Fixed-term Parliaments Bill

Bernard Jenkin Excerpts

Monday 13th September 2010 Commons Chamber

[The Deputy Prime Minister]

It is not in the Bill, but it is a consequence of it. If we have fixed-term Parliaments, we need to revisit the way in which Sessions are organised.

We must retain flexibility on an exceptional basis, allowing us to deal with unexpected crises or conditions that make it necessary to move the election—for example, a repeat of the foot and mouth crisis, which led to the postponement of elections in 2001. In such circumstances, the Prime Minister will, by affirmative order, be able to vary the date of Westminster elections by up to two months, either before or after the scheduled date. Such a move will require the consent of both Houses, thereby preventing this power from being abused in a partisan manner.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I put it to my right hon. Friend that these proposals, whatever the merits of fixed-term Parliaments—personally, I do not support those proposals—smack of gerrymandering the constitution in favour of a particular coalition? That is definitely a bad thing. It is a subjective judgment to suggest that this is giving power to Parliament, as it can be argued that it is taking it away from it. Does this not smack of constitution making on the hoof? What we need is a proper constitutional convention to consider such a major change to our constitution.

[The Deputy Prime Minister]

I do not agree that this is an innovation made on the hoof, as it has been discussed for decades. I am disappointed that my hon. Friend does not recognise that taking a power away from the Executive after years in which they have been too dominant in relation to the legislature is a step in the right direction, providing more powers to Parliament that do not exist at present. It is also fully in keeping with democratic practice in many other democracies.

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[Mr Jenkin]

Why?

[The Deputy Prime Minister]

I shall explain. It is not a simple yes or no choice to a referendum question, but raises a host of questions about how people are governed at the UK-wide and devolved level by different parties and different politicians. With elections to the devolved legislatures every four years and to Westminster every five years, such a situation would occur every two decades. With the next occurrence in five years, we have time to plan for it, but we need to give the issue proper further thought. There is already scope in legislation to vary the dates of elections to devolved legislatures, and the Government are now actively considering whether those powers are sufficient. We have not yet reached a conclusion—we will be very interested to hear the views of others—but if we decide that further powers are needed, we will put forward proposals for an alternative.

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[The Deputy Prime Minister]

I would like to make some progress.

In the event of an early Dissolution, under whatever circumstances, the decision will be confirmed by the issuing of a Speaker’s certificate, meaning that there will be no ambiguity about whether the House had voted for a Dissolution with the requisite majority or whether a vote of no confidence in the Government should trigger a Dissolution. It will also mean that procedures of the House will determine whether the triggers are satisfied, rather than that being in the hands of either the Executive or the courts.

As I said earlier, I know that the Clerk of the House of Commons has expressed concerns about these arrangements in a memorandum to the Political and Constitutional Reform Committee. The memorandum suggests that the courts may be able to intervene in parliamentary business. The suggestion is that we would therefore be better off implementing the changes through Standing Orders rather than primary legislation. I would like to reassure the House that the Government have looked into the issue in considerable detail. We are satisfied that the provisions in the Bill will not allow the courts to question the House’s internal affairs.

The Minister for political and constitutional reform, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), has placed in the Libraries of the House a paper setting out our views. Briefly, we are satisfied that the courts will continue to regard matters certified by the Speaker as relating to proceedings in Parliament and therefore falling under the protection of article 9 of the Bill of Rights. The memorandum refers to the legal challenge in 2005 to the Hunting Act 2004 as authority that courts will interfere in parliamentary proceedings. However, that case was concerned with the validity of the Parliament Act, not the internal proceedings of Parliament.

[Mr Jenkin]

rose—

[Mr Cash]

rose—

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[The Deputy Prime Minister]

I am grateful for that clarification. I strongly agree with the hon. Gentleman, and we agree with the Committee’s conclusions on this point. Given the constitutional significance of the Bill, which has been underlined by many Members during the debate, it would be inappropriate for those significant constitutional provisions to be translated into Standing Orders. They need to find their way into primary legislation, and into law.

In the event of an early Dissolution, and an early general election, the new Parliament will run until the first Thursday in May in the fifth year of its existence, unless, of course, it too is subject to early Dissolution. Questions have been asked about whether the new Parliament should run for the full time, or whether its life should be limited to whatever period its predecessor had left on the clock. Our view is that resetting that clock is a more sensible proposition. That is the arrangement that will be most natural to voters; people do not expect to elect a Parliament knowing that it will last only a short time. When they hand a Government a majority, they are giving them a mandate to govern for up to five years.

[Mr Jenkin]

I am grateful to the right hon. Gentleman for giving way. He is being assiduous, and the House appreciates that. I put it to him bluntly, however, that the Bill takes away from a simple majority in the House the right to cause a general election and puts into the hands of, perhaps, himself leading a minority party the ability to withdraw his support from one party and give it to another in order to form an Administration, without the risk of a general election. Is that really fair?

[The Deputy Prime Minister]

First, that is precisely the position now, as the hon. Gentleman knows. Secondly, he is viewing the Bill through a prism of—how can I put it?—suspicion, which really is not justified. It gives new powers to the House, and I hope that he will come to that view himself as it is examined on the Floor of the House, as it should be. The Bill is giving new powers to the House in addition to the powers of no confidence that do not already exist, which we are also strengthening in turn.

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[Mr Jack Straw (Blackburn) (Lab)]

The Labour party manifesto contained a commitment to legislate for fixed-term Parliaments, as did that of the Liberal Democrats, as we have heard. The Conservative party manifesto included no such commitment whatever, and as the hon. Member for Christchurch (Mr Chope) reminded the House at the beginning of the Deputy Prime Minister’s speech, the proposition from the then Leader of the Opposition, now Prime Minister, was directly contradictory to that contained in the Bill. His proposition was that, were there a change of Prime Minister during a Parliament, that change should trigger a general election within six months of the new Prime Minister taking over. As a direct consequence of the Bill, that solemn commitment at the general election has been not just bypassed but wholly contradicted.

I am quite sure that the process that led to the Bill, following the general election, was entirely one of cerebration and consideration of the balance of the intellectual arguments—

[Mr Jenkin]

Of course.

[Mr Straw]

I note the hon. Gentleman’s comments from a sedentary position, and he is often right about these matters. I am quite certain that the process had absolutely nothing whatever to do with horse trading about a deal.

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[Mr Straw]

From a sedentary position, again, my hon. Friend prompts me to correct myself: Conservative Members in the Government have made a Pauline conversion, although it is palpable from today’s debate that, unlike St Paul, they have taken few voluntary converts with them.

If the Government and the House get the Bill right, it will be a positive innovation for our democracy. I do not share the Deputy Prime Minister’s hyperbole, but I certainly share his belief that it is a step forward, not a step back. We intend to work constructively to deliver what would be a significant constitutional change. For that reason, we will not divide the House tonight. However, let us be clear from the outset: the Bill as currently drafted does not stand up to scrutiny, even the limited scrutiny that the Government have permitted the House to date. The Bill will need substantial revision if we are to be able to support it on Third Reading, as we had wished to do.

The introduction of fixed-term Parliaments is intended to strengthen Parliament and fetter the Executive, and to make the political process more legitimate in the eyes of the public by reassuring them that the date of elections can no longer be at the whim of the Prime Minister. We have heard a lot about the power of the Prime Minister. Having known one or two Prime Ministers, I think that many Prime Ministers and potential Prime Ministers would rather not have the right and power to call a general election, as it has a brutal logic: if they win, they have made the most positive decision of their life; if they lose, they are almost always out of office, too.

[Mr Jenkin]

Can we take it that the right hon. Gentleman has also reached a completely dispassionate judgment, and that his decision to allow the Bill a Second Reading is in no way coloured by the possibility that his party will end up in government without a general election if it is passed?

[Mr Straw]

Funnily enough, I had not thought of that. Perhaps I should have. It is not that I am innocent of such considerations, but on this occasion it had not occurred to me.

The Bill does botch the job, however. It provides for a standard Parliament to be too long, at five years. It fails to clarify the procedures for confidence votes, opening up the possibility of a lame-duck Administration and constitutional limbo. It leaves a large loophole enabling Prime Ministers to use the prerogative power to prorogue Parliament, as happened recently in Canada. The mechanism for triggering an early Dissolution of Parliament may impinge—I put it no more strongly than that—on parliamentary privilege by creating the risk that courts could intervene on parliamentary proceedings.

Much of the incoherence of the Bill is a consequence of the unnecessary haste with which it is being rushed through Parliament. A week ago, the House debated the Second Reading of the Parliamentary Voting System and Constituencies Bill. That too is being rushed through, with the Deputy Prime Minister breaking all previous undertakings about the importance of pre-legislative scrutiny.

If Members accept the imperative of a May 2011 date for the alternative-vote referendum—although I do not—at least the right hon. Gentleman has a fig leaf of an excuse for seeking to rush that Bill through at this early stage, but palpably no such excuse exists for rushing this Bill through. Had there been any justification, such as a packed legislative programme which might have hit the end-of-Session buffers, that excuse would have been blown away this morning by the ill-thought-through announcement by the Leader of the House that the current Session is to last for two full years.

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[Mr Straw]

On the hon. Gentleman’s first point, it would have been difficult for me not to notice that he had taken an interest in privilege in relation to the Parliamentary Standards Bill, as he was scarcely ever not on his feet complaining about something or other that I was doing from the Treasury Bench. The Clerk was absolutely right to raise the issue and in the end we got through it. We were genuinely up against the clock with that measure, because the leaders of all three main parties had agreed both a timetable and broad outline contents.

In this case, I am not coming down on one side or the other, but the issue is sufficiently worrying that we need to take our time.

[Mr Jenkin]

rose—

[Mr Straw]

Many Members want to speak, and as I have spoken at some length I want to conclude.

Legislation for fixed-term Parliaments is a desirable objective and it could be achieved on a cross-party basis, but that requires the Government to go back to the drawing board and respond to the valid criticisms that have been made about the Bill. We want to play our part in helping them to do that and, as I said, we shall not oppose Second Reading, but we want considerable revisions, which require more time and considerably greater opportunity for scrutiny. It also—if I may say so—requires the Deputy Prime Minister in particular to adopt a more measured, considered and consultative approach than has been evident to date. I fully accept that the House’s not knowing about the note on privilege was an error and in no sense intentional, but I have to say that it is very aggravating and does not improve the environment in which the House receives such measures. I hope that we can see a different approach from Ministers. Although most Members support the principle, a huge amount of detail has to be got right before there is any chance of the legislation becoming law.