Public Elections: declaration of donations exceeding the current threshold for declaration in law (P.120/2019) – amendment [P.120-2019 Amd.]

STATES OF JERSEY

r

PUBLIC ELECTIONS: DECLARATION OF DONATIONS EXCEEDING THE CURRENT THRESHOLD FOR DECLARATION IN LAW (P.120/2019) – AMENDMENT

Lodged au Greffe on 14th January 2020 by the Privileges and Procedures Committee

STATES GREFFE

2019  P.120 Amd.

PUBLIC ELECTIONS: DECLARATION OF DONATIONS EXCEEDING THE CURRENT THRESHOLD FOR DECLARATION IN LAW (P.120/2019) – AMENDMENT

____________

1  PAGE 2, PARAGRAPHS (a) and (b) –

At the beginning of both paragraphs (a) and (b) insert the words "subject to public consultation".

2  PAGE 2, PARAGRAPH (c) –

In paragraph (c) after the word "Committee" insert the words "to incorporate these matters in its forthcoming consultation on election expenditure and, subject to the outcome of the consultation,".

PRIVILEGES AND PROCEDURES COMMITTEE

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

1. subject to public consultation to make it a legal requirement for donations received by election candidates and third parties in elections which exceed the current threshold for declaration in the law (£120) to be declared and made publicly available (including online) within 2 days of receipt;
2. subject  to  public  consultation  in relation  to  donations  to political parties of, or worth, £120 and above –

1. the name of the donor and the value of such donations must be declared to the Judicial Greffier within one week of receipt;
2. the  Greffier  should  maintain  a  register,  published online and available otherwise for public inspection, showing all of the information declared in respect of each donation to each party; and
3. anonymous donations should be treated in the same way  as  anonymous  donations  are  currently  treated under  the  Public  Elections  (Expenditure  and Donations) (Jersey) Law 2014;

3. to request  the  Privileges  and  Procedures  Committee  to incorporate these matters in its forthcoming consultation on election  expenditure  and,  subject  to  the  outcome  of  the

consultation, to bring forward for approval the changes to legislation necessary to give effect to this proposition.

Page - 3

P.120/2019 Amd.

REPORT

The Privileges and Procedures Committee is drawing up a consultation document in order to seek views on how to implement 2 propositions adopted by the Assembly in 2019 on election expenditure (P.6/2019 and P.7/2019). These propositions deal with a variety of matters, including how election expenditure is described in law, the process for declaring expenditure, and online publication of expenditure returns. The Committee does not have a view at this stage on the merits of the Connétable 's proposition, but is conscious that donations to candidates are included in expenditure returns, so changes in this area should be considered alongside the other changes the Committee is currently contemplating. In addition, one of the issues the Assembly has asked the Committee to consider is whether parties should be required to declare their election costs, which is linked to the question of how donations to parties are dealt with. Consequently, the Committee's  view  is  that  the  ideas  put  forward  by  the   Connétable  should  be incorporated into the Committee's consultation document, which it intends to issue in February.

Financial and manpower implications

There are no financial or manpower implications arising from this amendment.