Political Parties and Elections Bill

My Lords, that is probably true, but this is solely to do with the regulatory role as opposed to the investigatory role. This power actually replicates the commission’s existing power. This is not something new. This was a power of entry in the Political Parties, Elections and Referendums Act 2000. Although I have not had a chance to research the matter completely, my understanding is that there was no opposition to this power when it was passed through Parliament in 2000. The only difference is that now it will apply to members’ associations as well. In practice, the power generally underpins the commission’s ability to visit parties co-operatively, to verify claims for policy development grants and conduct risk-based assessments. The effect of the amendment would be to place a requirement on the Electoral Commission to obtain prior approval from a magistrate before it can enter the premises of a supervised individual or organisation to inspect documents relating to their income and expenditure. I appreciate the intention behind the amendment, which is to help us to ensure that powers of entry are used appropriately. We fully support the view that the powers of entry in the Bill should be proportionate and justified, and feature appropriate safeguards to prevent their misuse. That is why the Government took steps in another place to restrict the application of this power to regulated organisations and not to individuals, and to prevent the use of this power of entry in connection with an investigation into a suspected breach or contravention of the 2000 Act. As I understand it, in so far as any investigation or suspected breach is concerned, even getting a warrant would not be sufficient to allow entry after the changes the Government made in another place. These steps are in addition to retaining the safeguards which the power has featured since the 2000 Act. For example, the power must be exercised at reasonable times and is confined to financial documents. Additionally, authorisation of a person acting on behalf of the commission to enter premises must be in writing and must be produced by that person if required to do so by the owner or occupier of the premises. We therefore think that the power of entry already features sufficient safeguards to prevent its misuse. A step such as that proposed in this amendment would, we think, place an unnecessary obstacle in the use of this power. As such, it risks undermining the Electoral Commission’s effectiveness. Now more than ever, it is vital that Parliament empowers the regulator so that he or she is fully equipped to regulate the political system effectively. We therefore share the commission's view that the amendment would result in additional bureaucracy without any additional benefit. An application to a magistrate may lead to a negative and false inference being drawn; a court granting such a warrant may be seen to imply that the commission suspects breaches of the rules. That is not the case: the commission’s use of this power is not concerned with the investigation of, or any suggestion as to the commission of, an offence. Furthermore, it is not clear what factors a magistrate would be taking into account when deciding whether to give approval. Given that the power allows the commission to enter premises at reasonable times for the purposes of carrying out its supervisory functions, it is difficult to envisage a situation where approval could reasonably be withheld. The further steps we have already taken to prevent the use of this power of entry in connection with an investigation into a suspected offence ought to reassure the House that the power will be used appropriately. In addition, the Electoral Commission says in its briefing: ""Government amendments agreed during the passage of the Bill provide appropriate safeguards on this power … The proposed involvement of a magistrate may create the misperception that a party has breached the law, where clearly it has not"." The commission also undertakes to give organisations whose premises it intends to visit advance notice of the time and date of the proposed visit. This power of entry is not new—as I say, it has existed since 2000. The Electoral Commission has undertaken to use it only when necessary and to give parties prior warning. I repeat that the power cannot be used for investigations; instead, it allows the Electoral Commission to access information on those it regulates for its supervisory functions.