Data Protection and Digital Information Bill – in the House of Commons am 4:15 pm ar 29 Tachwedd 2023.
Amendments made: 256, page 111, leave out line 7 and insert—
“(A1) For the purposes of section 87(2)(a) and (b)—
(a) “democratic engagement activities” means activities whose purpose is to support or promote democratic engagement;
(b) “democratic engagement” means engagement by the public, a section of the public or a particular person with, or with an aspect of, an electoral system or other democratic process in the United Kingdom, either generally or in connection with a particular matter, whether by participating in the system or process or engaging with it in another way;
(c) examples of democratic engagement activities include activities whose purpose is—
(i) to promote the registration of individuals as electors;
(ii) to increase the number of electors participating in elections for elected representatives, referendums or processes for recall petitions in which they are entitled to participate;
(iii) to support an elected representative or registered political party in discharging functions, or carrying on other activities, described in section section 87(2)(a) or (b);
(iv) to support a person to become a candidate for election as an elected representative;
(v) to support a campaign or campaigning referred to in section 87(2)(c), (d) or (e);
(vi) to raise funds to support activities whose purpose is described in sub-paragraphs (i) to (v);
(d) examples of activities that may be democratic engagement activities include—
(i) gathering opinions, whether by carrying out a survey or by other means;
(ii) communicating with electors.
(1) In section 87 and this section—”
This amendment clarifies the meaning of “democratic engagement activities” in clause 87, which confers power on the Secretary of State to create exceptions from direct marketing provisions in the PEC Regulations (defined in clause 82) for certain communications activities.
Amendment 257, page 111, leave out lines 18 and 19.
This amendment is consequential on Amendment 256.
Amendment 258, page 111, line 26, after “(4)” insert “and (4A)”.
This amendment is consequential on Amendment 264.
Amendment 259, page 111, line 26, leave out “and (5)”.
This amendment is consequential on Amendment 265.
Amendment 260, page 111, line 26, at end insert—
““election activities” , in relation to a registered political party, means—
(a) campaigning in connection with an election for an elected representative, and
(b) activities whose purpose is to enhance the standing of the party, or of a candidate standing for election in its name, with electors;
“elector” means a person who is entitled to vote in an election for an elected representative or in a referendum;”
This amendment inserts definitions of terms used in provision inserted by Amendments 255 and 256.
Amendment 261, page 111, line 33, at end insert—
““registered political party” means a person or organisation included in a register maintained under section 23 of the Political Parties, Elections and Referendums Act 2000;
“successful” , in relation to a recall petition, has the same meaning as in the Recall of MPs Act 2015 (see section 14 of that Act).”
This amendment inserts a definition of terms used in provision inserted by Amendments 255, 256 and 264.
Amendment 262, page 112, line 39, at end insert—
“(ga)a mayor for the area of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023 | section 118A of the Representation of the People Act 1983, as applied by the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67)” |
This amendment adds mayors for the area of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023 to the list of elected representatives for the purposes of clause 87 (exceptions from direct marketing provisions under the PEC Regulations).
Amendment 263, page 113, line 31, leave out
“period of 30 days beginning with the day after the”.
This amendment decreases the period for which former MPs and members of the devolved legislatures continue to be treated as "elected representatives" for the purposes of clause 87 (exceptions from direct marketing provisions under the PEC Regulations) following a general election.
Amendment 264, page 113, line 32, at end insert—
“(4A) For the purposes of the definition of “elected representative” in subsection (1), where a member of the House of Commons’s seat becomes vacant as a result of a successful recall petition, that person is to be treated as if they were a member of the House of Commons until the end of the day on which the resulting by-election is held or, if earlier, the day on which the next general election in relation to Parliament is held.”
This amendment extends the period for which a member of the House of Commons who is the subject of a successful recall petition continues to be treated as an “elected representative” for the purposes of clause 87 (exceptions from direct marketing provisions under the PEC Regulations).
Amendment 265, page 113, line 33, leave out subsection (5).—(Sir John Whittingdale.)
This amendment removes the extension of the period for which former elected members of the Common Council of the City of London are treated as continuing to be “elected representatives” for the purposes of clause 87 (exceptions from direct marketing provisions under the PEC Regulations) following the annual Wardmotes.