Fixed-term Parliaments Bill Debate

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Department: Cabinet Office

Fixed-term Parliaments Bill

Jacob Rees-Mogg Excerpts
Tuesday 18th January 2011

(13 years, 3 months ago)

Commons Chamber
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Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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I beg to move, That the clause be read a Second time.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss new clause 5—Expiry and revival of section 2—

‘(1) Section 2 expires when the Parliament summoned to meet in May 2010 dissolves.

(2) In the course of the first month of the day of first meeting of any Parliament after the expiry of section 2 as a result of subsection (1) above, the Minister may by order bring the section back into force for the remainder of that Parliament.

(3) An order made under subsection (2) above is to be made by statutory instrument and shall not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

(4) If no order has been made under subsection (2) above, an early parliamentary general election is to take place only if the House has passed a motion that there should be an early parliamentary general election.

(5) The polling day for an early parliamentary general election under subsection (4) above is to be the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister.

(6) If a polling day is appointed under subsection (5) above, the reference in section 1(4) to the polling day for a parliamentary general election appointed under section 2(6) shall be construed as if referring to a day appointed under subsection (5) above.’.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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May I begin by thanking the Minister for the enormous courtesy, good manners and good temper with which he has responded to the many criticisms of the Bill? I, among others, do not think it the best Bill ever to have come before Parliament, but he has invariably answered questions kindly. I also thank the Clerks for warning me that I was, in their terminology, to “open the batting” in this debate, which I might not otherwise have known. As far as cricketing metaphors go, I am probably more of a night watchman than a Geoffrey Boycott, or Somerset’s own Trescothick, but I shall bat on with regard to the Parliament Act 1911 and my new clause in relation to it.

The 1911 Act, as the hon. Member for Chippenham (Duncan Hames) reminded us earlier today, was introduced, broadly, as a temporary measure. The preamble to the Act says:

“whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation”,

but “immediately” has now extended to 100 years of failure to introduce a popular rather than an hereditary form, although not all elements of heredity remain in the upper House. The 1911 Act still allows the House of Commons to get through major constitutional reforms that the House of Lords may oppose.

The reason for introducing my new clause to exempt purely the first section of the Bill—the bit that limits the life of a Parliament specifically to five years, rather than continuing with the flexibility that we have previously had—is that this is a crucial constitutional development that we should be careful about changing, willy-nilly, as coalitions come and go. Our constitution should be safeguarded and preserved; it is not something that should be treated lightly or in an airy-fairy fashion—and one thing that the House of Lords can do, and does extraordinarily well, is prevent that from happening.

By the way, it is notable that their lordships sat throughout last night, fulfilling their proper constitutional role of ensuring that a serious constitutional change is properly debated and reviewed. We in this House find that guillotines come crashing down upon our necks to prevent the detailed deliberation that some of us might like over a rapid raft of changes to the constitution, but their lordships—some of whom are not in their first youth—have stayed up overnight, battling for the great British constitution, which has served us extraordinarily well for hundreds of years. Looking upon their lordships as the guardians of the constitution is a good reason for ensuring that the measure cannot be changed without their consent and approval.

Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
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I have listened quite attentively to the hon. Gentleman’s quite interesting opening remarks. Will he clarify something for me? If a party’s manifesto—I appreciate that this is a bizarre concept for Liberal Democrats—contained a plan to reduce the length of a Parliament, should the House of Lords have the opportunity effectively to veto the will of the people?

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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That is a very helpful intervention, and I thank the hon. Gentleman for it. I think the House of Lords would almost certainly follow the Salisbury convention in that respect, and it would be wrong of it to go against the clearly expressed will, in a manifesto, of the lower House. The point of this measure is as a protection and a safeguard, not as a die-in-the-ditch stalling method to prevent any reform in future. It may be that, had I been around in 1911, I would have been all in favour of dying in a ditch to prevent reform, but I was not, and that is not the purpose of the new clause.

It is worth noting that the Bill is not subject to the Parliament Act 1911. The reason for that is that it extends the life of Parliament, potentially. It gives the Prime Minister the discretion—the ability—to extend the life of a Parliament from five years to a maximum of five years and two months. As we all know, the Parliament Act requires that that can be done only with the consent of the House of Lords, and cannot be pushed through if that consent were refused.

That leads me on to the reason why that was in the Parliament Act. Why was it thought sensible in 1911, when the Liberals were last in independent government—although they had some Irish help—to put in a clause that safeguarded the length of time that a Parliament could sit? It was done to prevent a tyranny of the lower House—to prevent a lower House from extending its life or changing its ability to serve for a particular time whenever it felt like it.

The relevant section is section 2, which states:

“If any Public Bill (other than a Money Bill or a Bill containing any provision to extend the maximum duration of Parliament beyond five years) is passed by the House of Commons…”

So any Bill which extends the life of Parliament beyond five years is excluded from the functioning of the Parliament Act. That is relevant to this Bill, because it changes the basis on which the lifetime of a Parliament is calculated. It would therefore be logical to say that the safeguard in the 1911 Act should be extended to it too, so that it is clear that a new Government cannot come in and play fast and loose with the new Act. It would also give clarity to the Government’s purpose.

Many of us want to know whether the Act—or Bill, as it currently is—is about coalition and about two parties which, over a weekend in early May, were deeply distrustful of each other, or whether it is about major constitutional reform that it is thought will improve the settlement and the democracy of our nation.

The reason why I mention the weekend in May when the parties may have distrusted each other is that I have a feeling that that distrust has broadly evaporated. I think there is now great fellow feeling, at least in the hierarchies of the two parties, between the two sides that they work well together and are committed to some major reforms. The Liberal Democrats have made some admirable and brave decisions, particularly in relation to tuition fees, that have shown that their heart is in the right place in terms of the coalition, and how they have been willing to sacrifice part of their manifesto for it.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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Did the hon. Gentleman hear the severe criticism expressed by the Deputy Prime Minister at Deputy Prime Minister’s questions concerning the activities of the other House last night?

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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The hon. Gentleman is right to raise that issue. I did hear what the Deputy Prime Minister said about the upper House. Most unusually—because in the spirit of coalition I usually find that I hang on every word of the Deputy Prime Minister in almost entire agreement with it—I had to divert from him on that occasion. I have always thought that Governments make a mistake when they think that they will always be in government, and therefore that it ought always to be easy to pass legislation.

I think it ought to be difficult to pass legislation, because we will not always be in power, yet we represent 40% of the electorate. Labour will not always be in power either, yet it represents 40% of the electorate. Those large minorities ought always to be taken into account—and the one power that they have is the power to delay. It was a great mistake of the previous Government to allow our proceedings to be so truncated. That means that now the present Government are, regrettably, doing the same on constitutional issues. That is the inevitable consequence of what happened between 1997 and 2010.

I would like to see the House of Lords maintain its ability to delay. “Filibuster” may be a good word. I am hoping that the hon. Member for Rhondda (Chris Bryant) will give us a definition of “filibuster”. He has given us regular definitions of the word “gerrymander”, and it is rather an expertise of his. I hope that “filibuster” may be defined later on.

I think it important that that right to delay be preserved, and that the House of Lords should have it. As I have said, that House has the crucial constitutional function of protecting our constitution from what Lord Hailsham referred to as elective dictatorship. I do not think that we have elective dictatorship, but I do not think that it would be impossible to get to it, and that means that we must preserve some elements of the constitution on which the House of Lords will have the final say, as if on an Act prior to 1911.

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Angus Brendan MacNeil Portrait Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
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Does the hon. Gentleman imagine that the Government would be on such strong ground in trying to railroad things through without the support of both Houses if they had reformed the upper House before starting to tinker with this place?

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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The reform of the other place will be a matter of great interest, although it is worth bearing in mind that the 1911 Act specifically states that it is to be in place only until the other place is reformed. When that time comes, this House will no doubt want to bear in mind how that Act can be reformed in response to the reform, depending on what is done to the other House. Some hon. and right hon. Members, and indeed some hon. and right hon. Friends, might be concerned about the powers that this House would lose if the 1911 Act were reformed wholesale.

New clause 3 has another important purpose. Lord Justice Laws, in the Thoburn case, which was well known in the popular press as the metric martyrs case, developed a doctrine of constitutional laws, in which he included devolution to Scotland. He would no doubt also regard an independence Act, too, as a constitutional law, which will be of interest to the hon. Gentleman who represents the Western Isles—I am afraid that I must still pronounce it as such, but I hope to learn. The European Communities Act 1972 is viewed as a constitutional Act, as is the Bill of Rights. Lord Justice Laws argued that those have a special place in the legal hierarchy and cannot be amended by implication. That means that they cannot be impliedly repealed, but only specifically repealed. That was quite a constitutional leap and a novel concept, but one that I think Governments have found useful, because it eases their path when changing other laws.

If we have developed this new view of constitutional laws that are superior laws—a sort of law greater than the ordinary Bills that this House and the other place pass—it seems to me that it would be better if that were decided by Parliament, rather than by the courts at a later date. That is one thing that the new clause would at least indicate. It would say that a Bill is so important and relevant, because it will determine how elections will be carried out, that it cannot be amended except with specific approval. Clearly, it would therefore be difficult for it to be impliedly repealed.

That brings me to the nub of the matter, and of the new clause. Constitutional change is the most important duty of this House, because when we change the cycle of election we change it in a way that means that we could have very different Governments. Just think what might have happened if we had had a general election in 2007. Who might have won if that had been the electoral cycle?

The right to an election is the fundamental right of the British people, with their democratic ability to decide who forms the Government, so can it possibly be right for one Government to come in and say of a Parliament, “It’ll be five years,” the next to come in and say, “Oh, actually, four years would be better,” and the one after that to say “Six,” which would still be covered by the exemption from the Parliament Acts, and to play around with the constitution—with the democratic rights of the British people—in a way that involves no checks on them and no ability to say that that is now the settled will of Parliament and of the British people?

I think that in the House of Lords, as it currently is or in any reform of it, we have absolutely the right body to say, as the hon. Member for Dunfermline and West Fife (Thomas Docherty) suggested, “Hold on. You did not have this in a manifesto. This is an inappropriate way of changing our constitution, without the consent of the British people and without a referendum, which might be a better way of doing it, so we are blocking you until you have had a referendum—until some big constitutional result has been found.” The Lords have done that before.

The House of Lords has been a block on constitutional reform, and that is a good thing. Some hon. Members might think that a peculiar thing to say, but it means that reform is properly thought through and developed. I am not going to go back to the exclusion crisis and Lord Halifax’s wonderful speech to prevent the Exclusion Bill going through, but that was a very early example of the House of Lords taking a strong constitutional stance, protecting the rights of an hereditary monarchy to follow the correct path and—the bonus from my point of view—being very pro-Catholic. Certainly, however, before 1832 the House of Lords blocked every reform, and it did so until it was clear that the whole of the British people wanted such reform to take place. Indeed, the Duke of Wellington realised that for the King’s Government to carry on, reform had to take place. After he put metal shutters in Apsley house because of the riots that had occurred, he knew that reform had to take place.

In 1911 even Lord Curzon eventually decided that the reform Bill had to go through, rather than having the House of Lords flooded with a whole new batch of peers who would have pushed it through[Interruption.] They were Liberal peers. Most of them, however, become Conservative over the generations; it is the great advantage of the hereditary system. The Bill was deeply opposed. Lord Willoughby de Broke was one of the great leaders of the opposition to that reform, and the House of Lords has had that job and done it extraordinarily well, making sure that our constitution changes not as it has done in recent years—which is a grave error—according to the will of a small clique in Downing street, but because within it there has been some important flaw that, with the support of the whole British nation, has needed improving.

I do not think that my new clause will make this Bill perfect, because one cannot make a silk purse out of a sow’s ear, but it would at least make this sow’s ear one that could not be chopped up into sausages.

Austin Mitchell Portrait Austin Mitchell (Great Grimsby) (Lab)
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Is not the hon. Gentleman’s panegyric on the House of Lords, and its great ability to defend our constitution by ensuring further discussion, really dedicated to defending the interests of the Conservative party?

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I think that I am defending just as much the interests of the socialists of Great Grimsby and other places, because it is not in the interest of the voters of Great Grimsby to have Governments who come in and play fast and loose with the constitution; that is a really bad idea. The hon. Gentleman has been a most distinguished advocate of less European intrusion in our affairs. [Hon. Members: “Hear, hear!”] As is obvious, he has the respect of the whole House for that, but Governments have been able to play fast and loose with our constitution in a European context because there has been no check from the upper House, and because anything, ultimately, can be jammed through under the Parliament Act 1911.

With this Bill, I want to begin to say—I have proposed the same change to the European Union Bill before the House—that such important constitutional changes need much deeper and broader support than that of some, to use the late Sir Robin Day’s term, “here today, gone tomorrow” politicians. We need constitutional change that is in the historic continuum of our great nation.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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It seems to me that my hon. Friend is very ably saying that the Government cannot have it both ways. Either they believe in a Fixed-term Parliaments Bill that requires future Governments to fix their parliamentary terms, and should therefore accept the new clause and remove the room for manoeuvre, or this is just a Bill of political convenience, they do not want fixed-term Parliaments and intend to retain the flexibility.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I am enormously grateful to my hon. Friend for putting pithily in one intervention what it has taken me, I fear, 20 minutes to say. He is absolutely right that Her Majesty’s Government cannot have it both ways. Either the Bill is serious and important, in which case it should be exempt from the Parliament Act 1911, or it is simply the contract for a marriage of convenience and so should fall at the next general election.

Thomas Docherty Portrait Thomas Docherty
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I will keep my remarks suitably brief. I was fascinated by the introductory remarks of the hon. Member for North East Somerset (Jacob Rees-Mogg). I do not think that he had the pleasure, Mr Speaker, of hearing your October lecture to the Hansard Society on the Parliament Act 1911. Had he heard it—I believe that it is repeated continually at weekends on the BBC Parliament channel—he would have a much better understanding of the purpose of the 1911 Act. I do not propose to give a blow-by-blow account of that lecture.

I was interested by a recent interview that the hon. Gentleman gave to The House magazine—a fine tome that I am sure all hon. Members read. He described himself as a Peelite:

“I believe in free-trade, sound money and the state being less onerous upon the subject than it has been in recent years.”

Having listened to him with interest, I suggest, to extend the coalition metaphor, that he is more of a Palmerstonite, because Palmerston was a great fan of the Great Reform Act of 1832, as I am sure you know, Mr Speaker. He believed that the 1832 Act was, to use the American phrase, “a perfect union”, and that no further reform was required for the Houses of Parliament or the country. I cannot help suspecting that the hon. Gentleman would regard himself as being in the tradition that believes that the Parliament Act 1911 gave us a perfect union and that no further changes should be supported.

I was particularly concerned to hear the hon. Gentleman say that unless the whole country supported a constitutional change—I think that was the phrase he used—we should not have further change. I say to him gently that, despite the immense popularity of his Prime Minister, I cannot foresee a day in which even the great Conservative party will convince the whole country to support constitutional change. I suspect that he may be setting the bar a little too high. Traditionally, if this House is given a clear mandate by the people through a general election, that is regarded as sufficient impetus for a constitutional reform.

The hon. Gentleman rightly pointed to the exceptions in the Parliament Act 1911 for money Bills—it is interesting that his forebears in the House were keen to exempt the ability of Governments to push through the raising of revenue from the people—and for the lengthening of Parliaments. It is juggling with logic to equate the lengthening of Parliaments with the shortening of Parliaments. By its nature, that would lead to more frequent elections—which would probably be a good thing, as we saw today with the introduction of my hon. Friend our new Member for Oldham East and Saddleworth (Debbie Abrahams). When the people are given an opportunity to speak, they tend to speak loud and clear. If the hon. Gentleman’s new clause were accepted by those on the Treasury Bench, I fear that it would restrict the democratic rights of the people to hold elections to this place more often. For that reason, I fear that the Opposition could not possibly support it. Without making any further remarks, I will now let the hon. Member for Stone (Mr Cash) speak to his amendment.

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William Cash Portrait Mr Cash
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That is a noble aspiration, but I am not at all convinced that that is how it is intended to operate in practice, mainly because there are other people involved who are called Whips. Unless provision has been made for expiry, there will be a natural locomotion towards a future coalition, which I strongly resent, and towards fixed-term Parliaments, in the plural, and we will be in “a new kind of politics”. I see in their places at least one or two of my hon. Friends who, from what we read, would strongly advocate such a proposal. They have some constitutional ideas so perhaps they will elaborate on them during the debate. I rather doubt it, but we shall see.

New clause 5 is designed so that section 2 of the eventual Act will expire. It also provides for the circumstances that might obtain in the first month after Parliament has returned after a general election, when it might have a totally different complexion and composition. We have no idea who will be sitting on the Government Benches at that time. In that first month with Members reconvened for the first time—leaving aside the constitutional doctrine about successive Parliaments—would it be right for those Members to be saddled with something with which they did not agree? It is a simple as that. That provides another reason, quite apart from the constitutionality of the issue, for the new clause.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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Will my hon. Friend’s new clause ensure that after the next election, the Prime Minister, instead of going through the fiction of having a vote of no confidence in himself, could simply ask for a Dissolution by a vote of the House? If the new clause were accepted, would it not provide a much more straightforward way of getting an early Dissolution?

William Cash Portrait Mr Cash
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That is a perceptive way of putting it; I congratulate my hon. Friend on his perspicacity.

I have great reservations about our movement towards what is seen as a new kind of political understanding. One of the great objections relates to the ease with which it is possible to break manifesto promises, enter into coalitions and then break them as well. Subsequently, a Parliament might emerge that embodied all the thinking of those broken promises in the form of a new politics. That next Parliament is then intended to carry on as if nothing had happened. I think that that is a very unsatisfactory way of governing, and a very undemocratic way of conducting our affairs.

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Chris Bryant Portrait Chris Bryant
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Yes, although as the hon. Member for North East Somerset said at the very beginning of his speech, all this will become rather unnecessary once we have legislated for an elected, whether fully or substantially, second Chamber. At that point, elements of the Parliament Act, or even the whole Act, will almost certainly have to be reshaped.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I absolutely understand the hon. Gentleman’s point that a Government elected on a manifesto for four years would not want to be obstructed by the House of Lords, and I doubt whether the Lords would obstruct them in those circumstances. Does he have any sympathy with the view that constitutional issues ought to have greater protection than ordinary Bills, particularly as judges have decided that there is a category of constitutional Acts? Should we decide that rather than the judiciary?

Chris Bryant Portrait Chris Bryant
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My general approach is that we should always seek to take decisions ourselves, rather than leave them to judges to take for us, because we are elected. However, the history of English common law and the way in which it has developed is such that judges have, by the precedents they have set, elaborated on that law. We have sometimes then decided to incorporate those interpretations into statute law, so there has been a constant relationship between the two. [Interruption.] My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) is muttering about Scottish law, but I am being very careful because I know much less about Scottish law than I do about English law, which also applies in Wales, so I am going to the edge of my knowledge and not a step further.

The hon. Member for North East Somerset is right that we will need, at some point, to put into statute law the relationship between this Chamber and an elected second Chamber, as we will want to establish that more firmly. Perhaps, as has happened in every other constitution that has been written in the world, special provision will be made for changing the constitution itself. In Germany, there has to be a vote of a certain majority in both Houses both before and after a general election. That was enforced by us in the writing of the German constitution after the second world war. In Spain, changes have been made to the constitution since the death of Franco, but the Spanish, too, can proceed only if there is a significant majority within the Cortes and the Senate. In short, my answer to the hon. Gentleman is yes.

In essence, my argument regarding new clause 3 is that it is not necessary and that it could be problematic for a new Government, because they might not be able to get their way even on a manifesto commitment that had been clearly laid down. The real danger concerns the extension of parliamentary terms—something that has always worried people in relation to the freedoms and rights of the British people, or rather the people of the United Kingdom. That is already protected in the Parliament Act, which will stand until we revise all these measures. Parliament has been extended in the past. That happened during the second world war when extensions were agreed on an annual basis. I am not sure whether that was voted on every year, but the hon. Member for North East Somerset might know.

Let me move to the new clause of the hon. Member for Stone. I note that the hon. Member for North East Somerset said that we have a choice between Scylla and Charybdis—he being Scylla and the hon. Member for Stone being Charybdis. My uncertain memory of Homer is that Odysseus chose to surrender a few sailors to Scylla rather than a whole ship to the whirlpool that was Charybdis, but I am in favour of Charybdis this afternoon.

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Mark Harper Portrait Mr Harper
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No; the Government’s intention is to change the system so that there are fixed-term Parliaments, apart from in the two possible cases set out in the Bill. We think that that is a desirable change. If the public and future politicians agree that it is desirable, it will stand the test of time. That is what we hope for and what we have argued for.

My hon. Friends the Members for Stone and for Harwich and North Essex raised concerns about the two procedures in clause 2—motions of no confidence and motions on early elections—that allow for early elections. However, the House of Lords Constitution Committee was fairly supportive of those measures.

The Committee said that it was

“sensible for the Bill to contain some form of safety valve which would allow for an early election in circumstances such as the government losing the confidence of the Commons or where a political or economic crisis has affected the country”,

and concluded that the safety valves that we had included were appropriate. The Committee also looked at the risk of the courts intervening, which my hon. Friend the Member for Harwich and North Essex mentioned, and concluded:

“The risk that the courts may intervene in any early dissolution of Parliament by questioning the Speaker’s certificate is very small”,

adding:

“we do not consider the risk to be sufficient to warrant a rejection of clause 2 of the Bill.”

Based on what the House of Lords Constitution Committee has said, I, unlike my hon. Friend the Member for Stone, am confident that when this House approves the Bill, as I hope it will, and it is debated in their lordships’ House, they will give it proper scrutiny, but in the end give it a fair wind and pass it. However, if my hon. Friend presses his new clause 5 to a vote, I will urge all hon. Members to reject it and to keep clause 2 as it stands.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

William Cash Portrait Mr Cash
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rose—

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Nick Boles Portrait Nick Boles
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Of course I accept that, but it is not really what we are referring to. We are referring to non-legislative activity associated with forming a Government.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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Would that not be crucial? A new Prime Minister from another party would want all the Bills of the old party’s Prime Minister to fall. Prorogation would be beneficial.

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Dan Byles Portrait Dan Byles
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I am grateful to the hon. Gentleman for correcting me. That was not my understanding, but I will bow to his superior knowledge. The French model has an interesting lesson to teach us about leaving the power to dissolve Parliament with the Executive, as opposed to the system that we are now considering. The President of France has the power to force Dissolution early, but that is not supposed to be the norm; it is supposed to be used only in an emergency. It has been used only twice in an emergency, in 1962 and 1968, but it has been used three times for political advantage—in 1981, 1988 and 1997—thus clearly demonstrating that if we leave such a power in the hands of the Executive, it will inevitably be used for party political advantage.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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The Bill still seems to allow the Executive to do that, because they can force a vote of no confidence in themselves. Therefore, what we are achieving is simply changing the rules by which an early election can be called, not making any fundamental change to the constitution.

Dan Byles Portrait Dan Byles
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I am grateful for my hon. Friend’s typically pithy and interesting contribution. The point has been made by hon. Members on both sides of the House, and while my hon. Friend is technically correct, I find it hard to imagine that a Government who wished to call an early general election for their own political advantage would engineer a vote of no confidence that they would then lose on the Floor of the House, because that would be a disastrous start to a general election campaign.

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Dan Byles Portrait Dan Byles
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I am delighted that the hon. Gentleman raises that question, because I would like to address that issue, which is one of the “straw man” arguments that opponents of the Bill regularly cite. Some who oppose the Bill argue against the whole principle of fixed-term Parliaments, while others claim to support that principle, but tackle the issue of whether the term should be five years or four.

What should we make of the term set out in the Bill? I think that I am safe in saying that the term length is a key sticking point for Labour Members who accept the principle of fixed-term Parliaments yet still cannot bring themselves to support the Bill. Many of them hang their hat on the fact that five-year, rather than four-year, terms are proposed.

If we are to consider that point in detail, it is important that we understand where we are and how we came to be here. At present the maximum length of a Parliament is five years—let us make no bones about that—and I do not recall any recent cries of anguish from Labour Members that the historical five-year Parliament is wrong. Indeed, that maximum limit was established under the Parliament Act 1911, so Labour Members have had a long time to express their opposition to five-year Parliaments. The 1911 Act reduced the maximum length of a Parliament to five years from seven years by amending the Septennial Act 1715.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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May I remind my hon. Friend that the reduction from seven to five years took place because the House of Lords was no longer able to block legislation, and it was therefore thought right that things should be referred to the electorate within a reasonable time? In 1911 Members thought that that period was five years, and what they thought in 1911 is a jolly good thing to think in 2011.

Dan Byles Portrait Dan Byles
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As ever, I am extremely grateful to my hon. Friend for his point. He and I believe that the wisdom of our forefathers should not be lightly dismissed.

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Dan Byles Portrait Dan Byles
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I am grateful to the hon. Gentleman for his intervention.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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It may interest the House to know that in the 1830s King William IV was going to come in person to prorogue Parliament, because that would bring all business to a stop and the Government did not like the business that was going on. I believe that, in the end, that turned out not to be necessary.

Dan Byles Portrait Dan Byles
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I am extremely grateful to my hon. Friend for his intervention. Again he demonstrates why it is so important to maintain a thorough understanding of history if we are to understand exactly what our position in this place is in the context—