I am grateful to my hon. Friend; I was about to make exactly that point. Specifying the phrase ""in the reasonable opinion of the Commission""
is not a factor that adds anything useful on a practical level. The commission is already compelled to act reasonably when it considers civil sanctions. If it fails to do so, that is grounds for appeal against any decision to impose a sanction. So what I suspect is the desired effect of amendment 121 is already achieved in the Bill by other means. In fact, although I accept that that amendment is well intentioned, it would be distinctly unhelpful in that—I think that this is the point that has been made—it would make the commission's opinion central to the offence. Accordingly, in a case where the police and the Crown Prosecute Service decided that an offence was so serious that it warranted criminal prosecution, rather than civil proceedings instituted by the commission, a court would still be required to consider what the commission thought to decide whether an offence had been committed. Surely, that cannot be the intention, and I certainly do not think that it would be right.
Political Parties and Elections Bill
Proceeding contribution from
Lord Wills
(Labour)
in the House of Commons on Monday, 2 March 2009.
It occurred during Debate on bills on Political Parties and Elections Bill.
Type
Proceeding contribution
Reference
488 c602 
Session
2008-09
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