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Political Parties and Elections Bill

With all respect to the hon. Gentleman, there is a precedent in respect of electoral law and there is certainly a break with the precedent established by the Regulatory Enforcement and Sanctions Act 2008. Of course what is proposed is not identical, because as the hon. Gentleman says, we are dealing with new law, but in so far as there are precedents, the amendment would constitute a break with them. I hope that I have convinced the hon. Gentleman not to press amendment 74 to the vote and to withdraw it. I am afraid that I am also going to have to resist amendment 77, which introduces a time period for appeals against discretionary requirements. As I said when we debated similar amendments in Committee, such a provision would reduce the clarity of the Bill for those regulated by the commission. The amendment would introduce a time period for appeals, but it is already contained in provisions devoted to appeals and representations procedures; that is the proper place for such a time period, where it sits most obviously with other provisions relating to appeals. I think that the amendment is an unhelpful step, which would not aid comprehension of the provisions, so I oppose it on that ground alone. In the course of his remarks, the hon. Member for Huntingdon asked whether there was an inconsistency between references to 28 days for appealing against fixed monetary penalties and those for variable monetary penalties. The precise point is that the maximum period for making representations for fixed monetary penalties is 28 days, which reflects the fact that the breach being punished is less likely to be serious. Representations against the decision to impose such a penalty will need less time. Variable monetary penalties are, as I have already said, likely to be higher and will be imposed in more complex cases, so it is right that longer time be given to object. That is why there is a minimum period of 28 days in that case. Both the time scales are based on the Regulatory Enforcement and Sanctions Act 2008, from which we should depart only if there is a compelling reason to do so. In this case, we do not think that there is. The aim of amendment 75 is, I understand, to encourage the commission to demonstrate good practice to those it regulates by acting quickly. We do not believe that the amendment, particularly in the way it is structured, is desirable. As I explained to the hon. Member for Huntingdon when a very similar amendment was tabled in Committee, we do not want unnecessarily to limit the commission in its application of the new civil sanctions regime. We do not want to depart from the framework set up by the Regulatory Enforcement and Sanctions Act 2008. I have already said that many times already this afternoon and I suspect that I will need to say it many times again before we are through today. Whatever the circumstances of the case, we expect the commission to act as promptly as it is able to do—a point that will be covered in the final guidance on enforcement. We believe that the commission is well aware of the need for working in a timely fashion. Indeed, in its draft guidance, the commission notes in words that I hope will reassure the hon. Member for Huntingdon:"““We recognise that it is important to conclude investigations as quickly as possible, in the public interest and in the interests of natural justice for those involved””," which balances with"““our first priority… to conduct a fair and thorough investigation””." If I may paraphrase, it is precisely those concerns with natural justice and the public interest that lie behind the amendment, so I hope that the hon. Gentleman will be reassured. This is an important point. I understand that the amendment seeks to protect those subject to investigations, but it is precisely the references to natural justice and the public interest that should reassure the hon. Gentleman. In those circumstances, it is best not to put the commission under a legal obligation to act promptly; instead, of course, performance should be monitored and recorded in the annual report to ensure that decisions are taken expeditiously and on all the right evidence. I thus hope that the hon. Gentleman will withdraw the amendment. Amendment 83 would provide that the Electoral Commission, in its reports on sanctions, is able to publish the names only of those on whom it has imposed a monetary penalty in excess of £5,000. Following the Government amendment on annual reporting of sanctions, the reports referred to will be included in the commission's annual report. Amendment 83 goes against the core principle of transparency. I believe that it is right for the receipt of a civil penalty to be public, which is an important part of the deterrent effect of the civil sanctions regime. The amendment would exclude a significant range of the potential sanctions available—and most likely the majority—from being reported publicly. For instance, for offences that are triable only in a magistrates court, fines are capped at £5,000, so should this amendment be agreed, the commission's civil sanctions would not be reported. Failing to report the imposition of such sanctions is also inconsistent with the requirements of article 6 of the European convention on human rights, by which the commission, as a public authority, will be bound. Article 6, as the hon. Member for Huntingdon will know, requires decisions to impose civil or criminal penalties to be made public. I should also say that the commission will be bound by data protection legislation in all circumstances.