In the absence of my noble friend Lord Bates, I shall be moving the Conservative amendments today. I trust that we shall make good progress so that I can adjourn later to the Chamber to give our views on the Cohabitation Bill. I do not know whether the Minister will be dealing with that; I think that one of his colleagues will be.
I shall speak also to Amendments 49, 53 and 57. Again, these are probing amendments. They seek to require that the commission may negotiate the acceptance by the person, the registered party, the registered third party or the permitted participant concerned of a discretionary requirement. The amendment will allow this negotiation even if the commission is not satisfied beyond reasonable doubt of an offence or contravention and/or the person concerned does not accept that such an offence has been committed. This works together with our desire to strengthen the Electoral Commission and enhances its powers and the proportionate use of the new range of flexible sanctions.
It also usefully reflects the provision put forward in Schedule 2, paragraph 15, where the person concerned has the power to accept undertakings to take action so that the offence or contravention does not reoccur and the position is, as far as possible, restored to what it would have been if the offence or contravention had not taken place, or is action of a "prescribed description". The difference is that our amendment means that the commission rather than the person concerned can take the initiative.
I understand from briefing that has been produced by the Electoral Commission that it feels that these amendments, among others to Schedule 2, would provide the commission with considerable flexibility to impose the most suitable sanction in each case. It deserves a response from the Government and I would be grateful to hear what they have to say. I beg to move.
Political Parties and Elections Bill
Proceeding contribution from
Lord Henley
(Conservative)
in the House of Lords on Thursday, 30 April 2009.
It occurred during Debate on bills
and
Committee proceeding on Political Parties and Elections Bill.
About this proceeding contribution
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710 c105-6GC Session
2008-09Chamber / Committee
House of Lords Grand CommitteeSubjects
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