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Elections Bill - Sitting 11 (Morning)

26 October 2021

Proposing MP
The Wrekin
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses amendments to political finance rules and codes of practice related to election expenses. The statement addresses amendments to election spending rules and transparency measures in political parties' financial disclosures. Mark Pritchard discusses an amendment requiring the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigners under the Elections Bill. Mark Pritchard discusses amendments to Clause 24 of the Elections Bill to exempt charities and Community Interest Companies from certain notification and registration requirements. The MP discusses amendments aimed at exempting registered charities and community interest companies (CICs) from certain notification and registration requirements introduced by clause 24 of the Elections Bill. The MP discusses concerns about the impact of proposed changes in the Elections Bill on smaller organizations and community groups. The statement discusses concerns about the Elections Bill's impact on political participation by charities and organisations. The statement discusses concerns about the Elections Bill and its impact on third-party organizations' ability to campaign during elections. The statement addresses the Elections Bill's clause 24, which sets lower-tier expenditure limits for third party campaigners to increase transparency and prevent excessive influence in UK elections. The statement addresses the introduction of registration requirements for third-party campaigners spending below existing thresholds during regulated periods before an election. The statement discusses the limitations on regulated periods for UK parliamentary general elections proposed by amendment 74. Kemi Badenoch discusses the importance of spending limits in political finance framework and proposes extending joint campaigning rules to cover collaboration between political parties and third party campaigners. The statement opposes Part 4 of the Elections Bill, particularly Clause 25, which is seen as an attempt to silence trade unions. The statement addresses the creation of a new disqualification order to prevent individuals who intimidate candidates, elected office holders, or campaigners from participating in public life for five years. The statement addresses the provisions in clauses 27 to 30 of the Elections Bill aimed at protecting individuals from intimidation during elections and while holding office. The statement addresses the need to protect campaigners from intimidation and abuse through legal measures and discusses the technical details of a clause ensuring disqualification orders apply to the House of Commons. The statement discusses the enforcement and implementation of new disqualification orders in the Elections Bill.

Action Requested

The minister proposes clarifications and amendments to the Political Parties, Elections and Referendums Act 2000 and Representation of the People Act 1983 regarding notional expenditure reporting and code of practice procedures for candidate spending and political parties. These changes aim to provide clarity and consistency in the rules.

Key Facts

  • Clause 16 clarifies that candidates only need to report benefits they have used or authorised.
  • Amendments ensure consistent parliamentary scrutiny processes for different codes of practice.
  • The Political Parties, Elections and Referendums Act 2000 is amended so orders bringing political party codes into force are subject to no parliamentary procedure.
  • Section 75 of the Representation of the People Act 1983 is being amended.
  • Political parties must declare assets and liabilities upon registration, with details published if over £500.
  • Clause 20 prohibits entities from accessing multiple spending limits by registering as both a political party and a third-party campaigner.
  • Amendment 72 would require Government approval of the Electoral Commission before removing or varying categories of permitted campaigners.
  • Current provisions allow ministers to define who may legally campaign at elections, impacting charities, trade unions, and community groups.
  • The amendment seeks to protect civil society organizations from undue restrictions on their ability to engage in election campaigning.
  • Amendment 77 seeks to exempt registered charities and Community Interest Companies from certain notification and registration requirements under Clause 24 of the Elections Bill.
  • The amendment proposes that these organisations provide their charity or CIC registration number to the Electoral Commission, which would treat this as sufficient for electoral purposes under section 88 of PPERA.
  • Amendment 90 aims to further specify exemptions for charities registered with the Charity Commission and community interest companies registered under specific Acts.
  • Amendment 76 seeks to exempt registered charities and CICs from notification and registration requirements under clause 24.
  • Amendment 77 aims to allow charities/CICs already subject to transparency requirements to avoid additional compliance burdens from clause 24.
  • The NCVO is concerned about the provisions extending powers that could stifle democracy and free speech.
  • £16 million spent by the Conservative party in the last general election.
  • Labour’s amendment 76 seeks to reduce regulatory burdens for registered charities and community interest companies.
  • SEN Talk, a CIC focused on special educational needs advocacy, could face challenges under new regulations.
  • Bond and other third-sector organizations support the proposed exemptions.
  • The Elections Bill is seen as suppressing turnout and weakening election oversight.
  • Charities are worried about new reporting requirements and potential fines if they inadvertently cross the £10,000 threshold for political activities.
  • Amendment 96 tabled by the SNP aims to exempt registered charities from these stringent requirements.
  • Amendments 76 and 90 aim to exempt some charities and CICs from transparency requirements if they spend less than £10,000.
  • Amendment 77 would allow these groups to forgo the usual notification process and provide only charity or company numbers instead.
  • The Government maintains that all third party campaigners should be subject to the same rules where their activities aim to influence voters.
  • Clause 24 sets lower-tier expenditure limits for third party campaigners to increase transparency.
  • Third parties subject to lower-tier limits will have minimal registration requirements and no reporting or donations controls.
  • The clause aims to prevent the influence of American-style “super political action committee” pressure groups in UK elections.
  • Amendment 77 would undermine intended transparency by allowing only registration numbers with Charity Commission or Companies House.
  • Third parties spending over £10,000 but below existing per-country thresholds must register with the Electoral Commission.
  • Existing registration thresholds remain unchanged.
  • Registration requirements apply only to qualifying electoral expenditure.
  • Third party campaigners are subject to spending limits during regulated periods of up to 12 months before UK parliamentary elections.
  • Regulated periods can be longer where they overlap with devolved election timelines in Scotland, Wales, and Northern Ireland.
  • The amendment would limit the regulated period for UK parliamentary general elections to between the announcement of an election and the close of polls.
  • Spending limits are integral for ensuring fairness between parties and campaigners.
  • The proposal applies where groups work together on a campaign, making it easier to track involvement and adherence to rules.
  • Existing rules will be applied equally across all types of campaigners to ensure parity and support compliance.
  • The speaker contests that the Bill does not strike the right balance between transparency and freedom of speech.
  • Only four of the 57 member states of the Organisation for Security and Co-operation in Europe require third parties to register campaigning activity at election time.
  • The national Trade Union and Labour Party Liaison Organisation is extremely concerned about the provisions in Clause 25.
  • Clause 26 creates a new disqualification order for offenders who intimidate candidates, elected office holders or campaigners.
  • It imposes a five-year ban from standing for, holding, and being elected to public office on those convicted of such offenses.
  • The court will determine if the offense is aggravated by hostility related to politics before imposing the disqualification.
  • Clause 27 sets out the process by which an officeholder's position is vacated after receiving an intimidation disqualification order.
  • The disqualification period lasts for five years and applies to both ordinary citizens and public officials such as MPs.
  • Clause 28 defines candidates, future candidates, substitutes, and nominees who will be protected from intimidatory offences motivated by hostility towards certain groups.
  • Clause 30 and 31 address protections for campaigners and disqualification orders applicable to the House of Commons.
  • Consultation is unnecessary according to the Minister as parliamentary scrutiny will be in place.
  • Amendment 92 seeks to mandate consultation before amending Schedule 8.
  • The clause helps interpret 'disqualification order' and 'relevant elective office'.
  • Schedule 9 provides returning officers with power to invalidate nomination papers for disqualified candidates.
  • It allows military courts to impose the new disqualification order on service members.
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