Clause 60 - Referendum and election material
Electoral Administration Bill
2:30 pm

Photo of David Cairns

David Cairns (Inverclyde, Labour)

Not as much as I do. I shall reflect on my answer after I have given it.

Clause 60 makes three changes to the requirements for imprints on election and referendum material. In the case of closed list elections—that is, European parliamentary   elections, GLA elections, Scottish Parliament and Welsh Assembly elections—although obviously not in elections in first-past-the-post constituencies, the imprint requirement on election material makes it permissible to list solely the names of political parties, rather than the names of all the candidates on the party list, as the person on behalf of whom the material is published, as is the current requirement. It is a sensible and practical measure.

The hon. Member for Somerton and Frome asked a sensible and practical question about whether or not all 59 council candidates needed to be listed. The clause relates solely to party lists and not to individual requirements, so I do not have an immediate answer his question because it is not directly relevant, but I shall try to be helpful and find out.

As the hon. Gentleman mentioned when he referred to one of his notes—the one that I understood—the Election Publications Act 2001 suspended the three-part requirement under the Political Parties, Elections and Referendums Act 2000 for election material of printer, promoter and person on behalf of whom the material is being published and who is not the promoter. The requirement was suspended when it was found that political parties still had large stocks of material with the old-style imprint of printer and publisher.

It is quite clear that sufficient time has now passed so that the 2000 Act three-part requirement should be solely in force, which is what the clause does, and we will in due course consult the parties on the appropriate implementation date.

Finally, although I shall return to this point before my last, ''And finally, Cyril,'' I do not accept the hon. Gentleman's point about using posters with the name of someone who is not the agent. That probably crosses some line. I appreciate his concern if he has a large stockpile of posters from a previous election that he did not manage to put up. Perhaps my Scottish thrift and that of the hon. Member for Epping Forest is seeping into him and he does not want to waste them.

The role of agent is clearly defined in law and carries with it many legal obligations and duties. I am not immediately attracted to the idea of being able to put up posters that have the wrong agent's name on them. Nor do I believe that the person who is not the agent would be attracted to the idea. We all know that agents are legally responsible for large numbers of things that happen during elections.

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