§ 35. Mr. Carol Johnsonasked the Secretary of State for the Home Department 208W whether he will introduce legislation to amend Section 63 of the Representation of the People Act, 1949, so as to make it clear that expenditure incurred in connection with a broadcast made by a party political leader at election time does not count as part of his expenses as a candidate for the purposes of that Section.
§ Sir F. SoskiceThe English courts have held that Section 63 does not prohibit expenditure the real purpose of which is general political propaganda. I understand, however, that the interpretation of the Section is in issue in proceedings on an election petition in Scotland. While the interpretation of the Section is a matter for the courts, advice available to the Government before the proceedings were started was to the effect that national broadcasts by leaders of political parties or other persons which are not intended to promote the interests of or disparage a particular candidate in a particular constituency do not fall within the scope of that section. The Government will however examine the position further in the light of the decision on the present proceedings and introduce amending legislation if they think it necessary.