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Political Parties and Elections Bill

I am so sorry, my Lords; it is my fault. This group includes Amendments 5 and 6, both of which I hope I have spoken to. Perhaps I may now speak to Amendments 7 to 11 and then invite the noble Lord to speak. I am grateful to him for the way in which he has dealt with this. I turn to Amendments 7 to 11. I am delighted to see the noble Lord, Lord Marlesford, in his place. These amendments take forward the substance of an amendment successfully moved on Report by the noble Lord, Lord Marlesford, which required that the commission obtain a warrant from a magistrate before it could enter premises to inspect documents. In addition, it ensures that the amendment is workable in practice by making clear the matters on which a magistrate would have to be satisfied before granting a warrant. We have also taken this opportunity to clarify the scope of the entry power. Government Amendment 6 seeks to amend paragraph 2(2) of new Schedule 19B, which sets out the commission's powers of entry and inspection in relation to regulated individuals and organisations listed in paragraph 2(1). This supervisory power allows the commission to enter premises, at reasonable times, to inspect documents relating to the income and expenditure of those to whom the power applies. This is not a power for use in connection with investigations, rather it is for use where the commission needs access to the financial and related documentation of political parties and other regulated entities in connection with its regulatory role. The effect of our amendment is to place a requirement on the Electoral Commission to obtain a warrant from a magistrate before it can enter the premises of a supervised individual or organisation to inspect documents relating to their income and expenditure. A warrant will not be issued automatically. Before a justice of the peace may issue an inspection warrant in relation to premises occupied by any organisation or individual listed in paragraph 2(1), he or she must be satisfied, following information provided on oath by the commission, of three things: first, that there are reasonable grounds for believing that on those premises there are documents relating to the income and expenditure of the organisation or individual; secondly, that the commission needs to inspect the documents for the purposes of carrying out functions of the commission other than investigatory functions; and thirdly, that permission to inspect the documents on the premises has been requested by the commission and has been unreasonably refused. An inspection warrant will be valid for one month from the date of issue and will authorise a member of staff of the commission to enter the premises specified in the warrant to inspect documents relating to their income and expenditure. The person executing the warrant will be required to produce the warrant and documentary evidence that they are a member of the commission staff. The amendment also retains the existing safeguards on the use of this power. So the power must be exercised at reasonable times and cannot be used to enter premises and inspect documents in connection with an investigation by the commission of a suspected offence or contravention. Additionally, the power is confined to financial and related documents. In practice, the power generally underpins the commission's ability to visit parties co-operatively to verify information provided by them, such as claims for policy development grants. Amendments 8 to 11 are consequential amendments to Amendment 7. I hope noble Lords, particularly the noble Lord, Lord Marlesford, will be content with this amendment which takes forward the principles of his amendment on Report. I beg to move Amendment 5.