UK Parliament / Open data

Parliamentary Voting System and Constituencies Bill

That may well be the explanation. If so, that element of confusion in my mind is no longer of any relevance. However, I turn to page 102, where there is a particularly interesting section. Section 100 of the 1983 Act, ““Illegal canvassing by police officers””, is largely transferred to the Bill. That section reads: "““No member of a police force shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy””," but the Bill would delete ““as proxy”” and substitute ““in the referendum””. It does not say ““No member of a police force acting as a police officer””; it simply says: "““No member of a police force””." If we were interpreting that literally, I would suggest that it meant that, as a police officer, you cannot, "““by word, message, writing or in any other manner, endeavour to persuade any person””—" that could be a friend or relative— "““or dissuade any person from giving, his vote, whether as an elector””," in the referendum. I would have thought that that was unenforceable, so why is it in law? Why does it remain in the 1983 Act in that form when there have probably been no prosecutions—unless I can be corrected—over the 27 years since the legislation was originally introduced? The transferred Section 111, on page 102 of the Bill, is headed, ““Prohibition of paid canvassers””. It states: "““For ‘an election’ substitute ‘the referendum’””." In other words, the Bill has been made to mimic the provision in the 1983 Act. Section 111 of the 1983 Act states that it would be an offence: "““If a person is, either before, during or after an election””—" ““the referendum”” is substituted for ““an election””— "““engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a candidate’s election””;" we are talking about the referendum in this case. However, some people who are campaigning will be paid—I presume this applies in the yes campaign, and perhaps even in the no campaign—to carry out precisely that function. In the 1983 Act this comes under the heading of ““Prohibition of paid canvassers””, but what is a canvasser in terms of interpretation of the law? Someone seems to have gone through the 1983 Act, lifted all the sections, deleted the words ““election to Parliament”” or whatever, inserted ““referendum”” and perhaps not thought through in great detail where that section is relevant to the campaign on the referendum that is to take place in May this year. That is all I have to say at this stage in the debate.
Type
Proceeding contribution
Reference
724 c1435 
Session
2010-12
Chamber / Committee
House of Lords chamber
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