Commentary on Sections Section 1: Donations
9.Section 1 makes amendments to the Northern Ireland (Miscellaneous Provisions) Act 2006 (“NIMPA”) and the Political Parties, Elections and Referendums Act 2000 (“PPERA”).
10.Subsection (1) makes the temporary provisions inserted into PPERA by section 14 of and Schedule 1 to NIMPA permanent.
11.Subsection (2) inserts a new section 15A into NIMPA, giving the Secretary of State the power to amend or modify the current donations regime to increase (but not to reduce) transparency. It gives the Secretary of State the power to amend, repeal or modify any enactment connected with political donations, provided that the overall effect is to increase transparency. Any secondary legislation made under this power will be subject to the affirmative resolution procedure.
12.Subsection (2) also inserts a new section 15B into NIMPA. This restricts the power of the Secretary of State to increase transparency in relation to “protected information”, which is information from which it is possible to identify a person who made a donation before 1 January 2014 (during the prescribed period). The Secretary of State cannot (a) permit or require the publication of protected information; (b) reduce the maximum penalty for an offence of disclosure of protected information; or (c) allow persons to access protected information in the Electoral Commission’s register. Section 15B does not prevent the Secretary of State from permitting or requiring the publication of other information which would not reveal the identity of a person who made a donation before 1 January 2014. For example, the Secretary of State could require the publication of some information, such as the size of donations, the nationality of donors, or whether the donor was an individual or a corporation.
13.Subsection (3) creates an exception to the provisions preventing disclosure of information reported to the Electoral Commission. Any information contained in reports submitted to the Electoral Commission, including information that would reveal the identity of a person who made a donation before 1 January 2014, can be published if the donor has consented to information being disclosed.