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Political Parties and Elections Bill

I was including commercial life in the phrase ““public life””—or, if I can be precise, ““matters that affect the general public””. I hope that that reassures the hon. Gentleman. Anyway, I hope that I have said enough to persuade my hon. Friend the Member for Leeds, North-East not to press his new clause 4. My hon. Friend asked about dual reporting and when section 59 of the Electoral Administration Act 2006 would be commenced. Those Members who were present earlier will have seen that the Committee on Standards and Privileges report was approved after a somewhat lengthier discussion than some of us had envisaged. The Electoral Commission has indicated that it will move swiftly to notify the Justice Secretary that it is content that it will receive all the information that it needs. Once that notification is received—as has been discussed today, that is a prerequisite for commencement—the Justice Secretary will commence the provision at the earliest opportunity. The right hon. Member for North-West Hampshire suggested that administrative changes to House procedures should enable commencement by June at the latest. Let me turn to Opposition amendments 59 to 62. I suppose that I should compliment the hon. Member for Huntingdon on his persistence, because pretty well identical amendments were tabled in Committee which he said were probing amendments. They were not put to a vote, but I am happy to try to persuade him not to press them once again. Practically, amendments 59 to 62 would have the effect of preventing the Electoral Commission from applying a fixed monetary penalty to any of the regulated entities concerned for the contravention of a prescribed restriction or requirement. Amendments 59 to 62 go against the flexibility of the system that we are seeking to introduce. It is worth putting it on record again that the Committee on Standards in Public Life recommended that civil sanctions should be made available in instances that could be considered more minor and where it said that administrative penalties would be more appropriate. Accepting amendments 59 to 62 would mean that this lightest-touch penalty, which is generally available to the commission under the relevant schedule, would not be available in those sorts of cases where it may be particularly appropriate. That would be illogical if we are serious about adopting a proportionate approach. Finally, amendments 59 to 62 fail to take account of the existing provisions in the Political Parties, Elections and Referendums Act 2000. Acceptance of them would remove the commission's limited ability to impose civil penalties in relation to certain breaches of the 2000 Act. The fixed monetary penalties in schedule 2 of the Bill replicate the present system in section 147 of the 2000 Act. For example, where a party fails to inform the commission of a change of treasurer, as required by section 31(4), the Electoral Commission can currently impose a civil penalty. Should amendments 59 to 62 be accepted, the commission would still be able to apply a fixed monetary penalty, but only when a prescribed offence had been committed. In addition, the other civil sanctions would continue to be available in respect of prescribed restrictions and requirements, which would add inconsistency. By preventing the application of those new sanctions to prescribed restrictions and requirements, we would be in danger of binding the commission's hands. We believe that it must be for the independent Electoral Commission to determine when a fixed monetary penalty or any other appropriate civil sanction should be used where a prescribed restriction or requirement has been contravened. The commission must be allowed to use its expertise to determine what mitigating or aggravating factors might be taken into account. That is proportionate and allows each case to be approached on its merits. On that basis, I hope that the hon. Member for Huntingdon will not press amendments 59 to 62.