Clause 8
Political Parties and Elections Bill
1:00 pm
Michael Wills (Minister of State, Ministry of Justice; North Swindon, Labour)
No, I was saying that I was prepared to consider the circumstances in which the commission might be able to give further reassurance to the Committee on the basis on which it will investigate potential breaches or breaches. It has already, in its letter, gone a long way towards reassuring the Committee, but if concerns remain, we are open to considering that.
Under the clause, someone is committing an offence only if they are conscious of the fact that it is substantially certain that they are making a false declaration or if they are being careless to the point of being heedless of the consequences. If neither of those conditions is satisfied, an offence is not committed.
I must oppose amendment No. 6 for similar reasons. We believe that the controls on permissible donations that were introduced in the 2000 Act are vital to uphold public confidence in the transparency and fairness of our democracy. A breach of those rules is a serious matter, and must result in a serious penalty. The amendment appears to downgrade the seriousness of failing to comply with the requirements in clause 8. I understand the motivation behind it, which is essentially the same as that discussed in the previous amendment. We are concerned that if the amendment were accepted, we would be sending a mixed message about the importance of the controls on donations. We believe that a fine of £1,000 would not be a sufficient deterrent.
On the basis of the reassurances that I give the Committee and on our willingness to continue considering the matter, I hope that hon. Members will agree to withdraw their amendments.