HL Deb 24 October 2000 vol 618 cc256-65

93.—(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.

(2) The code for the time being adopted by a broadcasting authority under this section shall be either—

  1. (a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
  2. (b) a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted ray them should be replaced by a further code falling within paragraph (a) or (b).

(3) Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.

(4) The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.

(5) For the purposes of subsection (1) "the election period", in relation to an election, means the period beginning—

  1. (a) (if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty's intention to dissolve Parliament is announced,
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  2. (b) (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or
  3. (c) (if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.

(6) In this section—

The noble Lord said: These amendments reform the out-moded restrictions on broadcasting during an election, contained in Section 93 of the Representation of the People Act 1983. The noble Baroness, Lady Fookes, spoke eloquently on this matter at Second Reading. I trust that the Government's proposals will be to her liking.

As Section 93 stands, a single candidate can effectively block coverage of local issues by agreeing not to be in a broadcast during an election period. Amendment No. 280D will replace the existing restrictions with a requirement on the broadcasting authorities to draw up a cost of practice with respect to the participation of candidates in terms of dealing with a constituency or election in question.

There would be a requirement on the broadcasting authorities to have regard to the views of the electoral commission when drawing up or reviewing their code of practice. The replacement Section 93 is, as I understand it, supported by the broadcasting authorities and by a number of opposition parties.

I think our consultation is complete on this. I am not entirely sure that that is the case. But I believe that this series of government amendments currently attracts broad support. Of course we shall continue to ensure that there is active consultation and that we have it right. I do not wish to say anything more about the detail of the amendments. They speak for themselves. I beg to move.

Lord Mackay of Ardbrecknish

I had rather hoped that my noble friend Lady Fookes would have dealt with this amendment. I understand that we are content with it and are grateful to the Government for bringing it forward.

[Amendments Nos. 280E and 280EA not moved.]

Clause 135 [General function of Commission with respect to monitoring compliance with controls imposed by the Act etc.]:

Lord Bassam of Brighton moved Amendment No. 280F: Page 87, leave out lines 10 to 12 and insert— ("(b) the restrictions and other requirements imposed by other enactments in relation to—

  1. (i) election expenses incurred by or on behalf of candidates at elections, or
  2. (ii) donations to such candidates or their election agents.").

The noble Lord said: These are government amendments which relate to the general enforcement powers of the electoral commission. They establish the enforcement machinery set out in Clauses 135 to 138 of the Bill. Without these amendments, the legislation will not work. They are there to give it teeth. I hope these amendments will find favour with the Committee. Perhaps the best way to proceed is for me to answer particular points where Members of the Committee are uncertain of the effect of the amendments.

Lord Bach moved Amendments Nos. 281 and 281A: Page 87, line 14, at end insert ("unless and to the extent that the Scottish Ministers by order so provide. (3) For the purposes of subsection (2), the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament. (4) Section 146(5) shall apply to an order made by the Scottish Ministers under subsection (2) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament. (5) The power of the Scottish Ministers to make an order under subsection (2) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament. (6) The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any function conferred by virtue of an order made under subsection (2)."). Page 87, line 14, at end insert— ("() In this section and sections 136 and 138—

Clause 135, as amended, agreed to.

Clause 136 [Supervisory powers of Commission]:

9 p.m.

Lord Bach moved Amendments Nos. 281B and 281C: Page 88, line 34, leave out from ("to") to ("as") in line 35 and insert ("the income and expenditure of candidates within paragraph (b) of that subsection and their election agents"). Page 88, line 37, leave out from ("with") to end of line 39 and insert ("restrictions and other requirements falling within section 135(1)(b)").

Clause 136, as amended, agreed to.

Clause 137 [Civil power for failure to deliver documents etc.]:

[Amendment No. 281D not moved.]

Lord Bach moved Amendments Nos. 282 to 285: Page 89, line 9, at end insert— ("(za) the requirements of section (Notification of changes in party's officers etc.)(4) or (Registration of minor parties)(3) are not complied with in relation to any notification required to be given by the treasurer or (as the case may be) registered leader of a registered party;"). Page 89, leave out lines 17 and 18 and insert ("any notification required to be given by the treasurer of a registered party;"). Page 89, leave out lines 34 to 38 and insert— ("(a) the end of the period within which—

  1. (i) the notification mentioned in subsection (1)(za) or (c) was required to be given to the Commission, or
  2. (ii) the document mentioned in subsection (1)(a), (b), (d), (e) or (f) was required to be delivered to them,").
Page 90, line 7, leave out from ("subsection") to ("a") in line 9 and insert ("(3)(a)").

The noble Lord said: These amendments have already been spoken to. I beg to move.

[Amendment No. 286 had been withdrawn from the Marshalled List.]

Lord Bach moved Amendments Nos. 286A and 287: Page 90, line 21, leave out ("(3)(a)(i) shall be read as referring to") and insert ("(3)(a) shall be read as referring to the end of"). Page 90, line 32, leave out ("(1)(a)") and insert ("(1)(za) or (a)").

The noble Lord said: These amendments have already been spoken to. I beg to move.

Clause 137, as amended, agreed to.

Clause 138 [General offences]:

Lord Bach moved Amendments Nos. 287A to 287L: Page 90, line 43, after ("individual") insert ("which is or is liable to be required to be produced for inspection under section 136(1), and does so"). Page 91, line 15, at end insert— ("() In subsections (1) to (3) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual."). Page 91, line 15, at end insert— ("() Subsections (1) and (3) shall apply in relation to a person who is (or has been)—

  1. (a) a candidate at an election (other than a local government election in Scotland), or
  2. (b) the election agent for such a candidate,
as they apply in relation to a supervised individual (or a former supervised individual), except that in their application in relation to any such person any reference to any of the provisions of this Act includes a reference to any other enactment imposing any restriction or other requirement falling within section 135(1)(b)."). Page 91, line 17, after ("is") insert ("a regulated donee,"). Page 91, leave out line 21 and insert ("or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units;"). Page 91, line 21, at end insert— ("() a regulated donee which is a members association,"). Page 91, line 24, at end insert ("a person who is (or has been)"). Page 91, line 25, after ("party") insert ("(other than a minor party)"). Page 91, line 25, leave out from ("or") to end of line 26 and insert ("the central organisation of such a party, the treasurer of the party, () in relation to any accounting unit of such a party, the registered treasurer of the unit,"). Page 91, line 26, at end insert— ("() in relation to a regulated donee which is a members association, the responsible person for the purposes of Schedule 6,"). Page 91, line 30, at end insert— ("() "regulated donee" and "members association" have the same meaning as in Schedule 6;").

The noble Lord said: These amendments have already been spoken to. I beg to move.

Clause 138, as amended, agreed to.

Clause 139 [Inspection of Commission's registers etc.]:

Lord Bach moved Amendment No. 288: Page 91, line 36, leave out ("21") and insert "(The new registers)").

Lord Bach moved Amendment No. 288A: Page 92, line 14, at end insert— ("() Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy—

  1. (a) made available for public inspection under subsection (2), or
  2. (b) supplied under subsection (4),
must be made available, or (as the case may be) supplied, in a legible form.").

The noble Lord said: Perhaps I may tell the Committee that I am speaking also to Amendment No. 318A. These are two technical amendments to Clauses 139 and 150. Amendment No. 288A simply ensures that, where the electoral commission holds its various registers—for example, the registers of political parties—in electronic form, they must be made available to the public in a legible format. The Committee may think that that is rather a statement of the obvious but we place a similar requirement on political parties and other regulated organisations. Amendment No. 318A adds the definition of a local government election. The definition as it stands essentially covers the election of councillors. As such, it does not take into account directly elected mayors whose election is provided for in Part II of the Local Government Act 2000. The amendment plugs the gap. The principal effect of the amendment will be to apply the restrictions on the use of candidates' descriptions contained in Clause 20 to elections for the return of an elected mayor. As we discussed earlier in the Committee's proceedings, these restrictions are an essential mechanism for bringing all organisations which put up candidates at an election within the controls on parties' income and expenditure. I beg to move.

Clause 139, as amended, agreed to.

Clause 140 agreed to.

Schedule 19 [Penalties]:

[Amendments Nos. 289 to 307 not moved.]

Lord Bach moved Amendments Nos. 307A to 307C: Page 174, leave out lines 21 to 24. Page 175, line 20, column 1, leave out from ("Section") to ("without") in line 21 and insert ("(Details to appear on referendum material) (8) or (9) (printing or publishing referendum material"). Page 175, line 22, at end insert—

("Section (Details to appear on material) (8) or (9) (printing or publishing election material without details of printer or publisher) On summary conviction: election Level 5")

The noble Lord said: These amendments have already been spoken to. I beg to move.

[Amendments Nos. 308 to 313 not moved.]

Schedule 19, as amended, agreed to.

Clauses 141 to 145 agreed to.

Clause 146 [Orders and regulations]:

Lord Bach moved Amendment No. 313A: Page 95, line 4, leave out ("15(6)") and insert ("(Transfer of functions of Boundary Commissions)(3)").

[Amendments Nos. 314 and 315 not moved.]

Lord Bach moved Amendments Nos. 315A to 316A: Page 95, line 7, at end insert— ("() section (Sponsorship)(4),"). Page 95, line 8, at end insert— ("() section 65(1),"). Page 95, line 12, at end insert— ("() paragraph 2A(4) of Schedule 6,").

[Amendment No. 317 not moved.]

Lord Bach moved Amendments Nos. 317A and 317B: Page 95, line 13, leave out ("or paragraph 7 of Schedule 12,") and insert— ("() paragraph 2A(4) of Schedule 10, () paragraph 7 of Schedule 12,"). Page 95, line 14, at end insert ("; or ( ( ) paragraph 2A(4) of Schedule 14;").

Clause 146, as amended, agreed to.

Clause 147 agreed to.

Clause 148 [Minor and consequential amendments, repeals and savings]:

Lord Bach moved Amendments Nos. 317C and 317D: Page 95, line 37, after ("elections)") insert (", or (b) of provisions amending any of those provisions,"). Page 95, line 39, leave out subsection (4).

Clause 148, as amended, agreed to.

Clause 149 agreed to.

Clause 150 [General interpretation]:

Lord Bach moved Amendments Nos. 317E to 319A: Page 96, line 12, at end insert— (""body", without more, means a body corporate or any combination of persons or other unincorporated association;"). Page 96, line 13, at end insert— (""business" includes every trade, profession and occupation;"). Page 96, line 24, at end insert— (""the Great Britain register" and "the Northern Ireland register" mean the registers of political parties referred to in section (The new registers)(2)(a) and (b) respectively;"). Page 96, line 30, at end insert ("or an election under Part II of the Local Government Act 2000 for the return of an elected mayor"). Page 96, line 33, at end insert— (""minor party" means (in accordance with section (Registration of minor parties)(1)) a party registered in the Great Britain register in pursuance of a declaration falling within section 25(1A)(d);"). Page 97, line 7, at end insert— ("() References in this Act (in whatever terms) to payments out of public funds are references to any of the following, namely—

  1. (a) payments out of—
    1. (i) the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund or the Consolidated Fund of Northern Ireland, or
    2. (ii) money provided by Parliament or appropriated by Act of the Northern Ireland Assembly;
  2. (b) payments by—
    1. (i) any Minister of the Crown, the Scottish Ministers or any Minister within the meaning of the Northern Ireland Act 1998,
    2. (ii) any government department (including a Northern Ireland department) or any part of the Scottish Administration, or
    3. (iii) the National Assembly for Wales;
  3. (c) payments by the Scottish Parliamentary Corporate Body or the Northern Ireland Assembly Commission; and
  4. (d) payments by the Electoral Commission;
and references in this Act (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of any such payments.").

The noble Lord said: These amendments have already been spoken to. I beg to move.

Clause 150, as amended, agreed to.

Lord Bach moved Amendment No. 319B: After Clause 150, insert the following new clause—

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