Dissolution and Calling of Parliament Bill

Brendan O'Hara Excerpts

Consideration of Lords amendments
Monday 14th March 2022 Commons Chamber

I end by calming some concerns that there may be about threats of early general elections. Of course, that is an entirely hypothetical possibility brought to the House’s attention by the Opposition spokesperson. I could not imagine what circumstances would bring that about. There is always a danger of a Prime Minister capriciously seeking early electoral advantage. However, that tends to backfire, as it did in February 1974, when the question was asked, “Who governs Britain?”—from the outcome, that was clearly not the Prime Minister—and indeed as recently as 2017.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I rise to speak in favour of the Lords amendment, which would require any Government seeking to dissolve this House early and call a general election to first seek and receive the support of a simple majority of the Members of this House.

Last year, when the Bill was first introduced by the Government, it was presented as a non-controversial resetting of a mistake that David Cameron made in his attempts to form a coalition with the Liberal Democrats. We were told that Cameron had made a bit of a mess of things, that this Bill would simply take us back to exactly where we were prior to 2010, and that we could almost pretend that it never really happened. However, as we have heard in this place and in the Lords, that is not the case. The Bill is not about reinstating what was in place prior to the Fixed-term Parliaments Act 2011, but rather creates a situation whereby the Executive have even greater powers and the monarch, who hitherto had prerogative powers, merely enacts the Executive’s will to dissolve Parliament.

This Lords amendment seeks to place a very minimal check on the Executive’s power by making any Dissolution of Parliament a decision that has to have the support of the majority of this House. I do not think that our constituents would think that it is too much to ask for those who have been elected to this place, and who serve their constituents in this place, to have some say if a Parliament is to be dissolved early and a general election called.

[Dr Julian Lewis]

I thank the hon. Gentleman for giving way, which is typically gracious of him. He calls it a “minimal check,” but the reality is that it is an absolute veto. If a Government do not have a majority in the House and if the Opposition sense that a Government might well win a majority if they went to the people, the Opposition are basically saying, “We are not going to allow the Government to get a mandate from the people.” That is precisely what would have happened in 2019 if Labour had not, for some reason, given way in the end.

[Brendan O'Hara]

I thank the right hon. Gentleman for that intervention, but that is a decision for this Parliament to take. We are elected to take decisions, and to abdicate that responsibility to the Executive is a dangerous route to go down; we should not do that. He says that it is the people, but we in this Parliament are the voice of the people, and there has to be a check on the powers of the Executive.

[Patrick Grady]

What we are hearing, especially from Government Members, is continued Westminster exceptionalism: that this place, particularly the Executive, once elected, knows what is best. That is why I raised the comparison with the devolved institutions, which operate to strict fixed terms. If they are to devolve early, that has to be a decision taken by the legislature as a whole.

[Brendan O’Hara]

I thank my hon. Friend for that intervention, and he is right. What we are seeing is, as he describes it so eloquently, Westminster exceptionalism, because this does not go nearly far enough. It is the absolute minimum that one would expect.

As Tom Fleming of University College London and his colleague Meg Russell, the director of the constitution unit there, said of this Lords amendment:

“Requiring prior Commons approval for an early general election places some check on the executive, while reducing the likelihood of either the monarch or the courts being embroiled in damaging political disputes.”

They are right, but the problem for Tom Fleming and Meg Russell is in believing or hoping that that this Executive would welcome having checks being placed on their power, be they parliamentary or judicial, because they simply do not.

[John Redwood]

Can the hon. Member explain why Opposition parties in this House are so keen to prevent there being an early election? I thought Oppositions welcomed early elections.

[Brendan O’Hara]

It is very witty to frame this debate in those terms, but I think the right hon. Gentleman is missing the point. This is not about the power to hold a general election; this is about the power being ceded from this place to the Executive and what the Executive choose to do with that power when they get it. I will come on to what their powers could if that happens.

By opposing this Lords amendment, the Government are saying that the decision to dissolve this Parliament and call an election would rest entirely with the Prime Minister, and that that could be done without any parliamentary scrutiny whatsoever and in the absence of any judicial oversight. I suspect that many people watching our proceedings will be surprised to see that the Government are so opposed to the Lords amendment given that it is so limited and that all it seeks is a simple majority in this House.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Is it not strange that Conservative Members who we have had to listen to banging on and on for years about Parliament being sovereign and Parliament having control are now willing to cede that control to the Executive for cheap political gain?

[Brendan O’Hara]

I thank my hon. Friend, and I suspect he may have been reading my speech earlier, because I will come to that issue shortly.

This Government are determined that the Prime Minister, without consultation with or approval from this House and free of the threat of legal challenge, can call a snap general election when it is politically expedient for him so to do. Regardless of what is happening at home or abroad, basically, electoral calculus and the position of the governing party at the time will decide when we have a general election. It is wrong, and I believe it is unacceptable in a modern democracy.

Of course, as my hon. Friend says, a great irony here is that the very limited check that the Government will vote down this evening will be voted down by people who were elected on a promise that this House would take back control. Well, they should realise that they are not taking back control; they are surrendering control. The collective outrage displayed at the general election of 2019 about the perceived emasculation of this Parliament by Brussels and the European Union—they were absolutely determined to restore the sovereignty of what they like to call the mother of Parliaments—is going to look rather hollow when, at the first time of asking, they vote to take powers away from this legislature and hand them over to the Executive. I hope that when they go through the Lobby tonight, they understand that this is not taking back control. Voting with the Government this evening is about this House handing control to the Executive and about abdicating responsibility to the Executive.

At the risk of adding a note of discord, let us have a look at who we will be handing those increased executive powers to. They will be given to a Prime Minister who has illegally prorogued Parliament, who sought to purge his party of all but his most loyal followers, and who had to remove the Whip from a long-standing and highly respected Member simply for being chosen to head a Committee over his preferred candidate. We will be giving greater executive power to a Prime Minister who, in defiance of the security services, ennobled the son of a former KGB officer turned billionaire Russian oligarch, a Prime Minister whose career three weeks ago was hanging by a thread and who has been revealed to be up to his neck in dirty Russian money, and a Prime Minister who is currently under investigation by the Metropolitan police.

If Conservative Members vote to defeat this Lords amendment tonight, that is the character of the man to whom this House will be handing even greater executive power. I advise them to think very carefully about their decision, because this Lords amendment is there to protect the role of the House of Commons, to avoid executive overreach and, ultimately, to protect democracy.

[John Redwood]

Opposition parties are struggling a bit with this idea of democracy, are they not? Taking back control was to have control by the people and for the people, and offering the people an early general election so that they could choose an effective Government when a Parliament was logjammed, hopeless and not prepared to govern with clarity and passion was the right thing to do. I just cannot understand why Labour and the SNP are still queuing up to defend the indefensible, and to say that because they may well be faced again with a situation in which they do not dare face the electors, they need some kind of legal rigmarole and manipulation of votes in a balanced or damaged Parliament to thwart the popular will yet again. “Never let the people make the decision,” they say: it must be contained within Parliament, even when a Parliament has obviously failed, as it did when it could not implement the wishes of the British people over the great Brexit referendum.

I want assurances from the Minister that this new policy will protect the Crown—the Queen—from the difficult business of politics. I think the Minister’s version of it is better than the version from the other place. Of course, it must keep the courts out. There is nothing more political than the decision about when we go to an election and when we give the people their power back and the right to make that fundamental choice. It is a choice that now can mean something, because we do not have to keep on accepting a whole load of European laws that we have no great role in making. Again, we need that absolute guarantee that we will have this freedom so that that can happen.

Those who say that they do not want the Prime Minister to have this much power have surely been in the House long enough to know that, while the Prime Minister has considerable power from his or her office, they are also buffeted and challenged every day by a whole series of pressures in this place and outside. If a leader of a party with a majority wanted an early election that their supporters did not want, I suspect that that would get sorted out without an early election. So we are only talking about what happens when a Government have lost their majority and the Prime Minister is doing his or her best to govern as a minority. We get the extraordinary position we got when the whole Opposition wanted to gang up to thwart the public making a choice, but did not want to govern. That was totally unacceptable, and the Opposition should hear the message from the doorsteps in the 2019 election. The public wanted a Parliament with a Government who could govern, so they decided to choose one. Those who sought to block it made themselves more unpopular, and they showed that they do not understand the fundamental point of democracy that, when Parliament lets the people down, the people must be able to choose a new and more effective Parliament.

Oral Answers to Questions

Brendan O'Hara Excerpts

Wednesday 9th March 2022 Commons Chamber

[The Prime Minister]

The whole House will want to join me in thanking Colin Bell and wishing him a very happy 101st birthday.

[Brendan O'Hara (Argyll and Bute) (SNP)]

Q10. People across these islands have displayed remarkable generosity, including in Argyll and Bute, where Oban Helps Ukraine has been overwhelmed by donations of money, clothes and offers of shelter. Sadly, the Government’s reluctance to allow fleeing women and children to come here lags far behind the desire of the people here to provide them with a roof and a bed. Does not the Prime Minister fear that, when this war is concluded, and despite whatever else they may have done, his Government will stand accused of lacking the one thing that the Ukrainian people needed most: basic humanity?

[The Prime Minister]

I really do not think that that question reflects the views of people around the world. Nor does it reflect reality because this Government have done more than any other European country to support people by way of direct bilateral humanitarian aid, and we have two very generous schemes for allowing people to come to this country. This is a Government who believe in welcoming people fleeing from zones of conflict.

[Brendan O'Hara]

indicated dissent.

[The Prime Minister]

The hon. Member shakes his head. Look at our record. Look at what we have done just in the last two years. He should be proud of what we have done.

Oral Answers to Questions

Brendan O'Hara Excerpts

Thursday 24th February 2022 Commons Chamber

[Mr Rees-Mogg]

If the hon. Lady has had a chance to look at the annunciator, she will have seen that the Prime Minister will be making a statement at 5 o’clock. It is best that my right hon. Friend make the statement, rather than my trying to pre-empt him.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Following this morning’s inexcusable attack on independent Ukraine, may I put on record the SNP’s unequivocal condemnation of President Putin and his actions, and repeat our support for and our solidarity with the people of Ukraine?

I, too, welcome the Secretary of State for fantasy island—sorry, the Minister for Brexit Opportunities—to his place. That was an easy mistake to make, particularly as he believes that Brexit is already a success and that there is no evidence that it has caused trade to drop, despite the Office for National Statistics reporting that UK exports to the EU have fallen by £20 billion in 20 months. How can we trust him to deliver growth when he has hitherto been unable to accept the evidence of the ONS and the experience of just about every exporter in the UK who is losing business while drowning in a sea of paperwork and bureaucracy?

[Mr Rees-Mogg]

I welcome the cross-party support for the actions that the Government are taking in regard to Ukraine, and the cross-party support for the people of Ukraine in these very difficult circumstances.

As regards the hon. Gentleman’s statement about exports, he may have missed the fact that there has been a pandemic. I know that sometimes the SNP does not pay careful attention to public affairs, but the pandemic has had an effect on supply chains across the world and is one of many things that cannot be blamed on Brexit. I am delighted, however, that Scotland is reaping the rewards of Brexit and has decided to have a green freeport, which will be an enormous boost to the economy of Scotland. Perhaps he has noticed that, through the United Kingdom Internal Market Act 2020, more powers have been devolved to Scotland. Is it not eccentric that our Scottish friends would like to be ruled from Brussels, rather than being part of a United Kingdom that works effectively for everybody?

[Brendan O’Hara]

Yet another classic example of “If the facts don’t fit the narrative, ignore the facts.”

Such was the faith that the Minister had in himself to find these Brexit opportunities that the first thing he did was issue a “What would you do in my shoes?” appeal to readers of a national newspaper. I am sure that the suggestions for what he could do came thick and fast, but what was the best suggestion that he received? Will he be implementing it?

[Mr Rees-Mogg]

I have received 1,800 recommendations from the wise readers of The Sun. I believe that the British people have an enormous amount of wisdom from which politicians, particularly politicians in Scotland, could benefit.

Living with Covid-19

Brendan O'Hara Excerpts

Monday 21st February 2022 Commons Chamber

[The Prime Minister]

Yes. One of the things that the online harms Bill does is try to tackle that kind of pernicious online disinformation.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Unless the Prime Minister publishes the full advice which says that this decision was science-led, it will confirm what we have long suspected: that he is prepared to sacrifice anything and anyone to save his own skin. He just claimed that he had been working closely with the devolved Governments on this issue, so why are the Scottish Government and the Welsh Government saying that the first they heard of this “plan” was his throwaway line during Prime Minister’s questions just 10 days ago?

[The Prime Minister]

I should have thought that 10 days was quite a lot of notice.

Sue Gray Report

Brendan O'Hara Excerpts

Monday 31st January 2022 Commons Chamber

[The Prime Minister]

I really think the hon. Lady has got to let the Metropolitan police get on and do their job.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Does the Prime Minister not recognise that the public are rapidly losing faith in the institutions that they must be able to trust if our democracy is to survive? It appears that there is no individual, no organisation, no group and no force whose reputation will not be sacrificed on the altar of saving this Prime Minister. Does he consider the erosion of public trust and the foundations of our democracy a price worth paying to ensure his personal survival?

[The Prime Minister]

I believe that among the foundations of our democracy are due process and the rule of law, and allowing the police to get on with their job, and that is what we are going to do.

Oral Answers to Questions

Brendan O'Hara Excerpts

Thursday 13th January 2022 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Brendan O'Hara (Argyll and Bute) (SNP)]

Repeatedly throughout the pandemic, the devolved Administrations have asked their people to do the right but often difficult thing, which, to their enormous credit, they have. Does the Minister think that the Prime Minister’s remarkable admission that he attended an illegal Downing Street party during a period of strict national lockdown will strengthen or undermine the relationship between the Government in London and those in Cardiff, Belfast and Edinburgh?

[Steve Barclay]

The fact that yesterday I, together with the Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations, was on a call with the First Minister of Scotland, the First Minister of Wales and others underscores the commitment on all sides across the Union to work together on the common challenges we have faced throughout the pandemic. At both official and ministerial level, people have been willing to set party differences aside to respond to a common challenge. Building on the conversation yesterday, that response shows a willingness to work together, and I think that is what the public in Scotland and across the United Kingdom want their elected representatives to do. Certainly in my role I am extremely keen to continue that positive engagement with the First Minister and others in the interests of our electorate.

[Brendan O'Hara]

I assume, therefore, that the answer is, “No, it will not strengthen that relationship.” Still on the illegal party in Downing Street during a strict national lockdown, when did the Minister first become aware that the party had taken place? Now that the Met is finally taking an interest in this matter, what advice has he sought from the Attorney General, ahead of speaking to the police?

Human Rights Legislation

Brendan O'Hara Excerpts

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

My hon. Friend is absolutely right. He refers to the Independent Human Rights Act Review report by Sir Peter Gross, and I again thank Sir Peter and his panel for the extensive work they have done. They have not only shown us the challenges that the Human Rights Act has presented, but given us a range of options and influenced the approach that we have taken—they have certainly informed it. My hon. Friend is also right to highlight the confusion there has been with the case law of the Strasbourg Court, which does not operate, as many civil law courts do not, by adopting precedent; and the way in which, in the UK courts, particularly as a result of section 2, it has virtually been turned into a system of precedent. That is clearly an area where we can reform, and I think we can do it in a sensible way that respects the primacy of the UK courts and gives greater legal certainty for everyone involved.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I thank the Secretary of State for prior sight of his statement, which says that these reforms are necessary to

“curtail abuses of the human rights system”.

This Government regularly tell us that abuses of the system are the reason for all manner of reforms of legislation that simply does not suit them. I know from my experience of the Elections Bill recently that they rarely manage to produce anything other than anecdotal evidence—ironically, evidence that would not stand up in a court of law. So, this time, where is the empirical evidence for this enormous change and where can we see it? The Secretary of State says that the UK will remain a party to the ECHR, but, again, different Ministers give different answers, so will he confirm, once and for all, that every provision in the ECHR will be adhered to in full, without tinkering or equivocation? It takes some brass neck for this Government to invoke a history of upholding human rights, given that this statement comes hot on the heels of multiple dreadful pieces of legislation designed to absolutely trash those rights, be it the Police, Crime, Sentencing and Courts Bill, the Elections Bill, the Judicial Review and Courts Bill or, most appallingly, the Nationality and Borders Bill.

On Scotland, does the Secretary of State have any appreciation of how the Human Rights Act is fundamental to how the devolution settlement works and that any change to that would be a recasting of the UK’s constitution? I have no doubt that he will come back to me saying, “We will consult the devolved Administrations” but that is not enough. We expect—no, we demand—a guarantee that nothing will be done without the Scottish Government’s permission. The Scottish Government have made it absolutely clear that any attempt to erode the Human Rights Act will be robustly opposed. The Secretary of State may have scant regard for the democratically elected Government of Scotland, but he needs to understand just how much the people of Scotland value their human rights and how outraged they will be about this.

The SNP and the Scottish Government will fight to protect human rights across these islands and indeed across the globe. The best way we can do that is simply by voting yes in our next independence referendum, and I thank the Justice Secretary for the part he has played in ensuring that that happens.

[Dominic Raab]

The hon. Gentleman asked about the evidence basis for what we are doing. That has been set out at some length in the independent Human Rights Act review, if he takes the trouble to read it, which was published today and chaired admirably by Sir Peter Gross. It is also set out in the pretty extensive consultation document that we have published. I have said it once today but I am happy to reaffirm that we will stay within the European convention on human rights. We will qualify areas such as article 8—[Interruption.] The hon. Gentleman says “Ah”, but he will know that paragraph 2 of article 8 invites qualification—it admits of it—in the interests of a whole range of reasons, including security. That will allow us to deport more foreign national offenders, in which we have been hamstrung by article 8 as it has been interpreted under the Human Rights Act. I am pretty sure that the people of Scotland, and the people across the UK, want us to be able to deport more serious, dangerous offenders from these shores.

The hon. Gentleman asked about the devolved Administrations. We are very sensitive to the devolved settlement. As he knows, the Human Rights Act is UK-wide legislation and a protected enactment under the devolution settlement, and ending it is therefore a matter for the UK Government, but we also recognise that the devolved legislatures can legislate on human rights in areas that are devolved to them, and that will remain the case. I look forward to consulting with the relevant devolved Administrations and with civil society in all the nations of the UK.

Oral Answers to Questions

Brendan O'Hara Excerpts

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

My hon. Friend talks a lot of common sense, as ever. I will be saying something shortly about our plans to reform human rights. One thing that we can do is to avoid that kind of abuse of the system, on top of the efforts that the Home Secretary is making; since January 2019, we have removed close to 10,000 foreign national offenders, and the early removal scheme in the Nationality and Borders Bill will allow foreign national offenders to be removed earlier.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Last week, the Under-Secretary of State for the Home Department, the hon. Member for Corby (Tom Pursglove) steadfastly refused to confirm that the UK would remain in the European convention on human rights. This morning, we read that the UK will do so. Can the Secretary of State confirm that we will remain a signatory and will continue to respect the provisions of the ECHR in full?

[Dominic Raab]

I have already made it clear before this House that we plan to stay, and will stay, a state party to the European convention.

[Brendan O’Hara]

The former Justice Secretary, the right hon. and learned Member for South Swindon (Robert Buckland), warned that any attempt to alter the Human Rights Act would make the UK less secure. Yesterday, GCHQ, MI5 and MI6 warned that changing the Human Rights Act would make it more difficult to fight terrorism. What assessment has the Secretary of State made of what they have said? As he launches his consultation today, will he commit himself to taking very seriously what senior figures in our security services have said?

[Dominic Raab]

I am not going to respond to claims or anonymous reports in the papers about what the security services may or may not say, but I am absolutely clear that the reforms that we will take will strengthen our protection in a whole range of areas that have been undermined by the Human Rights Act.

Oral Answers to Questions

Brendan O'Hara Excerpts

Thursday 25th November 2021 Commons Chamber

[Nigel Adams]

I have a lot of time for the hon. Lady, but we will not be abolishing the House of Lords any time soon. Peerages, as I said, reflect long-standing contributions to civic life and give these people an opportunity to put something back and contribute to public life.

[Brendan O'Hara (Argyll and Bute) (SNP)]

At last week’s Liaison Committee, my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) asked the Prime Minister if he would

“stop sending big-value donors to the House of Lords”.

The Prime Minister replied:

“Until you get rid of the system by which the trades union barons fund other parties…we need to continue with the system by which public-spirited people give donations.”

Mr Speaker, I believe that the Prime Minister’s answer comes dangerously close to an admission of selling peerages, in direct contravention of the Honours (Prevention of Abuses) Act 1925, and is worthy of further investigation. Will the Minister undertake that investigation or does he think it is sufficiently serious to involve the Metropolitan police?

[Nigel Adams]

Again, the answer is no. One of the most valued aspects of the House of Lords is the experience that Members bring to their work. The idea that successful businesspeople and philanthropists who contribute to political causes should be disqualified from sitting in the legislature is nonsense. There is no link between party donations and nominations to sit in the House of Lords. [Laughter.] The law has been followed at all times. The police have said that there is no evidence that the law has been broken.

[Brendan O'Hara]

I admire the Minister’s ability to say that with a straight face. It is disappointing but not surprising that he appears to believe there is absolutely nothing wrong with the system. Maybe he can take this opportunity to explain why, since 2010, no fewer than 22 of the Tories’ biggest backers, who have donated a total of £54 million to their coffers, have been elevated to the House of Lords. Will he explain why he believes that stuffing the House of Lords full of wealthy donors, cronies, political allies and those unwilling or unable to be elected somehow enhances and improves our democracy?

[Nigel Adams]

Again, successful businesspeople should not be disqualified from sitting in the legislature. The hon. Gentleman made a point about the number of people who have been appointed since 2010. I gently point out that there are just over 800 Members of the House of Lords and 408 of them were appointed by the Opposition when they were in power between 1997 and 2010.

Elections Bill (Second sitting)

Brendan O'Hara Excerpts

Wednesday 15th September 2021 Public Bill Committees

[Chloe Smith]

[Brendan O’Hara]

[Brendan O’Hara]

[Brendan O’Hara]

[The Chair]