Representation of the People (Amendment) Bill, 2020 is tabled in Parliament, 8th May, 2020
Some highlights from the Statement by Prime Minister Dr. the Honourable Keith Rowley in the House of Representatives on Friday 8th May, 2020. The new amendment will impact Campaign Reform in the following ways:
New Division
- Expand the EBC’s remit by establishing a division – the Office of the Registrar of Political Parties responsible for carrying out specified administrative functions and duties and establish a Register of Political Parties.
Registration of Political Parties
- Require any association or body of individual citizens of our country intending to be classed and operated as political parties, to apply to the EBC to be registered.
- Introduces a system of voluntary and involuntary de-registration of political parties.
- The Bill will also introduce a mechanism for merger and coalition arrangements between or amongst political parties.
Donations
- Executive Officers of registered political parties to account for funding through audits, the filing of returns and the provision of statements of accounts.
- Sources of donations and the process for receiving them will be regulated through the establishment of a National Election Campaign Fund.
- A specified category of persons and entities that would be permitted to contribute to a political party and candidate of their choice.
- This category will include all citizens of our country who are 18 years and older, citizens in diaspora abroad, Trade Unions, Friendly Societies, NPOs, Building Societies and domestic companies.
- Establish a specified class of non-permissible donors such as:
- Foreign governments
- Agents of those governments
- Entities engaged in illegal activities
- State bodies.
- Donations made in excess of fifty thousand dollars ($50,000.00) shall be regarded as a tax deductible expense and must be publicly disclosed.
- Published information concerning such donations must clearly identify the donor, the nature and amount of that donation and the date the donation is made.
Tendering for Government contracts
- Where a person, company or other entity makes a contribution to a registered political party or a candidate, in excess of fifty thousand dollars ($50,000.00):
- Within two years before making the contribution, had entered into a Government contract in excess of two million dollars, must declare the contract to the Commission no later than fourteen (14) days.
State Funding for all parties
- All registered political parties will be entitled to receive state funding.
- The EBC will be responsible for:
- The administration of the system of allocation
- Payment of the funds from the Consolidated Fund
Advertisements
- Advertisements can only be made by eligible promoters, that is, persons authorised by a registered political party or candidate to publish an election advertisement.
- Such advertisements must contain a statement setting out the name and address of the promoter.
Regulations to Support the Bill
- The Bill will empower the Minister to make Regulations, on the recommendation of the Commission, to accompany this law.
Existing Parties must comply
- A transitional provision in the Bill provides that a political party existing immediately before the commencement of this proposed law, would be required to comply with the legislation within a specified time frame.
- Party symbols which existed immediately before the commencement of the legislation will be deemed as registered.
According to Dr. Rowley:
The Bill proposed by the Government adopts an egalitarian model of campaign finance laws. The objectives of egalitarianism are:
Political equality, lowered campaigning costs, preserving integrity and credibility of the political system, ensuring transparency through disclosure, non-discrimination and equitable access to public funding.
This egalitarian model is is used in several countries, including the United Kingdom, Canada, New Zealand, Kenya, India, Jamaica and the Turks and Caicos Islands.
The Bill is a simple majority Bill and the Government proposes, in order to ensure that all interests are fully articulated on a matter of such national importance, that the Bill be referred to a Joint Select Committee for consideration.