European Union Referendum Bill — House of Commons, 2015-06-16
Topic: Government Operations
John David Penrose (Conservative, Centre-right): I understand my hon. Friend’s concerns. At the risk of quoting one of the Opposition Members, I notice that none of us was that concerned when there was a difference in the force of arms at the recent general election on a party political basis, but I appreciate my hon. Friend’s concerns. I do not think that the amounts of money raised on each side will be as unequal as he fears, but I may be underestimating either the yes or the no campaign Finally, my hon. Friend the Member for Harwich and North Essex tabled a number of amendments that would remove bodies incorporated by royal charter and charitable incorporated associations from the list of those eligible. He specifically asked me to give him this reassurance, and I am very happy to do so: nothing in this Bill will change anything to do with charity law. Charities are already subject to some very severe and thorough crimps on what they can do when it comes to political campaigning. There are only a very small number of occasions when they are allowed to get involved, and even then, they are very closely scrutinised by the Charity Commission. That will continue: nothing in the Bill will alter any of that Question put and agreed to. Clause 3 accordingly ordered to stand part of the Bill. Schedule 1 Campaigning and financial controls Amendments made: 14, page 12, line 4, at end insert— "( ) Paragraph 1(2) of that Schedule (limit on expenses incurred by permitted participants during referendum period) has effect for the purposes of the referendum as if— (a) in paragraph (a) (designated organisations) for ‘£5 million’ there were substituted ‘£7 million’, (b) in paragraph (b) (registered parties that are not designated organisations)— (i) in sub-paragraph (i) for ‘£5 million’ there were substituted ‘£7 million’, (ii) in sub-paragraph (ii) for ‘£4 million’ there were substituted ‘£5.5 million’, (iii) in sub-paragraph (iii) for ‘£3 million’ there were substituted ‘£4 million’, (iv) in sub-paragraph (iv) for ‘£2 million’ there were substituted ‘£3 million’, and (v) in sub-paragraph (v) for ‘£500,000’ there were substituted ‘£700,000’, and (c) in paragraph (c) (certain other persons and bodies) for ‘£500,000’ there were substituted ‘£700,000’." This amendment modifies, for the purposes of the European Union referendum only, the spending limits for permitted participants in paragraph 1(2) of Schedule 14 to the Political Parties, Elections and Referendums Act 2000 to take account of inflation. Amendment 15, page 14, line 38, at end insert— "Declaration where no referendum expenses incurred in referendum period 21A For the purposes of the referendum, the following section is to be treated as inserted after section 124 of the 2000 Act— ‘124A Declaration where no expenses in referendum period (1) Subsection (2) applies where, in relation to a referendum to which this Part applies— (a) a permitted participant incurs no referendum expenses during the referendum period (and no such expenses are incurred on behalf of that participant during that period), and (b) accordingly, the responsible person in relation to the permitted participant is not required to make a return under section 120 or a declaration under section 120A (2) The responsible person must, within 3 months beginning with the end of the referendum period— (a) make a declaration under this section, and (b) deliver that declaration to the Commission (3) A declaration under this section is a declaration that no referendum expenses were incurred by or on behalf of the permitted participant during the referendum period (4) The responsible person commits an offence if, without reasonable excuse, that person fails to comply with the requirements of subsection (2) (5) If a person who is the responsible person in relation to a permitted participant knowingly or recklessly makes a false declaration in purported compliance with the requirement in subsection (2)(a), that person commits an offence (6) A person guilty of an offence under subsection (4) is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Gibraltar, to a fine not exceeding level 5 on the Gibraltar standard scale (7) A person guilty of an offence under subsection (5) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both; (b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine, or to both; (c) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (d) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; (e) on summary conviction in Gibraltar, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the Gibraltar standard scale, or to both (8) The reference in subsection (7)(b) to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (9) In this section "the Gibraltar standard scale" means the standard scale set out in Part A of Schedule 9 to the Criminal Procedure and Evidence Act (10) Schedule 19C (civil sanctions), and any order under Part 5 of that Schedule, have effect as if the offence under subsection (4) of this section were an offence prescribed in an order under that Part.’"—(John Penrose.) This amendment requires permitted participants who do not incur referendum expenses to submit a declaration of that fact to the Electoral Commission within three months of the end of the referendum period. Amendment proposed: 11, page 17, line 37, leave out paragraph 25 and insert— "25 (1) Section 125 of the 2000 Act (restriction of publication etc of promotional material by central and local government etc) applies in relation to the referendum during the referendum period with the following modification (2) Section 125(2)(a) of the 2000 Act has effect for the purposes of the referendum as if, after ‘Crown’, there were inserted ‘including ministers in the Scottish Government, the Welsh Government, the Northern Ireland Executive and Her Majesty‘s Government of Gibraltar’."—(Sir William Cash.) The purpose of the amendment is to apply the "purdah" arrangements that govern ministerial and official announcements, visits and publicity during general elections to the campaign period before the referendum. Question put, That the amendment be made.