Fixed-term Parliaments Bill

Debate between Lord Marks of Henley-on-Thames and Lord Butler of Brockwell

Tuesday 10th May 2011 Lords Chamber

[Lord Butler of Brockwell]

Since it is agreed that the legislation is not necessary to bind the present Government, what purpose can it possibly have except to bind future Governments?

[Lord Marks of Henley-on-Thames]

My Lords, that is an important point, but the answer is that if you legislate on the principle, as this Bill when an Act will seek to do, the electorate will be entitled to know what it is voting for at any election. Will it get a fixed-term Parliament unless the legislation is amended or repealed, or will the Government and the Prime Minister retain the right to choose when to go to the country? If the Government decide to repeal the legislation or amend it, they are likely to put that in their manifesto. On the basis of these amendments, the Government will have the right after the election to determine what the electorate has given them. That, in my respectful submission, is wrong in principle.

Furthermore, the amendments are inconsistent with the Parliament Act 1911. By that Act, the House of Commons can insist on legislation that does not extend the life of a Parliament and this does not extend the life of a Parliament, with the exception of the possible two-month extension, and we do not know what will happen to that. This House can only delay legislation. By these amendments, because of the provision for a resolution of both Houses, the power of this House would be there to deny passage to a resolution that the House of Commons wished to pass. That again is contrary to the principle and militates against these amendments.

The so-called sunrise clause in Amendment 25 would cause chaos. By way of example, under Amendment 25, the schedule would come into force only to the end of the first meeting of the next Parliament, but that schedule is the one that would repeal the Septennial Act 1715 among other things. Would that suddenly come back into force after the next election?

The amendments are understated in their presentation. They hand straight back to the Prime Minister and the Government of the day, with no need for legislation, the power to choose the timing of the next election. That is the answer to the point made by the noble Baroness, Lady Jay, when she intervened on my noble friend Lord Tyler.