Parliamentary Voting System and Constituencies Bill

I warmly welcome the fact that the Government have tabled the new clause. Broadly speaking, the Minister is absolutely right that it was never anybody's intention that ordinary newspapers, magazines, television broadcasts and so on should be included in the referendum expenses regime. However, there are some complications because of some of the terms used in the new clause. I note that the Minister said en passant that the Committee chaired by my hon. Friend the Member for Nottingham North (Mr Allen) managed to come up with a report despite the time available, but of course the lack of availability of time was entirely down to the Minister, not down to anybody else. As he noted, the Committee produced its own version of what a new clause might look like, and a lot of us have been lobbied by different parts of the media in favour of some version or other of an amendment such as this one. The Minister said that the Government's version was slightly different, and I hope that he will be able to take us through why. The new clause mentions, first:"““Expenses incurred in respect of the publication of any matter relating to the referendum, other than an advertisement, in…a newspaper or periodical””." As I understand it, it is remarkably difficult to specify in law what is a newspaper or periodical. So far as I can see, there is no one clear definition of newspaper or periodical. I assume that the Government understand ““newspaper or periodical”” to be the same, not two separate concepts. I can find two instances of a definition in statute. The first is the Newspaper Libel and Registration Act 1881, which states:"““The word 'newspaper' shall mean any paper containing public news, intelligence, or occurrences, or any remarks or observations therein printed for sale, and published in England or Ireland periodically, or in parts or numbers at intervals not exceeding twenty-six days between the publication of any two such papers, parts, or numbers.""Also any paper printed in order to be dispersed, and made public weekly or oftener,””—" ““oftener”” is slightly strange language—"““or at intervals not exceeding twenty-six days, containing only or principally advertisements.””" I presume that the Government are not relying on that definition, because it applies only to England and Ireland, which is in a Bill that tried to ensure that all newspapers and periodicals were registered. That registration process no longer exists—now anyone is free to publish a newspaper or a periodical. The second instance is in section 7(5) of the Defamation Act 1952, which states that"““the expression 'newspaper' means any paper containing public news or observations thereon, or consisting wholly or mainly of advertisements, which is printed for sale and is published in the United Kingdom either periodically or in parts or numbers at intervals not exceeding thirty-six days.””" I am sure that keen-eared Members noted that between 1881 and 1952, there was a difference of 10 days in the frequency with which a printed item might be described as a newspaper or a periodical.