"This is not a technical or non controversial Bill. ...in many respects it is profoundly undemocratic and militates against the independent and independent minded" (Hansard, 29 Nov 2000).

The Act is over 250 pages long, and not always easy to read. Much of the legislation comes into force on 16 February 2001. An Electoral Commission ('Commission') will police elections, referendums and the relevant activities of third parties (e.g. campaigning groups or individuals). Explanatory Notes for public guidance are normally available 2-3 days after the publication of Acts. Although the Act was published on 8 Dec 2000, on 15 Jan 2001 Explanatory Notes were still unavailable and without any clear target date. Commission staff have preferred to hold on giving advice until their release.

The Commission's brief includes promoting awareness of UK electoral systems, also 'EU institutions'. They may provide grants in delegating some of their education and information functions. Some key decision making powers are vested in the 'Secretary of State' (Home Secretary, Jack Straw MP).

Typically, any group wishing to stand candidates for local/national government or European Parliament elections must first be registered as a political party which involves significant bureaucracy and cost. Only in the lowest-level parish & community elections are parties exempted from having to register to put up a slate of candidates. However candidates may still stand with a sole Description "Independent".

Parties will not be registered unless their 'financial structure' has been approved by the Commission.

Donations are to be regulated, and forbidden, anonymous or untraceable donations must either be repaid or forfeited into a Commission fund. Donor identity must be checked (e.g. against a name on the electoral register). Special treatment for recording donations of more than £1k/£5k may apply, and reporting requirements may require considerable donor information & even declarations! (Schedule 7) .

Overseas donations are generally forbidden, however, separate rules for Northern Ireland allow NORAID type donations to continue. Parties operating in Great Britain as well as Northern Ireland must register and conduct their affairs separately in both.

State funding for 'policy development' grants is available up to a (current) total ceiling of £2m/year, but only for parties with 2 MPs as at the preceding general election. Precise wording insists that the party has at least 2 MPs that have taken the oath. Lesser support is available to help with initial administration under the Act.

Expenditure is tightly controlled beyond what a candidate can spend under 'Representation of the People Act'. Apart from obvious items incurred on a national, regional or local basis, such as leaflets and adverts, calculation must be made for the use of premises, sponsorship (e.g. staff working in a company's time).

Perhaps the most sinister part of the legislation. Community and interest groups wishing to promote their views through certain media also stand to be hit - even if they don't refer to a party, candidate or election - unless their spend is relatively low. For example all of the following would seem affected by the Act:

A strangely-worded section covers "Election material" - any material in any form that may influence the electorate in 'future relevant elections' - whether imminent or not. (S. 85) This must be a 'controlled expense' in the same sense as political parties' expenses.

"Election material" could be interpretable as including anything "made available to the public at large or any section of the public" - even teenagers too young to vote or foreign citizens who are not electors. (Additional rules on content are hidden in Part X, Section 143)

Newspaper adverts, public meetings, leaflets, posters; even websites & telephone use would appear to be "controlled items". As would "sponsorship", such as any work done in paid time, ditto the provision of premises or other facilities, which must be calculated 'at market cost'. However press articles/letters, election related broadcasting, travel & subsistence and voluntary services would appear to be exempt.

The small print advises that this straight-jacket on promoting proper public debate will continue even past a [parliamentary] general election or other significant election. Individuals and groups need, not just to "notify" but to renew this annually, with only three months' grace. The small print however requires renewal at 11 months not 15 months where controlled expenses are involved.

If you register ("notify") you may be required to declare an un-itemised total for your expenditure before registration in the relevant return date, which will be governed by the return period for the relevant election. Although local elections do not have their own expenditure limits, the spend must be rolled up into that allowed for a higher election (e.g. a general election.).

The law is complex and 250 pages of new and subjectively-interpreted material will undoubtedly make criminals out of previously law-abiding people. It is possible to detect a link between promoting political parties' candidates and "third parties" (even those with no overtly political intent). To avoid a criminal conviction, a defendant campaigner could claim that he took all steps possible to avoid his material being promoted - which is almost ludicrous. (See S.110)

Schedule 16.2 regards anything provided for the 'benefit' of a candidate except on commercial terms as being a donation - so unsolicited and even disapproved third party spending could technically breach set limits and result in an offence if not declared by a candidate. (Clarification is being sought)

Expense accounting is made complicated for bodies that campaign across at least two of England, Wales, Scotland, N Ireland - it needs to be apportioned across the number of Parliamentary seats in each area. Currently third party spending limits are £10,000 (England), £5,000 (Scotland, Wales, NI) unless the third party is registered - so a UK ceiling of rather less than £25k may apply . An operating period of up to one year is assumed, although this may be bound by poll dates.

Controlled expenditure can only be made by an identified ("responsible") person or someone authorised in writing by them. Care is also needed - any "controlled expenditure" during a "regulated period" includes spend made before the registration of a recognised "third party" (Section 94(10)). Seemingly, a campaign in progress at 16 Feb 2001 and deemed to be "election affecting" could exceed expenditure limits [whichever] that were subsequently imposed in spite of being within the law before 29 Nov 2000!

(Clarification is being sought on 'regulated' and 'return' periods)

The legislation raised the prospect of Free Speech not being free i.e. individuals and groups needing to pay to register ("notify") in order to fully express themselves. After lobbying on this, New Alliance has had indirect confirmation that there will be no charge, but the Commission has yet to formally confirm this.

If re-elected the Government are likely to hold a referendum towards scrapping the Pound. The new legislation un-levels the playing field very much in their favour, not least in permitting high spending powers to unnamed but established pro-Euro parties. (They have also already earmarked over £15 million of taxpayers' money for promoting the Euro, compared with £13 million for extra flood defences!).

Business For Sterling also claimed that the proposals would shackle campaign group spending for up to six months before a referendum, while allowing the Government to spend freely up to 28 days before. (TBC). As you can seemingly spend money on a referendum before one is called, such spending on a likely referendum topic might also be considered as possibly falling under "third party" too.

(Clarification also being sought)

"Permitted participants" must register if they want to be able to spend more than £10,000. Their limit will then be £500,000. Controls on donations and spending (receipts) apply to permitted participants.

The Electoral Commission can also pick the official camp supporting the Government - and its opposition.

For instance, it is not conceivable that anyone other than the established Business For Sterling-New Europe 'No' campaign will be able to act as the 'No' campaign within the new rules should the most likely referendum, on the 'Euro' be called. This will give them a monopoly on public grants and providing broadcasters with "broadcasts" (even interviews?) promoting a particular referendum result (Sections 108, 109, 127).

Remember that the Labour Party rigged the system for nominating the candidate for London's Mayor, so that the views of London members were subjugated to the will of tame MPs & the Millbank machine.

And the Government has been criticised for effectively ignoring the spirit of their own law in rushing through a large donation before the new PPERA rules came into force. This is all from a government claiming to promote 'human rights', such as equality of opportunity, freedom of expression and privacy !!!

Please write ASAP to the Electoral Commissioner BRIEFLY to request that a full set of orders from the Secretary of State are reproduced on their website, so that interested parties can know what is expected of them. Also where the language is ambiguous or otherwise unclear they provide a liberal interpretation that keeps the administration as simple as possible and encourages democratic participation. (Please do not enclose any unrelated items that may distract).

Don't expect an early letter of reply, as they are currently very busy. Also, as their staff are like us victims of this avalanche of bureaucracy, tactfully point out that your dissatisfaction is aimed at the Government, not them. Experience has shown that they do try to be helpful, which may reduce our pain in managing to keep within the law.

If you or your group find compliance requirements unreasonable, complain publicly through the media and ensure that readers are reminded over the Government's gerrymandering to get what it, not ordinary people, wants! (Please also keep New Alliance informed).

Click to read on-line - www.uk-legislation.hmso.gov.uk/acts/acts2000/20000041.htm

Text of Act. Also available from The Stationery Office (0870-600 5522) for £18.60p
Click for The Stationery Office info - www.hmso.gov.uk/

Click for Electoral Commission website - www.electoralcommission.gov.uk

Euro figures (£7.5m + £8.7m, rounded down - Lord Simon for the government, 1999). Flood defences - DETR; all figures courtesy of Business For Sterling; see website report, 23 Nov 2000, (www.no-euro.com)

First Release, 26 January 2001
Compiled by: Brian Mooney

(May be reproduced so long as the New Alliance address is given)