Political Parties and Elections Bill

I shall have to come back to the right hon. Gentleman on the question of European law, and I will do so. My recollection is that the same rules on donations apply to elections for the European Parliament as to any other elections, notwithstanding the fact that there is some difference in the franchise, as he will be well aware. The legislation governing donations to political parties and regulated donees in Northern Ireland rightly enables Irish citizens to make political donations to those parties and donees. We would not want to alter that arrangement, and the intention of subsection (b) of proposed new subsection (2ZA) is therefore to make clear our desire that Irish citizens will retain the ability to donate to political parties and other authorised recipients in Northern Ireland. The Government will table further amendments to clarify the intention underlying the subsection in due course. Amendment (a) would also insert new section 54B into the Political Parties, Elections and Referendums Act 2000. That would require an individual making a donation above £7,500 in any given year to provide to the donee a declaration affirming that they satisfy the requirement to be resident, ordinarily resident and domiciled in the UK for tax purposes in the preceding year. That declaration requirement will sit alongside the requirement to provide a declaration as to the source of the donation, as required by proposed new section 54A of the 2000 Act. Amendments (b) to (f) are consequential amendments. They ensure that the permissibility and declaration requirements relating to residence, ordinary residence and domicile that I have described are carried through to regulated transactions such as loans, and to donations to other regulated donees under the 2000 Act—that is, regulated individuals such as MPs, members associations, third parties and permitted participants in a referendum. Any change to the requirements regarding permissibility of donors is significant, as parties are under a duty to comply with any new restriction. The current requirement for an individual to be registered on an electoral register offers a simple test. If the amendments were accepted, political parties and the Electoral Commission would need to be able to satisfy themselves that a donor met a new permissibility requirement. I have already explained the problems inherent in trying to ascertain someone's tax status. I note that the Electoral Commission, in its briefing ahead of these debates, has commented in detail on the difficulties of enforcing the permissibility requirement set out in Lords amendments 11 and 12. It commented on a particular effect of those amendments—that""in many cases it is likely to be difficult for the political party or regulated person who has received a donation to confirm whether the donor is permissible under the Bill's definition"," or not. Other concerns were set out and the Electoral Commission ended by saying that the Government "should address these issues".