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Proceeding contribution from Lord Borrie (Labour) in the House of Lords on Wednesday, 29 April 2009. It occurred during Debate on bill and Committee proceeding on Political Parties and Elections Bill.


Political Parties and Elections Bill

As I understand the amendment, it is to remove from Clause 1(2), ""taking such steps as they consider appropriate with a view to"." The effect of that seems to be to remove what must surely be essential in these matters, which is the judgment of the Electoral Commission. It is not really conceivable or desirable that it should be put in an objective way. There must need to be some judgment on the part of the Electoral Commission in determining such matters as party accounting, political donations, campaign expenditure et cetera. If the deletion requested by the amendment were put into effect, there might even be a risk that anything that the Electoral Commission determined in the way of securing compliance could be so objectively determined that judicial review was available against its decision. As it is, it is left to its judgment, but surely that is most appropriate. As the noble Lord, Lord Bates, fairly explained, its judgment and powers are gone into in much more detail in Schedule 1 and other provisions, but the basic element of judgment which is dealt with in Clause 1 seems appropriate.


Secondary information

Type
Proceeding contribution
Reference
710 c55GC 
Session
2008-09
Chamber / Committee
House of Lords Grand Committee
Subjects
Civil proceedings Finance Elections Enforcement Fixed penalties Electoral Commission Electoral register Powers Political parties Sanctions
Legislation
Political Parties and Elections Bill 2007-08 to 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk