All 2 Desmond Swayne contributions to the Early Parliamentary General Election Act 2019

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Tue 29th Oct 2019
Early Parliamentary General Election Bill
Commons Chamber

2nd reading: House of Commons & 2nd reading: House of Commons
Tue 29th Oct 2019
Early Parliamentary General Election Bill
Commons Chamber

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons

Early Parliamentary General Election Bill Debate

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Department: Cabinet Office

Early Parliamentary General Election Bill

Desmond Swayne Excerpts
2nd reading: House of Commons
Tuesday 29th October 2019

(4 years, 5 months ago)

Commons Chamber
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Caroline Johnson Portrait Dr Johnson
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The point I was trying to make is that the Government have tried every avenue to deliver Brexit, but this Parliament and this Opposition have done everything they can to stop it.

Desmond Swayne Portrait Sir Desmond Swayne (New Forest West) (Con)
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The argument that the proper thing to have done was to extend the time available is undermined by the fact that the greatest enthusiasts for that voted in principle against the Bill. By “scrutiny” they merely mean amending the Bill so that it no longer represents the agreement and the negotiations have to be restarted and the whole wretched cycle can begin again.

Caroline Johnson Portrait Dr Johnson
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My right hon. Friend is exactly right.

The Prime Minister was told that he could not reopen the withdrawal agreement, but he did. He was then told that he could not remove the backstop from that agreement and could not gain other important changes, but he did. He was then told that he could not get a deal that, in principle, was voted for and supported by this House, and on Second Reading he did. But then the Opposition voted to prevent it from being discussed, because it cannot be discussed without a timetabling motion, and they voted against that.

Early Parliamentary General Election Bill Debate

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Department: Cabinet Office

Early Parliamentary General Election Bill

Desmond Swayne Excerpts
3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Tuesday 29th October 2019

(4 years, 5 months ago)

Commons Chamber
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Michael Tomlinson Portrait Michael Tomlinson
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I will take your comments very seriously, Dame Rosie, and bring my remarks to a close shortly.

My hon. Friend makes a very interesting point. I have not received information directly, from the editor of The Sun or anyone else, about the rights and wrongs. Quite often they are whispers in the wind with no truth attached. They might be true on this occasion, but I have not heard. I agree, however, that it would be incredibly helpful to know if that were the case, because then speeches may be curtailed or changed. I repeat my point: whether it is on a Friday, a Monday, a Thursday—whatever the day—we will be prepared and ready. It does seem that there are advantages to a Thursday as opposed to a Monday, but if it happens to be a Monday, so be it. We will get on and fight it.

Desmond Swayne Portrait Sir Desmond Swayne (New Forest West) (Con)
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I understand that moving the election date to 9 December would imply a Dissolution this Thursday, which would greatly constrain those of us who have made arrangements on Friday and early next week for Parliament Week. There are all sorts of protocols with respect to schools about having Members of Parliament visit them, but we would no longer be Members of Parliament and they would be obliged by those protocols to invite all the candidates, which is very difficult to arrange at short notice.

Michael Tomlinson Portrait Michael Tomlinson
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That was a rather longer intervention than some of my right hon. Friend’s interventions, but he makes a very good point. During the campaign, we will no longer be Members of Parliament, which has a bearing not just on schools and school visits, but on events such as Remembrance Sunday. I understand we are expecting a ruling or some guidance from Mr Speaker on that point.

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Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
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Thank you, Madam Deputy Speaker, for allowing me to catch your eye. I intend to make a very short contribution to this important debate. I am delighted to follow my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson). He is one of the up-and- coming Members, and he has made some useful and telling points.

This is the fourth time Parliament has been asked to hold a general election. The nation has been in schism, unable to do anything worthwhile as the dreadful problem of Brexit hangs over us. I should have infinitely preferred this Parliament to have sorted the Brexit problem out so that we could have left the EU on 31 March, before holding a general election, but the fact is that we have not sorted it out, and we are now in this position.

We are in this position because the coalition Government, under my right hon. friend the then Member for Witney, passed the Fixed-term Parliaments Act 2011, which the Bill seeks to amend. That Act was passed in a very different time. It was passed with the purpose of ensuring that the coalition could not end early, and it was passed in undue haste, without proper consideration of what the consequences might be in a situation in which there was no overall majority in Parliament. I think that one of the first things that whoever gains a majority in the House after the election will want to do is revisit the Act to see whether we want to alter its provisions so that we never get into this situation again.

As I have said, for too long this Parliament has been paralysed. It has been three years and four months since we held the referendum.

Desmond Swayne Portrait Sir Desmond Swayne
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Seems longer.

--- Later in debate ---
Nigel Evans Portrait Mr Evans
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I do not believe so. It was used as the venue for the count for the by-election and the subsequent general election, which was fortunately only 12 months after, because I lost the by-election, but then won the general election in 1992.

We do not want to lose any school time. Nativity plays have been mentioned. We do not want to lose nativity plays, either. It has been said that losing some nativity plays at least brings to an end the farce that has gone on here. I fully appreciate that, but we do not want to inflict any sorrow on children who have been rehearsing for their nativity plays. If the election is on 12 December rather than 9 December, it will give schools the opportunity to plan ahead and to make sure that the rooms that are used will not conflict with any nativity plays.

Whether the election is on 9 or 12 December, people who are listening to this debate ought to take the opportunity now to ensure that they have postal votes or proxy votes. I have already bumped into a number of people who told me that they are going trekking in the Himalayas and are going to be away for five weeks. People are going on cruises and all that sort of stuff. I hope that people take precautions now. The most important thing at a general election is for people not to lose their vote and to be able to participate in helping to vote for the next Government of this country. Whether the election is on 9 or 12 December, I hope people vote Conservative and ensure that we deliver the Brexit that they voted for at the referendum.

Desmond Swayne Portrait Sir Desmond Swayne
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I do not know if it is just my easy-going charm, but the worst I have ever heard in Pontypridd, West Bromwich and the New Forest is, “Sorry, mate—I’m Labour.” I hope that the Hansard reporters will not feel the necessity to record verbatim some of the words that we have heard this evening.

When the Minister replies, I would like him to comment on the implications of the difference of the three days between the two dates that stand before us and how that will impact on the date for nominations, and whether those days will fall either side of the publication of the new electoral register. When the new nomination form is filled out, the electoral numbers have to be recorded, and those numbers will undoubtedly have changed after 1 December. Is that going to present a problem? If so, I wonder if the Minister could draw attention to that.

John Whittingdale Portrait Mr John Whittingdale (Maldon) (Con)
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My right hon. Friend raises an important point. There is an essential democratic process that needs to be conducted before a general election, which is the selection of candidates. I suspect quite a large number of constituencies have not yet selected candidates. Members of local associations need these extra few days to have time to go through that process, and to avoid having candidates imposed from the centre.

Desmond Swayne Portrait Sir Desmond Swayne
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We have had two Divisions in recent weeks on whether there should be an election, so I would have thought that those associations ought properly to have attended to the question of getting on with selecting candidates. I am sorry to hear that they have not, but there is not much that we can do about that. Certainly, the additional days would be of some assistance.

Crispin Blunt Portrait Crispin Blunt
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My right hon. Friend should understand that, of course, central parties have a role in overseeing the selections in constituency associations. Therefore, a timetable has been applied to associations, which are anxious to select their candidates, but they have not been able to do so. I know that because of my engagement with East Surrey, which is not keen to have a selection shortlist of the kind that it had in 2010.

Desmond Swayne Portrait Sir Desmond Swayne
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I can assure my hon. Friend that the independent members of my New Forest association would not tolerate anyone imposing a candidate or superintending the process, and I would hope that other constituencies would follow a similar line.

I will, if I may, come to the question of students. We have heard that, overwhelmingly, students choose to vote at home, that postal and proxy votes are available, and that 40 of the top universities will still be sitting on 12 September.

I believe that my hon. Friend the Member for Ribble Valley (Mr Evans) was quite mistaken in an earlier intervention on my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson). He implied that students could be registered at only one address. That is not the case. Students are entitled to register at both addresses. Of course, it is important that they vote at only one of them. When I was the chairman of the Saint Andrews University Conservative Association—a former friend, Alex Salmond, will remember these events well—I saw it as my duty to ensure that all members of the Conservative Association were registered at both addresses, so that, in an election, we would be able to inform them as to where their vote would count for more. I undertook that task. Unfortunately, on the evening of the referendum, I think, in 1979, I was visited by members of Special Branch and charged with 53 offences against the False Oaths (Scotland) Act 1933. I got off the charges, but nevertheless it was certainly a very frightening experience. In those days, universities and university political associations went to great lengths to ensure that all their members were registered at both addresses. If that has continued, then it should not be a problem.

I conclude by saying that, having heard the speech—the very impressive Second Reading speech—of the hon. Member for Birmingham, Yardley (Jess Phillips), I can assure my hon. Friends that I would not be voting for this Bill with any great enthusiasm if she were the leader of the Labour party.

William Cash Portrait Sir William Cash
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The clause stand part provisions raise very important questions of principle, which we must consider very carefully. It all goes to the question of the Fixed-term Parliaments Act 2011 itself. On Second Reading, I made the point very clearly—for those who are interested in looking at how that disgraceful Act was put through the House—that I was very, very strongly against it. I looked through the Division lists earlier on. I see my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) in his place—I think that he was the Parliamentary Private Secretary to the Prime Minister at the time. I incurred the wrath of the Prime Minister by my absolute determination to do everything possible to ruin the Fixed-term Parliaments Act. In fact, I am afraid to say that we managed to muster only 10 Members of Parliament, and not always that. On one occasion, I found myself with just one other person—the then Member of Parliament for Aldridge Brownhills, Sir Richard Shepherd. He and I ended up as the only ones who voted on that. That is why I am specifically thinking about the manner in which this important Bill is being brought through the House. There was a particular amendment that I took the gravest interest in during the passage of the Fixed-term Parliaments Act, and we are now dealing with an amendment to make provision for a parliamentary general election to be held on 9 December as compared with 12 December—the date in the Bill itself. It has already been ruled that clause stand part is an integral part of these proceedings, and I have every intention of making the points that I want to make on that, having had the ruling that I did from the previous incumbent of the Chair.

I refer to a very important website called the Public Whip. When I got my information from the Library today, I noticed that the Public Whip said that I—the Member of Parliament for Stone—was very “strongly against” the Fixed-term Parliaments Act. I can tell hon. Members why, and it is very simple. I was against it because it gave the Whips an undemocratic power and created the shenanigans of upsetting the rule regarding simple majorities for general elections; and that is why we are in the mess we are in now.