Fixed-term Parliaments Bill

Lord Mackay of Clashfern Excerpts

Tuesday 10th May 2011 Lords Chamber

I do not think that the uncertainty inherent in this amendment or the unusual constitutional solution being proposed will improve the Bill; nor will it increase the scrutiny that the Bill receives once it is passed. In the light of these considerations and concerns, I ask the noble Lord to withdraw his amendment.

[Lord Mackay of Clashfern]

Can my noble and learned friend tell me whether he knows of any mechanism by which an Act of Parliament which has come into force can have its force suspended for a given period?

[Lord Wallace of Tankerness]

I cannot readily think of one off the top of my head. However, there are enough people in the Chamber and, if there is such a mechanism, I am sure that one of them will be able to tell us. My noble and learned friend, who has wide experience, might be able to think of one, but I cannot. However, the “sunsetted and sunrisen” approach is very novel.

[Lord Falconer of Thoroton]

My recollection is that we put sunrise or sunset clauses into a significant amount of the terrorist legislation, the result being that they would continue to have an effect only if there had been a resolution in both Houses of Parliament to carry on with them. I think that that is an answer to your Lordships’ question.

[Lord Mackay of Clashfern]

With respect, that is not an answer to my question. The terrorism provisions end the Act of Parliament unless it is continued by a resolution, whereas this proposal, as I understand it, would suspend the operation of this Bill, supposing that it becomes an Act, for a certain period without repealing it. At the moment—I am willing to be taught—I cannot think of that having happened before. However, novelty is perhaps the watchword of the season.

[Lord Falconer of Thoroton]

The noble and learned Lord is right. There is a difference between an Act lapsing and not being revivable and the situation under this provision where if it lapsed for the first Parliament because it was not passed in resolution, it could be revived for the second Parliament. In practice, however, the difference may not be that great.