Dissolution and Calling of Parliament Bill

Debate between Jackie Doyle-Price and Alex Norris

Consideration of Lords amendments
Monday 14th March 2022 Commons Chamber

[Alex Norris]

I cannot agree with the right hon. Gentleman, because the reality is that before those parties could even come together to form that possible alternative Government, the Prime Minister could be in the car and on the way to call the election, and that process would be rendered moot. I cannot support that.

[Jackie Doyle-Price]

Many Members may find it rather difficult to think of a scenario when we would not need to have such a vote, but if other Members have watched “The Crown”, we have seen the example—a very fictitious one—where the scriptwriters wrote the moment when the then Prime Minister Margaret Thatcher was losing the confidence of her parliamentary party and had that fictitious meeting with the Queen. In building legislation that will last, we need to ensure that we have sufficient, adequate checks so that any Prime Minister will not abuse their position. Is the truth of the matter not that we are going back to the status quo ante? Indeed, the existence of the ouster clause that excludes the courts means that the Government are going further than that.

[Alex Norris]

It is definitely fair to say that there are new arrangements. That is why the Minister said the amendment would be inappropriate, but I do not think it would be. By the way, I have not seen “The Crown”; my wife and I are working our way through “Flip or Flop”, and there are 160 episodes of it, so it may take some time. In the scenario that the hon. Lady talks about, we have seen in recent history Prime Ministers who are losing the confidence of their party talking in terms of “Back me or sack me”. The reality is that the Bill, without this minor safeguard, would mean that a “Back me or sack me” moment, rather than it being won as a parliamentary process with a party’s Back Benchers, would instead play out as a party psychodrama with the general electorate. I think that would be a bad thing.

I will finish with three further quick arguments against giving the Government the power they seek, or at least not without this minor fettering suggested by the Lords. First, it comes back to a question of electoral advantage and ensuring that elections are fair. It is an age-old argument, and an issue that has launched a thousand dissertations—it was one of the major reasons for the 2011 Act—but it has become only more salient since then. Over the past 12 years, we have seen increasing restrictions on party and non-party activity, and the Elections Bill will put more in. These provisions are backdated, and that provides a significant advantage for candidates of the current governing party during the short campaign period, but the advantage grows further for parties, as the regulated period for political parties is now 365 days prior to election day. It is a heck of an advantage to know that start. The amendment would not completely get rid of that, but it would even the scales, and that is another good reason to support it.

Secondly—others colleagues have brought this up, and if I stray out of order, I know I will be told off, so I will be very quick—surely the real lesson to take from that 2019 episode is that by including a parliamentary rubber stamp on Dissolution, we remove any risk of dragging the Crown into such a decision. I think all right hon. and hon. Members would seek to avoid that, because it was an unedifying moment.

Hon. Members have mentioned the courts and the justiciability of the decisions. The Lords amendment would settle that for certain because a vote in this House would be a definitive answer. I know that the Government think that the Bill’s ouster clause will resolve all matters relating to the courts, but I say to them that we will see; I do not think it is as definitive as they say.

I urge the House to support the Lords amendment. The Minister has made a passionate exposition of his case. I gently say to Conservative Back Benchers that the Bill is obviously targeted at restricting the activities of the Opposition, but that means them too. I see some mischievous faces, including the hon. Member for Hazel Grove (Mr Wragg), who is an independent figure. They mean to fetter their own—[Interruption.] The Minister says otherwise, but I gently say to him that the last time that was tested with the Government, which was the first week of September 2019, 21 of your colleagues lost the Whip—