Political Parties and Elections Bill

The government amendment is intended to address concerns raised in another place about paragraph 4 of new Schedule 19B to the Political Parties, Elections and Referendums Act 2000. The Government tabled amendments on Report in another place to replace the warrant power and provide an alternative means for the commission to enforce compliance with its requests for documents. These provisions, contained in paragraph 4 of new Schedule 19B, set out a power for the commission to apply to a county court for a disclosure order. The purpose of a disclosure order is to enforce an earlier notice issued by the commission under paragraph 3 of the new schedule, requiring specified documents to be produced. Paragraph 4 of the new schedule provides that a county court judge or, in Scotland, a sheriff may make a disclosure order against a person following an application from the commission if he is satisfied the tests set out in that paragraph have been met. We initially proposed that these applications be to the county court, given the expectation that most investigations by the commission will be dealt with under civil rather than criminal law. However, we agreed to consider, after seeking the views of relevant parties, whether it would be appropriate to make a further amendment to the court-order provisions to require that consideration of applications in these cases be dealt with by the High Court. In considering whether the High Court should deal with these applications, we have taken into account the likely impact on the workload of the High Court, ensuring that the commission's investigations are not delayed, and the complexity and possible political sensitivities in play in these applications. We are reassured that the likely number of cases that will come before the High Court will not add in a significant way to the pressure of business on that court. Given the nature of these applications and the potential complexity and political sensitivities surrounding them, on reflection, we believe that the High Court would be the more appropriate level of scrutiny for these applications. I hope that noble Lords will be reassured to hear that we have sought the views of interested parties, including the Lord Chief Justice and his colleagues in Northern Ireland and Scotland, who all agree that the High Court should consider these applications. In light of the above, government Amendment 9 seeks to vest consideration of the commission’s applications seeking a court order to enforce their disclosure notice with a High Court rather than with a county court. I shall speak briefly to Amendment 10. I believe that its intention was the same as that of our amendment, which is slightly more complete. I hope that the noble Lord will not feel the need to move his amendment. I beg to move.