§ Mr. Mike O'BrienI beg to move amendment No. 58, in page 62, leave out lines 1 to 7 and insert—
'(b) any of the following by whom a notification has been given under section 99 in relation to the referendum, namely—
- (i) any individual,
- (ii) any company falling within section 48(2)(b), and
- (iii) any unincorporated association of such a description as is mentioned in section 48(2)(f).'.
§ Mr. O'BrienAmendment No. 58 responds to concerns that were raised in Committee about the existing definition of a permitted participant. It was noted that the current definition in clause 98 did not appear to prevent foreign companies and associations from participating in a referendum campaign. It was argued that that seemed to be at odds with the proposed ban on foreign donations.
230 Concerns were also voiced about the broad nature of the regulation-making power in clause 98(1). The intended purpose of the power had been to enable the Secretary of State to restrict the ability of foreign companies and unincorporated associations to campaign in referendums to which part VII applies. We accept, however, that as drafted, the regulation-making power is very widely drawn, and it would be preferable to set out in the Bill the restrictions that we have in mind.
The effect of the amendment is that a permitted participant in a referendum campaign must be either an individual, a European Union-incorporated company that is carrying on business in the United Kingdom, or an unincorporated association that carries on its business or activities wholly or mainly in the United Kingdom and has its main office here. Such unincorporated associations may include trade unions.
The amended definition does not prevent an individual who is not a United Kingdom-registered voter from being a permitted participant. It is the Government's view that to restrict the ability of individuals, whether or not they are entitled to vote, to express and promote their own opinions, as opposed to financially supporting a campaign would be an undue restriction on their freedom of speech.
The purpose of amendments Nos. 59 to 63 is to ensure that the register of permitted participants, which is maintained by the Electoral Commission for the duration of a referendum campaign, is kept up to date. Under clause 96, a referendum period can last for up to six months. It is quite conceivable that in that time a permitted participant may move offices or appoint a new "responsible person". Clearly, where that happens, there should be a duty on the permitted participant to notify the Electoral Commission of any relevant changes. Amendment No. 59 is directed to that end. On receipt of a notification of a change to a permitted participant's registration details, amendment No. 62 requires the Electoral Commission merely to update the register of permitted participants. The other three amendments make consequential drafting changes to clause 100.
Again, I hope that this is an indication that throughout the Committee stage of the Bill, we have listened carefully to the arguments and are prepared to move when we are convinced that they have relevance.
§ Mr. WalterI am grateful to the Government for responding to some of the points that we made in Committee on this issue, and for tightening up the provisions that relate to companies and unincorporated associations. Of course, as the Minister pointed out, it is still possible for a company registered in this country but incorporated elsewhere in the European Union to be a permitted participant in a referendum campaign.
The amendments do nothing to remove the provision for a permitted participant to be a foreign national, to visit this country—as I mentioned when we were discussing third parties—and to spend £500,000 on furthering his political views in a referendum campaign. If a group of individuals did that, they could have a significant impact on the referendum campaign. We are still very unhappy with the way in which the clause is drafted, as we are with the way in which the clause on third parties is drafted.
§ Amendment agreed to.