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Political Parties and Elections Bill

We understand the desire that the commission should act in a timely manner. We all wish to see the commission act professionally when enforcing the regulatory regime. However, we do not believe that the amendment will have this effect, nor do we think that the wording is necessary. It is already clear that the commission will be required, in accordance with general public law principles, to apply these sanctions in a "reasonable manner". Were it to act in a way that is not proportionate and timely, it could form the basis for grounds of appeal against the resulting sanction. This constraint is more powerful and effective than amending the provision in the way suggested by the amendment. The commission is well aware of the need, with these new sanctions, not only to act cautiously but also to proceed in a timely fashion. However, we are wary that any attempt to be more prescriptive over the commission’s procedures, however well intentioned, may produce unintended and unwanted consequences. For instance, could inserting this kind of language in the Bill create the possibility of the commission feeling that it must make a hasty decision on prosecution rather than a correct decision? In drafting this schedule on civil sanctions, we have sought to follow as closely as possible the framework established for other regulators by the Regulatory Enforcement and Sanctions Act. As my right honourable friend the Minister of State has maintained throughout this process, and as I said yesterday, we do not think it appropriate to depart from this model unless it is absolutely necessary. After all, why should the regulator that enforces the law for those of us involved in politics be subject to a set of provisions different from those for regulators in other fields? I again thank the noble Lord for raising the point, but we do not feel that we can accept his amendment.