division_name: European Union Referendum Bill (Programme) (No. 2) &#8212; Schedule 1 &#8212; Campaigning and Financial Controls
motion: <p pid="b.122.1/1" pwmotiontext="yes"><i>Amendment proposed:</i> 53,&#160;page&#160;19,&#160;line&#160;23, leave out paragraph 26 and insert&#8212;</p>
  
  <p pid="b.122.1/2" pwmotiontext="yes">&#8220;26 (1) Section 125 of the 2000 Act (restriction on publication etc of promotional material by central and local government etc) has effect for the purposes of the referendum with the following</p>
  
  <p pid="b.122.1/3" pwmotiontext="yes">modifications (which clarify the effect of certain provisions of that section and apply it to public bodies in Gibraltar).</p>
  
  <p pid="b.122.1/4" pwmotiontext="yes">(2) Subsection (1) has effect for the purposes of the referendum as if for paragraphs (a) to (d) there were substituted&#8212;</p>
  
  <p pid="b.122.1/5" pwmotiontext="yes">&#8220;(a) provides general information about the referendum,</p>
  
  <p pid="b.122.1/6" pwmotiontext="yes">(b) directly addresses the question of whether the United Kingdom should remain a member of the European Union or leave the European Union (however that question is worded in the material),</p>
  
  <p pid="b.122.1/7" pwmotiontext="yes">(c) contains any statement or claim that&#8212;</p>
  
  <p pid="b.122.1/8" pwmotiontext="yes">(i) a particular outcome in the referendum, or</p>
  
  <p pid="b.122.1/9" pwmotiontext="yes">(ii) the United Kingdom&#8217;s remaining a member of the European Union or leaving the European Union,</p>
  
  <p pid="b.122.1/10" pwmotiontext="yes">would have particular consequences or might have such consequences, or</p>
  
  <p pid="b.122.1/11" pwmotiontext="yes">(d) is designed to encourage voting in the referendum.&#8221;</p>
  
  <p pid="b.122.1/12" pwmotiontext="yes">(3) Subsection (2) has effect for those purposes as if after paragraph (a) there were inserted&#8212;</p>
  
  <p pid="b.122.1/13" pwmotiontext="yes">&#8220;(aa) the Government of Gibraltar or any Gibraltar government department; or&#8221;.</p>
  
  <p pid="b.122.1/14" pwmotiontext="yes">(4) Subsection (3) has effect for those purposes as if&#8212;</p>
  
  <p pid="b.122.1/15" pwmotiontext="yes">(a) for paragraph (b) there were substituted&#8212;</p>
  
  <p pid="b.122.1/16" pwmotiontext="yes">&#8220;(b) anything done by or on behalf of the Electoral Commission or a permitted participant designated under section 108 (designation of permitted participants to whom assistance is available);&#8221;, and</p>
  
  <p pid="b.122.1/17" pwmotiontext="yes">(b) after &#8220;Sianel Pedwar Cymru&#8221; there were inserted &#8220;or the Gibraltar Broadcasting Corporation&#8221;.</p>
  
  <p pid="b.122.1/18" pwmotiontext="yes">(5) Subsection (4) has effect for those purposes as if after paragraph (a) there were inserted&#8212;</p>
  
  <p pid="b.122.1/19" pwmotiontext="yes">&#8220;(aa) &#8220;the referendum&#8221; means the referendum under section1 of the European Union Referendum Act 2015;&#8221;.</p>
  
  <p pid="b.122.1/20" pwmotiontext="yes">(6) For the purposes of the referendum the following subsection is to be treated as inserted after subsection (4)&#8212;</p>
  
  <p pid="b.122.1/21" pwmotiontext="yes">(5) A reference in this section to expenses being defrayed wholly or mainly out of public funds includes those expenses being defrayed wholly or mainly by means of&#8212;</p>
  
  <p pid="b.122.1/22" pwmotiontext="yes">(a) payments out of&#8212;</p>
  
  <p pid="b.122.1/23" pwmotiontext="yes">(i) the Gibraltar consolidated fund; or</p>
  
  <p pid="b.122.1/24" pwmotiontext="yes">(ii) monies voted by the Gibraltar Parliament; or</p>
  
  <p pid="b.122.1/25" pwmotiontext="yes">(b) payments by the Government of Gibraltar or any Gibraltar government department.&#8221;&#8221;&#8212; <i>(Mr Lidington.)</i></p>
  
  <p class="italic" pid="b.122.1/26" pwmotiontext="yes">This amendment applies section 125 of the 2000 Act with modifications which: clarify that the prohibition relates to material which is directly relevant to the referendum; apply section 125 to Gibraltar; and add an express reference to the Electoral Commission as a body to which the section does not apply.</p>
  
  <p class="italic" pid="b.122.1/27" pwmotiontext="yes">The House divided:</p>
  
  <p pid="b.122.1/28" pwmotiontext="yes">Ayes 285, Noes 312.</p>