Fixed-term Parliaments Bill

Christopher Chope Excerpts

Wednesday 24th November 2010 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

When we talk about the law of unintended consequences, which applies big time to the provisions of the Bill, will my hon. Friend not apply that in his mind to what is happening in Ireland at the moment? There is a constitutional crisis that requires the Prime Minister, in honour, to put an issue to the electorate for a general election. This Bill would preclude the Prime Minister from doing a similarly honourable thing in this country.

[Mr Cash]

My hon. Friend with his customary originality brings into play a contemporary example. Imagine a two-thirds rule being applied in respect of Mr Cowen at this moment. Be in no doubt, there would be riots in the streets of Dublin. This is an essential question about the irresponsible manner in which this power could be used to induce results that are fundamentally undemocratic.

--- Later in debate ---

[Chris Bryant]

My hon. Friend is absolutely right. I understand that for there to be a super-majority in this Parliament, 434 votes in favour would be required, although that is before the Bill currently before the other place, the Parliamentary Voting System and Constituencies Bill, comes into operation in an unamended form. We are talking about 434 out of the 650 seats at the moment. As I have said, the arrangement leaves some things completely uncertain; I presume that the Speaker and the Deputy Speakers would not be allowed to vote.

That brings us to another interesting point, which is that, as you will know, Mr Hoyle, under the Standing Orders and the custom of this House, the Speaker and the Chair do not vote unless there is an equality of votes. That is different from the arrangement in the other House, where the Speaker or the Chair of the Committee is able to vote twice. The commonly accepted provision, as stated in “Erskine May”, has then been as follows for the Speaker:

“it is usual for him, when practicable, to vote in such a manner as not to make the decision of the House final”.

In a vote such as I am describing, there would not have been equality of votes, but if one side had got to 433 seats, would the Speaker be allowed to vote or not? This is slightly complicated when there are 650 seats, but if the number is reduced to 600, as suggested in the Government’s proposals in the other Bill, 400 seats would be the mark that we would have to reach. If the vote is on a knife-edge, would the Speaker and the Deputy Speakers, or the Chair of the Committee, be allowed to vote on such a measure? Importantly, this is not just about the Speaker. If the vote were on a Budget and if we took the advice of the hon. Member for Aldridge-Brownhills that in some situations a Budget decision or a financial decision would be considered a motion of no confidence, the provision would relate not to the Speaker, but to the Chairman of Ways and Means or one of the other Committee Chairmen, who would be chairing.

As my hon. Friend the Member for Scunthorpe (Nic Dakin) said, many difficult elements are involved in operating a super-majority. The biggest problem arises where the Government or the Opposition table a motion seeking to get to that figure and an early general election, and obtain more than half the seats in the House but do not reach the two-thirds majority. In what state would that leave the Government? Would a motion of no confidence immediately have to be tabled for us then to be able to proceed to the other measures? Or would that original motion, by its very nature, have been considered a motion of no confidence, because the Government declared it to be a matter on which winning the vote was an issue of confidence? Again, this provision is either a dangerous or entirely unnecessary element.

[Mr Chope]

Does the hon. Gentleman accept, therefore, that amendment 4 is the most important in this group? If so, will he argue in support of having a vote on it, if my hon. Friend the Member for Epping Forest (Mrs Laing) withdraws amendment 33?

[Chris Bryant]

I am enthusiastically in favour of having a vote on amendment 4, because it goes to the nub of the issue; in large measure, it deals with the only issue of significance in this group of amendments.

--- Later in debate ---

We need to be careful about the Bill and the amendments to it. We want to ensure that fixed-term Parliaments are in place and that it is not so easy for parties to break whatever convenient glass is to hand in case of emergency. I am persuaded that there is a need for a weighted majority provision, and for a vote that is different in character from confidence votes, which are not threatened by the Bill. If anything, the Bill provides for a situation similar to the one in Ireland in 1994, so I have no argument with it on that score. I do question the terms on which the threshold will operate, and when I question the effectiveness of some of the amendments, I do not in any way give up my cynicism about the nature and purpose of parts of the Bill and its twin, which has now gone to the other House.

[Mr Chope]

I am against the Bill because of the lack of flexibility in it. From what the hon. Member for Foyle (Mark Durkan) has just been telling us, I think he agrees that if we have a fixed-term Parliament, a lack of flexibility is inevitable. He said that in the current constitutional and financial crisis in Ireland it is reasonable that its Parliament should be able to call what he described as an early general election rather than an immediate one.

However, the consequence of the Bill will be that if we had a constitutional and financial crisis in this country similar to the one besetting the Irish people—God forbid that that should happen—the hon. Gentleman or I might ask my right hon. Friend the Prime Minister whether he intended to call an early general election so that the people could have their say. Under the terms of the Bill, the Prime Minister would turn around and say to me or the hon. Gentleman, “I am sorry, but I don’t have the power to call a general election now. The only way I can engineer one is for you to put down a motion of no confidence in me, with the humiliation that it would involve, or for me to try to get a two-thirds majority in the House to facilitate it.” The Prime Minister would lose the right to call an election. The Minister seems to think that is a good idea, but I do not. I trust the Prime Minister’s judgment on such issues, and I think we should trust the people and let them decide.

When our good friend Edward Heath was Prime Minister, he decided to call an early general election to deal with the miners’ strike. The people reached their verdict. Basically, they said, “We think that you have proved yourself unworthy to remain in office.” The fact that a Prime Minister calls an early general election does not necessarily mean that they are going to win it. Whether they win or not is a matter for the people.

If there was a financial or constitutional crisis, such as the one in Dublin, a reasonable Prime Minister—I should like to think of my right hon. Friend the Prime Minister as a reasonable man—would say, “In the light of what has happened, we should call a general election. We should call it now. We should not have to have a contrived vote in the House of Commons. I wish to go to the Queen and ask her to exercise her prerogative to call an immediate general election.”

[Mark Durkan]

In Dublin, a budget needs to be passed and then people can make a legitimate judgment. The imperative is to get a budget passed to create some economic and financial stability to boost confidence in the wider markets—not just for the Irish economy but for other economies both inside and outside the eurozone that will be under pressure. There will be an election in late January and that is known, but at least the Dail has the opportunity to pass a budget.

[Mr Chope]

I will not get involved in the detail of what is happening in Ireland at the moment. If a similar situation were to happen in this country, people might well turn to their Members of Parliament and say, “Why should we trust this Government to pass another Budget when it has made such a Horlicks of the current arrangements? Why don’t we elect a new Parliament and a new Government to deal with the crisis?”

[Mr Harper]

At first, my hon. Friend said that this Bill would not provide any flexibility. Then he set out two ways in which we could have an early election. Our proposition is that it would be up to this House rather the Prime Minister to call an early election. The Prime Minister could come to this House, put down a motion and then Members could decide whether they wanted an early election to deal with the financial crisis. To give the power to this House and not leave it with the Prime Minister is an improvement.

--- Later in debate ---

[Mr Chope]

Where we all part company with my hon. Friend is on the issue of whether a 50% plus one majority should suffice. That is where the amendment of my hon. Friend the Member for Stone (Mr Cash) comes in. In the hypothetical situation that we describe, a majority of this House may decide that there should be a general election, and surely that is reasonable. Why should we have to have the constraints of a two-thirds majority, which is a contrivance in itself?

I had the privilege of introducing the first Adjournment debate in this Parliament when we discussed the issue of the 55%. I like to think that it was largely because of the cross-party ridicule of the 55% arrangements in the coalition agreement that the Government decided to think again. They did think again, but they reached the wrong conclusion. They should have gone back to saying, “Let’s have a bare majority” rather than going to the artificial two-thirds majority. They tried to pray in aid, falsely, the Scottish precedent, which was discredited during that first Adjournment debate and on a number of other occasions as not being in line with our situation. In Scotland, there was full public consultation on the new Parliament and the way in which it could be dissolved early, short of the expiry of the fixed term. After that discussion, the Scotland Act 1998 was brought in with the arrangements set out in it.

In the United Kingdom, a general election took place. I and others were elected on the Conservative manifesto. We then found that we did not have an overall majority, so we were forced to go into a coalition Government—at least that was the decision that was taken. We are now told that only a two-thirds majority can bring this Parliament to an early end, short of a vote of no confidence in the Prime Minister. I have all sorts of objections to that proposal, not least that it is effectively retrospective legislation. If this House is to legislate to fix the lengths of Parliament, it should legislate for the lengths of future Parliaments, not the current one. I object to the proposal, and I hope that it is taken up in the other place.

I also reject the idea of the artificial two-thirds threshold, which has not been discussed anywhere. When my hon. Friends consider whether to join my hon. Friend the Member for Stone in the Division Lobby on amendment 4, they should bear in mind not only that the two-thirds threshold was not in the Conservative manifesto, but that it was not even in the coalition agreement. They should be free to say to their Whips, “I said I’d go along with the coalition agreement, albeit reluctantly, but I am certainly not signing up to amendments to the coalition agreement that the Government make on a whim and expect me to support automatically. I’m going to look at each issue on its merits, and I see no merit whatever in the two-thirds majority.”

In conclusion, the excellent speech by the right hon. Member for Blackburn (Mr Straw) was well worth listening to. He speculated about the motive and urgency of the Government’s proposal. We know what the urgency is: the Government are split completely over the AV referendum. The Liberal Democrats and the Conservatives—the majority party—both want to be sure that the other does not pull the rug from under the coalition Government after that referendum. It is quite possible in my submission that the Conservatives will lose, although I hope not, but who knows what will happen in that game of Russian roulette?

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. Such an experienced Member will know that the referendum is not quite part of this group of amendments. I am sure that he would like to get back to the amendment.

[Mr Chope]

Absolutely, Mr Hoyle. I am sorry, but the right hon. Member for Blackburn, who is a former Home Secretary and holder of many other important national offices, drew me down that road of speculation.

To sum up, the Government have a motive to cover either outcome of the AV referendum. It suits both parties in the coalition to prevent an early general election, which is why they want a fixed-term Parliament—they want to assure themselves of a longer period in office. I say only this: good luck to them, but they should not expect me to vote for the Bill tonight.

[Tristram Hunt]

I wish to speak to amendments 33 and 34. Even though I, too, am a member of the Political and Constitutional Reform Committee, I did not put my name to them. As the hon. Member for Epping Forest (Mrs Laing) suggested, they allow us to pursue the idea of exclusive cognisance, and of this place having control of its powers rather than being opened up to external powers, particularly the possibility of the courts intervening in the parliamentary process.

As my hon. Friend the Member for Rhondda (Chris Bryant) said, the Clerk of the House has repeatedly warned Members that the provisions of the Bill

“impinge upon Parliamentary privilege and…may bring the Courts and Parliament into conflict”,

and yet the Government seem unwilling to heed any such advice. When the Clerk of House appeared before the Political and Constitutional Reform Committee, with his usual subtlety and modesty, and we tried to press him on whether he had been consulted on the developments behind the Bill, he rather averred in his answer. The Government consider that

“this Bill would cause no such rebalancing and that the Bill will not in any way open up parliamentary proceedings to the jurisdiction of the courts.”

That is an idea that the amendments are beginning to tease out. In their reply to our Committee, the Government also said that insufficient time for pre-legislative scrutiny is a

“natural consequence of legislating at the beginning of the first term”.

I am a new Member in this place, but I do not regard that as a sufficient excuse for some of the lacunae that we have seen opening up in the course of our scrutiny of this legislation.