Schedule 4 — Minor and consequential amendments

Political Parties and Elections Bill – in the House of Commons at 9:00 pm on 2nd March 2009.

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Amendment proposed: 140, in page 44, line 24, at end insert—

' In section 65A (false statements in nomination papers etc), in subsection (1), after paragraph (a) there is inserted—

"(aa) (where the election is a parliamentary election) a statement under rule 6(5)(b) of Schedule 1 to this Act which he knows to be false in any particular; or".'.— (Dr. Julian Lewis.)

Question put, That the amendment be made.

The House divided: Ayes 223, Noes 158.

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Division number 46 Political Parties and Elections Bill — Schedule 4 — Minor and consequential amendments

Aye: 223 MPs

No: 158 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

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Question accordingly agreed to.

Amendment 140 agreed to.

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Photo of Gordon Prentice Gordon Prentice Labour, Pendle

On a point of order, Madam Deputy Speaker. My understanding is that we voted on new clause 23 although it had never been moved. Could we vote on my amendments 84 and 85, which were supported by 216 Members of Parliament? I think we should vote on those amendments.

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Photo of Sylvia Heal Sylvia Heal Deputy Speaker

Order. We are governed by a programme motion, and the opportunity to vote on any earlier amendments has now passed.

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Photo of Gavin Strang Gavin Strang Labour, Edinburgh East

On a point of order, Madam Deputy Speaker. The decision to allow a vote on new clause 23, which was in a group that had not been reached, was of course within your discretion, but can you confirm that it is very unusual for the Speaker to allow that to happen? Given that the issues raised in the new clause are quite different in the context of the additional costs allowance, are you at liberty to explain why you allowed a vote to take place on new clause 23, which had not been reached and had never been discussed?

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Photo of Sylvia Heal Sylvia Heal Deputy Speaker

The Chair does not give reasons for a decision that has been made. I have made a ruling, and that is the end of the matter.

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Photo of Douglas Hogg Douglas Hogg Conservative, Sleaford and North Hykeham

On a point of order, Madam Deputy Speaker, which relates to a completely different matter. You were in the Chair when the Minister made a very important announcement about personal registration. You heard the Minister say that the Government intend to table amendments in the other place. This House has never had an opportunity to consider them, or even to see them in draft. We have not a clue what the Government will do.

Will you, Madam Deputy Speaker, exercise your undoubted discretion to accept a motion without notice to recommit the relevant parts of the Bill to the Standing Committee, so that the Government can table their intended amendments, and the Committee can consider them and report back to the House? That would enable very important amendments to be considered by this place and not, in the first instance, by the other place.

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Photo of Sylvia Heal Sylvia Heal Deputy Speaker

This House passed a programme motion relating to the Bill on 9 February, and we must proceed in accordance with it.

Amendment proposed: 141, page 44, line 24, at end insert—

'(1) Section 70 (effect of default in election agent's appointment) is amended as follows.

(2) In subsection (4)(a), after "the statement as to persons nominated" there is inserted "(or where, in the case of a parliamentary election, the address is not given on that statement, the address as given under rule 6(4) of Schedule 1 to this Act)".

(3) After subsection (6) there is inserted—

"(7) In the case of a parliamentary election, subsection (6) above applies whether or not a statement has been made under rule 6(5) of Schedule 1 to this Act requiring the candidate's home address not to be made public."'.— (Dr. Julian Lewis.)

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Question put, That the amendment be made.

The House divided: Ayes 213, Noes 153.

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Division number 47 Political Parties and Elections Bill — Schedule 4 — Minor and consequential amendments

Aye: 213 MPs

No: 153 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

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Question accordingly agreed to.

Amendment 141 agreed to.

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Photo of Pete Wishart Pete Wishart Shadow Spokesperson (Culture, Media and Sport), Shadow Spokesperson (Home Affairs), Shadow Spokesperson (International Development), Shadow Spokesperson (Justice)

On a point of order, Mr. Deputy Speaker. In an extraordinary precedent, a Division has been allowed on new clause 23, although it has not been considered or properly debated. My new clause 18 is also in that category. Given that precedent, may we have a Division on the important issue of returning powers over the Scottish Parliament's electoral systems to the Scottish Parliament? I ask that we be allowed to put that to the vote.

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Photo of Douglas Hogg Douglas Hogg Conservative, Sleaford and North Hykeham

Further to that point of order, Mr. Deputy Speaker. Without in any sense wishing to question the discretion of the Chair, may I say that I am profoundly uncomfortable with the idea of voting on a matter that the House has had no opportunity of discussing?

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Photo of David Howarth David Howarth Shadow Secretary of State for Justice

Further to that point of order, Mr. Deputy Speaker. I, too, am disturbed by what has happened, but given what Madam Deputy Speaker said about amendment 84, which Mr. Prentice tried to raise—that it could not be voted on because it fell at 7 o'clock—I cannot see why new clause 18, tabled by the Scottish nationalists, should not now be voted on.

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Photo of Alan Haselhurst Alan Haselhurst Deputy Speaker and Chairman of Ways and Means

Order. I cannot add a great deal to the ruling that has already been given from the Chair. We are operating under a programme motion, and the Chair determines which amendments can be taken. Rulings have been made, to which I shall add by saying that I am unable to accept for Division the new clause tabled by Pete Wishart.

Amendment made: 142, page 44, line 24 at end insert—

' (1) Schedule 1 (parliamentary elections rules) is amended as follows.

(2) In rule 6 (nomination of candidates), in paragraph (2)(a) after "names," there is inserted "and".

(3) In rule 14A (correction of minor errors)—

(a) in paragraph (1), after "nomination paper" there is inserted "or home address form";

(b) in paragraph (2), after sub-paragraph (b) there is inserted—

"(c) in the home address form, errors as to the information mentioned in rule 6(5)(b)."

(4) In the Appendix of forms, in the Form of nomination paper, in the first table following the words "candidate at the said election", the final column (home address) is omitted."'.— (Dr. Julian Lewis.)

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