Measures to limit the election expenditure of election candidates

1240/5(3646)

WRITTEN QUESTION TO THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE BY DEPUTY G.P. SOUTHERN OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY 15th JANUARY 2008

Question

1. Will the Chairman of the Privileges andProceduresCommittee inform memberswhether the Committee has considered including organisations akin to "Elect Jersey 2005" (which donot have to register as political parties) in measures to limitthe election expenditure ofelectioncandidates(or their parties) and if not,when will itdo so?
2. Will the Chairman advise how he proposes to regulate or to investigate members' declarations of expenditure; the sourcesof such expenditure (whether from individuals,or from non-accountablebodies, as above); benefits in kind,such as services provided atnominalcost; or positive coveragein non- regulated websitesas part of a service purporting tobe a "neutral" medium?
3. Will the Committeebe bringing any measures to regulate election expenditure to the States, in time to ensure a levelplaying field inthe2008 elections, and if not, why not?

Answer

1. I am pleased to be able to answer this question to update memberson the progressof legislation to regulate election expenses by candidates.

T h e i ssue of the expenditure by third parties during election campaigns has been one of the most difficult

issues for PPC to deal with during its work on the regulation of election expenses. Although the Committee initially thought it might be appropriate to outlaw all expenditure by third parties it received legal advice that this course of action would not be human rights compliant in a democratic society where third parties must be free to express their views. The Committee will nevertheless be including measures in the legislation being brought forward which will regulate and limit expenditure by third parties. In this context third parties could include individuals, registered political parties or lobby organisations, including those that do not have to register as political parties. The intention of the legislation will be to ensure that all possible steps are taken to create a level playing field for elections although it is only proper to reiterate, as mentioned above, that in a democratic society no undue or disproportionate restriction must be imposed on the expression of political viewpoints and comments.

2. The legislation being proposed byPPCwill include a monetarylimitoncandidates' expenditure that will be made upof a basicsumsupplementedbyanadditionalamountrelated to the numberof electors in the relevant constituency.The principles will bebroadly in line with theCommittee's consultation document on this issuepresented to the States on 15th January 2007(R.2/2007).The restriction on expenditure will include moneyreceived from donationsor professional servicesreceivedat reduced cost although, for the avoidance ofdoubt,PPCwishes to make it clear that the wide ranging assistance provided to candidates in Jersey by volunteers will not be restricted. Candidates will be required to make a declaration of expenditure following the election setting out not only the total expenditure incurred(whichmust be within the statutory limit) but also setting out the source of expenditure. Candidates who receive assistance ordonations will therefore berequiredto provide details of this in their return ofexpenditure. Any expenditure incurred on behalf of a candidatewithouthisorherknowledgeorconsent will be regulated by the measures relating to third parties referredabove.Although it wouldbe inappropriate in a democratic society to restrict the circulation of purely factual information aboutcandidatesand policies, any websites that are created for the purposeofencouraging the electorate to vote for or against any particular candidatewillbe covered by the regulation of third parties. The legislation will provide that the

initial returns of expenditure by candidates are submitted to the Judicial Greffe after an election, in view of the

role of the Royal Court in overseeing elections. The legislation will contain criminal offences for any breaches of the rules and any alleged offences will be investigated as criminal offences in the normal way.

3. T h e drafting of legislation relating to election expenses was included in the 2008 Law Drafting programme and comprehensive instructions wereforwarded to the LawDraftsmenon 17th December 2007. Although the Committee had been workingon this issue for some time the matter ofthird party funding required considerableresearchand legal advice and itwas this aspect that delayed the preparation of complete drafting instructions. The Committee's intention is to presentthe legislation as triennial Regulations as the legislation relatesto a purelydomesticmatterfor Jersey and does not require the amendmentof any existing primary legislation. As triennial Regulations do not require sanctionby the Privy Council the Committee is confident that the necessary measures can be debated bythe States and, if approved,beinforce before the elections in theautumn of 2008.TheCommittee's intention is to convert the triennial Regulations into primary legislation in thelightofexperienceafterthe2008 elections.