Political Parties and Elections Bill

Again, I have heard what my hon. Friend says, and he has got a point. I will come to our view on amendment 122 very shortly, and I then want to conclude because there is a lot of business to get through and I need to let other Members speak. On amendment 121, I am also concerned by the use of the phrase "innocent mistake". I think that we all agree that the commission must act proportionately. It has repeatedly said that the new range of civil sanctions that we propose will help it to achieve that, but the phrase "innocent mistake" carries no legal weight. Indeed, it is quite vague and confusing. I do not believe that it is helpful. In any event, given the nature of the conduct required for the offence, which I have already described, that or similar wording would not add much to ensuring that inadvertent errors were not unfairly penalised. Amendment 122 would insert a requirement for an individual to make a declaration about their reasonable belief, rather than requiring them to act to the best of their knowledge and belief, as the Bill is currently drafted. To adopt that wording would substantially weaken the requirement and make it inconsistent with other declaration requirements contained throughout the Political Parties, Elections and Referendums Act. I think it is right that we ask the best of people, rather than something less, given that they will be penalised for a failure only if they act intentionally or recklessly in making the relevant declaration. As I have said, the requirement for an act to be carried out knowingly or recklessly will not, in my view, catch a person who makes a statement in good faith. That strikes the right balance between rigour and fairness in this context, and I do not think we should disturb that balance. Given that, and given the assurances I have given about amendments we intend to introduce in the other place, I hope Opposition Members will see that these amendments are unnecessary, and that they will withdraw them. Amendment 8 would alter the regulation of unincorporated associations by requiring that names and addresses of their members and those who donate to them are provided to the Electoral Commission in donation reports or transaction reports, depending on whether the unincorporated association is giving a donation or loan to a party. It is very similar to an amendment tabled and discussed in Committee. We recognise the concern that a number of Members expressed on Second Reading and in Committee about a perceived lack of transparency with regard to unincorporated associations. As I said in Committee, we have been actively considering improvements in this area, and I am pleased to report that we have tabled amendments that will address this issue. On the basis of that, I hope my hon. Friend the Member for Leeds, North-East (Mr. Hamilton) will support the Governments amendments and withdraw his amendment.