Political Parties, Elections and Referendums Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Schedule 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
219     Page 200, line 31, after ("of") insert ("subsection (4A) and")) 
220     Page 200, line 43, at end insert--
 
    ("(4A)  The incapacity imposed by subsection (4)(a)(i) above applies only to a candidate or other person reported personally guilty of a corrupt practice under section 60 above or of an illegal practice under section 61 above.")
 
  
Schedule 18
 
  
BY THE LORD BASSAM OF BRIGHTON
 
221     Page 201, line 35, at end insert--
 
    ("(  )  In subsection (2), for "and by a receipt" there shall be substituted "or by a receipt".")
 
222     Page 202, line 48, leave out ("and") and insert ("or") 
223     Page 203, line 15, leave out ("and") and insert ("or") 
224     Page 207, line 1, after ("3,") insert ("the form of return and") 
225     Page 207, line 5, at end insert--
 
    ("  . In Schedule 4 (election expenses in connection with certain local elections), in paragraph 3, for "and receipts" there shall be substituted "or by receipts".")
 
  
Clause 136
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
THE BARONESS TURNER OF CAMDEN
THE LORD McCARTHY
 
226    ("(1A)  The purpose of Schedule 19 is to limit donations by companies to political parties and expenditure by companies for political purposes by way of disclosure both to shareholders and to employees as partners in the enterprise and to secure necessary and proportionate control over such expenditure in order that it should not unduly distort the democratic process and its exercise by the sovereign electorate. 
      (1B)  Nothing in subsection (1A) creates an offence or any liability, but the terms of the subsection shall be taken into account by the court.") 
  
Schedule 19
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
227     Page 208, line 23, leave out ("EU") 
228     Page 208, line 24, leave out ("EU") 
  
BY THE LORD BASSAM OF BRIGHTON
 
229     Page 208, line 25, leave out ("Chapter") and insert ("Part, but subsections (4) and (6A) have effect subject to section 347AA") 
230     Page 208, line 29, after (" 48") insert (", 49") 
231     Page 208, line 32, leave out (", (6) and") and insert ("to") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
232     Page 208, line 39, leave out ("EU") 
233     Page 208, line 45, leave out ("EU") 
  
BY THE LORD BASSAM OF BRIGHTON
 
234     Page 208, line 45, at end insert (", or in respect of any activities on the part of the company such as are mentioned in subsection (6A)(b) or (c)") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
235     Page 208, line 46, leave out ("EU") 
  
BY THE LORD BASSAM OF BRIGHTON
 
236     Page 209, leave out lines 1 and 2 and insert--
    ("(b)  any other organisation to which subsection (6A) applies.
    (6A)  This subsection applies to an organisation if--
    (a)  it is a political party which carries on, or proposes to carry on, activities for the purpose of or in connection with the participation of the party in any election or elections to public office held in a member State other than the United Kingdom;
    (b)  it carries on, or proposes to carry on, activities which are capable of being reasonably regarded as intended to affect public support for--
 
  
          (i)  any registered party,
          (ii)  any other political party within paragraph (a), or
          (iii)  independent candidates at any election or elections of the kind mentioned in that paragraph; or
    (c)  it carries on, or proposes to carry on, activities which are capable of being reasonably regarded as intended to influence voters in relation to any national or regional referendum held under the law of any member State.
    (6B)  Organisation" includes any body corporate and any combination of persons or other unincorporated association.
 
    (6C)  Registered party" means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000.")
 
  
BY THE LORD BLACKWELL
[As an amendment to amendment 236]
 
236A*     Line 9, after ("as") insert ("primarily") 
  
BY THE LORD BASSAM OF BRIGHTON
 
237     Page 209, line 9, at end insert-- 
 ("Exemptions.     347AA.--(1)  Section 347A(4) does not extend to a subscription paid to an EU trade association for membership of the association, and accordingly such a payment is not a donation to the association for the purposes of this Part. 
  
        (2)  In subsection (1)--
      EU trade association" means any organisation formed for the purpose of furthering the trade interests--
            (a)  of its members, or
            (b)  of persons represented by its members,
 
 which carries on its activities wholly or mainly in one or more of the member States; 
  
      subscription", in relation to a trade association, does not include any payment to the association to the extent that it is made for the purpose of financing any particular activity of the association.
        (3)  Section 347A(6A) does not apply to any all-party parliamentary group composed of members of one or both of the Houses of Parliament (or of such members and other persons), and accordingly any such group is not an EU political organisation for the purposes of this Part.
        (4)  For the purposes of this Part--
 
 (a)  a company does not need to be authorised as mentioned in section 347B(1) or section 347C(2) or (3), and

(b)  a subsidiary undertaking does not need to be authorised as mentioned in section 347D(2),

in connection with any donation or donations to any EU political organisation or organisations made in a particular qualifying period, except to the extent (if any) that the amount or aggregate amount of any such donation or donations made in that period exceeds £5,000.

    (5)  The restrictions imposed by sections 347B(1), 347C(2) and (3) and 347D(2) accordingly have effect subject to subsection (4); and, where a resolution is passed for the purposes of any of those provisions, any amount of donations in relation to which, by virtue of subsection (4), no authorisation is needed shall accordingly not count towards the sum specified in the resolution.

(6)  In subsection (4) "qualifying period" means--

 
      (a)  the period of 12 months beginning with the relevant date for the company or (in the case of a subsidiary undertaking) the parent company; and 
      (b)  each succeeding period of twelve months.

(7)  For the purposes of subsection (6) the relevant date for a company is--

 
      (a)  if an annual general meeting of the company is held within the period of 12 months beginning with the date of the coming into force of this section, the date of that meeting; and 
      (b)  otherwise, the date immediately following the end of that period.") 
  
BY THE LORD WEDDERBURN OF CHARLTON
[Amendments 237A to 237D are amendments to amendment 237]
 
237A     Line 26, leave out ("does not need to") and insert ("must") 
237B     Line 29, leave out ("does not need to") and insert ("must") 
237C     Line 33, leave out from ("period") to end of line 36 
237D     Line 36, leave out ("£5,000") and insert ("£50") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
238     Page 209, line 11, leave out ("EU") 
239     Page 209, line 13, leave out ("EU") 
240     Page 209, line 20, leave out ("EU") 
241     Page 209, line 22, leave out ("EU") 
  
BY THE LORD WEDDERBURN OF CHARLTON
 
242     Page 209, line 25, leave out from ("means") to end of line 29 and insert ("a special resolution") 
243     Page 209, line 32, leave out ("(a) or") 
244     Page 209, line 39, after ("approval") insert ("(including any formal or informal unanimous acquiescence or agreement)") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
245     Page 210, line 12, leave out ("EU") 
246     Page 210, line 14, leave out ("EU") 
  
BY THE LORD WEDDERBURN OF CHARLTON
 
247     Page 210, line 24, after ("approval") insert ("(including any formal or informal unanimous acquiescence or agreement)") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
248     Page 210, line 40, leave out ("EU") 
249     Page 210, line 42, leave out ("EU") 
  
BY THE LORD WEDDERBURN OF CHARLTON
 
250     Page 211, line 3, after ("approval") insert ("(including any formal or informal unanimous acquiescence or agreement)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
251     Page 213, line 19, leave out ("otherwise than as mentioned in section 347F(1)") and insert ("without having been authorised as mentioned in section 347D(2)") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
THE BARONESS TURNER OF CAMDEN
THE LORD McCARTHY
 
252     Page 215, line 8, at end insert-- 
 ("Notification to employees' representatives.     347K.--(1)  Not later than 14 days before the passing of the appropriate approval resolution or, as the case may be, subsidiary approval resolution under sections 347B, 347C or 347D, the company shall give to representatives of the relevant employees a notice containing the terms of any such resolution and the reasons for its being put forward for approval by the shareholders.
 
    (2)  In the period after such a notice has been given and before any such resolution or any other resolution on the same matter is passed by the general meeting of shareholders, representatives of the employees--
    (a)  may inform the directors of the company about all or any views of the employees, or some of them, in regard to the contents of the notice (save that in no case shall the representatives personally identify an employee as a person expressing any view); and
    (b) shall, for the purpose of informing themselves about employees' views on the directors' notice, have reasonable access to the workplace or workplaces of the employees in order to discuss the directors' notice with them at times either agreed with the company or chosen by them other than during working hours.
    (3)  Where the representatives of the employees have reported any views of employees to the directors, the directors shall send to the representatives within the following seven days a written communication expressing the response of the directors to that report and providing such further information as is, in the view of the directors, necessary further to explain the purposes of the company in respect of any relevant donation or expenditure.
 
 Information withheld from employees' representatives.     347L.--(1)  The Secretary of State shall make regulations for cases where the directors withhold material from their notice which is relevant to the purposes of section 347K on the ground that its disclosure would seriously harm the functioning of, or would be prejudicial to, the enterprise or a group of enterprises of which it forms part, or is otherwise confidential.
 
    (2)  Regulations under this section shall provide for a right whereby the representatives of the employees may apply to the Central Arbitration Committee ("the CAC") which shall determine on objective grounds whether such material should be disclosed or not to the employee representatives in a form and manner parallel to the rights of a member of a special negotiating committee or of a European Works Council under Regulation 24 of the Transnational Information and Consultation of Employees Regulations 1999, No. 3323 ("Withholding of Information by Central Management").
 
    (3)  The regulations may deal with different cases in such diverse manner as the Secretary of State prescribes.
 
 <~et>Power of the Secretary of State to make regulations about control.     347M.--After consulting such pesons as appear to him to be appropriate, the Secretary of State may, at any time after section 347K has been in effect for a period of not less than two years, make regulations to extend and modify the provisions of section 347E to 347H, to enable groups of relevant employees or employee representatives to bring proceedings with the leave of the court against directors of the company in respect of unauthorised political donations or expenditure. 
 Interpretation.     347N.--For the purposes of sections 347K, 347L and 347M-- 
  
      (a)  the term "employee" has the meaning ascribed by section 235 of the Trade Union and Labour Relations (Consolidation) Act 1992 Act (hereafter "the 1992 Act") and "relevant employees" are employees employed by a company on the date of the notice required by section 347K;
      (b)  the term "representatives of the employees" means in this section--
            (i)  persons appointed by, or elected by members of, an independent trade union recognised to any extent by the company for collective bargaining within the terms of section 178 of the 1992 Act;
            (ii)  persons appointed by, or elected by members of, an independent trade union declared by the Central Arbitration Committee to be entitled to conduct collective bargaining with the company under the provisions of Schedule A1 (Collective bargaining: recognition) to the 1992 Act, introduced by the Employment Relations Act 1999; or
            (iii)  persons independent of the company (within the meaning of section 5(a) and (b) of the 1992 Act) who are appointed or elected as appropriate representatives under the provisions of section 188(1)(B) of the 1992 Act (duty of employer to consult representatives);
      (c)  where there are no representatives within the scope of paragraph (b) above, the employer shall, not later than 14 days before the passing of the appropriate approval resolution or subsidiary approval resolution, as the case may be, under sections 347B, 347C or 347D, send to all employees employed by the company on that day the information required by section 347K(1) and such further information as it considers to be necessary to explain the purposes of the company in respect of any such political donation or political expenditure."")
 
 
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