the basis of the calculation of the sum is expended is a proportion of those members, of at least the relevant proportion of the members, for the expenditure concerned. |
| (3) | A member of a union who contributes to the political fund shall be deemed to have consented for the purposes of subsection (2) if all the following conditions have been satisfied— |
| (a) | the member was afforded during the 12 months preceding the relevant expenditure a reasonable opportunity to be exempted from contributing to the political fund of the union; |
| (b) | the union has, during the 12 months preceding the relevant expenditure, made reasonable efforts to acquaint all members who contribute to the political fund with— |
| (i) | the nature of a political fund; |
| (ii) | the expenditure made by the union out of the political fund in the previous five years, including the identity of any political parties to which payments have been made out of the political fund; |
| (iii) | the right of members to be exempt from paying contributions to the fund; and |
| (iv) | the nature of any expenditure out of the fund that the union intends or reasonably expects to make in the following 12 months. |
| (4) | The Electoral Commission may issue guidelines and model communications about— |
| (a) | the requirement mentioned in subsection (3)(a); and |
| (b) | the conditions mentioned in subsection (3)(b). |
| (5) | Compliance with guidelines or use of model communications issued under this subsection shall be deemed to be compliant with the relevant aspects of this section. |
| (6) | No more than one payment under subsection (1) may be made in one calendar year, but the payment may be calculated on an annual basis and paid in instalments." |
| 40 | Page 66, line 20, leave out "donations" and insert "contributions" |
| 41 | Page 66, line 21, leave out "donations" and insert "political contributions" |
| 42 | Page 66, line 24, leave out "donation" and insert "contribution" |
| 43 | Page 66, line 25, leave out "donations" and insert "contributions" |
| 44 | Page 66, line 27, leave out "donation" and insert "contribution" |
| 45 | Page 66, line 28, leave out "donations" and insert "contributions" |
| 46 | Page 66, line 31, leave out "donation" and insert "contribution" |
| 47 | Page 66, leave out lines 32 to 36 and insert— |
| "(2) | An unincorporated association makes a "political contribution" in any of the following cases— |
| (a) | it makes a donation (within the meaning of Part 4) to a registered party; |
| (b) | it makes a loan of money to a registered party, or discharges (to any extent) a liability of a registered party, in pursuance of a regulated transaction (within the meaning of Part 4A); |
| (c) | it makes a donation (within the meaning of Schedule 7) to a regulated donee; |
| (d) | it makes a loan of money to a regulated donee, or discharges (to any extent) a liability of a regulated donee, in pursuance of a controlled transaction (within the meaning of Schedule 7A); |
| (e) | it makes a donation (within the meaning of Schedule 11) to a recognised third party; |
| (f) | it makes a donation (within the meaning of Schedule 15) to a permitted participant." |
| 48 | Page 67, line 1, leave out "donation" and insert "contribution" |
| 49 | Page 67, line 2, leave out "donation" and insert "contribution" |
| 50 | Page 67, leave out lines 4 to 12 |
| 51 | Page 67, line 29, at end insert— |
| "(e) | the value of a contribution within sub-paragraph (2)(b) or (d) is the amount of money lent or liability discharged." |
| 52 | Page 67, line 30, after "donation" insert ", or a sum of money lent," |
| 53 | Page 67, line 30, leave out "it" and insert "the donation or loan" |
| 54 | Page 67, line 34, leave out "donation" and insert "political contribution" |
| 55 | Page 67, line 38, leave out first "donation" and insert "contribution" |
| 56 | Page 67, line 38, leave out second "donation" and insert "contribution" |
| 57 | Page 67, line 42, leave out "donation" and insert "contribution" |
| 58 | Page 68, line 2, leave out "donation" and insert "contribution" |
| 59 | Page 68, line 4, leave out "donation" and insert "contribution" |
| 60 | Page 68, line 9, leave out "donation" and insert "contribution" |
| 61 | Page 68, line 13, leave out "donation" and insert "contribution" |
| 62 | Page 68, line 19, leave out "donation" and insert "contribution" |
| 63 | Page 72, line 10, at end insert— |
| "( ) | lends money to another otherwise than on commercial terms;" |
| 64 | Insert the following new Schedule— |
| | 1 To obtain tax relief under section (Tax relief on donations), the conditions set out in paragraph 2 must be satisfied. |
| | 2 (1) The individual who made the donation is a permissible donor. |
| (2) | The registered political party to which the donation is made is a party which, at the last general election preceding the donation, had at least two members elected to the House of Commons. |
| (3) | Conditions A to F in section 416 of the Income Tax Act 2007 (c. 3) (meaning of "qualifying donation") would have been met if the donations had been made to a charity. |
| (4) | The donor has given a declaration in the manner specified by regulations made by the Commissioners for Her Majesty's Revenue and Customs and containing any information and any statements required by regulations. |
| | 3 Regulations made under paragraph 2(4) may provide for declarations— |
| (b) | to cease to have effect; |
| (c) | to be treated as never having had effect, |
| | in any circumstances and for any purposes specified by the regulations. |
| | 4 Regulations made under paragraph 2(4) are subject to annulment pursuant to a resolution of the House of Commons. |
| 24 |
5 | Tax relief in relation to donations given by an individual in any fiscal year may be given only on whichever is the lesser of— |
| (a) | the amount of donations given by the individual in that year to which section (Tax relief on donations) applies; |
| | 6 Tax relief shall not be given on higher rate income tax. |
| | 7 The amount of tax relief (subject to paragraphs 5 and 6) shall be computed and allocated to the political party to which the donation was given as if that party was a charity to which Chapter 2 of Part 8 of the Income Tax Act 2007 applies." |
| | [As an amendment to Amendment 64] |
| 65 | Line 24, leave out from "individual" to end of line 28 and insert "must not exceed— |
| (a) | £15 in the tax year 2010-2011; |
| (b) | an amount to be set by regulations made by the Secretary of State in subsequent fiscal years." |
| 66 | Insert the following new Clause— |
| | Tax relief shall be given, subject to Schedule (Tax relief on donations), to individuals who make donations to a registered political party." |
| 67 | Insert the following new Clause— |
| | In the Representation of the People Act 1983 (c. 2), after section 75A there is inserted— |
| "75B | National spending limit |
| (1) | A registered political party may spend in total, including expenditure by its national, regional, local or other organs, no more than £100 million on qualifying expenditure in the period of 61 months following a general election. |
| (2) | If more than one general election occurs within 61 months following the previous general election, the Secretary of State may by order increase the sums referred to in subsection (1) by any appropriate amount. |
| (3) | Before making an order under subsection (2), the Secretary of State shall consult the Electoral Commission. |
| (4) | An order under subsection (2) must be laid before, and approved by a resolution of, both Houses of Parliament."" |
| 68 | Insert the following new Clause— |
| | "National spending limits: special treatment for smaller parties |
| | In the Representation of the People Act 1983 (c. 2), after section 75A there is inserted— |
| "75B | National spending limits: special treatment for smaller parties |
| | Notwithstanding section (National spending limit), a registered political party that contested fewer than 100 seats at the previous general election may spend in total on qualifying expenditure, including expenditure by its national, regional, local or other organs, no more than the sum of— |
| (a) | £152,250 multiplied by the number of seats it contested at the previous general election, and |
| (b) | £2,500 for each additional seat it contests in the following general election multiplied by the number of months between the previous general election and the following general election."" |
| 69 | Insert the following new Clause— |
| | In the Representation of the People Act 1983 (c. 2), after section 75A there is inserted— |
| "75B | 3>Local spending limit |
| (1) | No candidate may spend more than £300,000 in qualifying expenditure in any individual parliamentary constituency in the 61 months following a general election. |
| (2) | If a by-election is held in a constituency, the limit mentioned in subsection (1) shall be increased for that constituency by the relevant limit on election expenses for by-elections in force at the time of the by-election. |
| (3) | In this section "qualifying expenditure" has the same meaning as in Schedule 4A, as amended by section (Election expenses) of the Political Parties and Elections Act 2009. |
| (4) | Where constituency boundaries are proposed to change at the end of a Parliament, the Secretary of State must— |
| (a) | seek guidance from the Boundary Commission (for the part of the United Kingdom concerned) as to— |
| (i) | the number of electors and households leaving each affected constituency as the result of boundary changes; |
| (ii) | the number of electors and households entering each affected constituency as the result of boundary changes; |
| (b) | by order apportion expenditure between constituencies in a manner commensurate with the numbers arrived at in guidance under paragraph (a), and from the time that Parliament approves the change. |
| (5) | An order under subsection (4) is subject to annulment by either House of Parliament. |
| (6) | Section 76 applies from the dissolution of Parliament until the day of the general election."" |
| 70 | Insert the following new Clause— |
| | "Spending limits: transitional arrangements |
| (1) | In the Representation of the People Act 1983 (c. 2) ("the 1983 Act"), after section 75A there is inserted— |
| "75B | Spending limits: transitional arrangements |
| | Schedule (Spending limits: transitional arrangements) (which makes provision about transitional arrangements for spending limits) has effect." |
| (2) | After Schedule 2A to the 1983 Act (control of donations to candidates) there is inserted— |
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