Fixed-term Parliaments Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 18th January 2011 Commons Chamber

[Jacob Rees-Mogg]

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.

[Dr William McCrea (South Antrim) (DUP)]

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]

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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[Nick Boles]

I detect from the hon. Gentleman’s expression and demeanour that he is worried, but he should not be because we genuinely want the changes to become permanent—as much as the constitution of our country can allow that. We genuinely want there to be, at least for as long as any of us can see, a habit, norm and expectation deep in our society that there will be elections in May every five years. I hope that is how the situation will be perceived in this country after the Bill is passed—without my hon. Friends’ amendments.

[Dr McCrea]

I am sure that the hon. Gentleman should not be afraid to mention God. A moment ago, he was going to say, “Thank God,” but instead said “Thank the stars.”

[Nick Boles]

I am very grateful to my hon. Friend—may I call him that? I feel as though we are friends even though we sit on opposite sides. I am always nervous about the customs of this place: I wanted to say thank God; I meant thank God; and frankly the stars have absolutely nothing to do with it. I am happy to be corrected.

Returning to the tidiness of the amendment of the hon. Member for Rhondda, he has not demonstrated, or even provided a shred of evidence to explain why the current point at which Parliament is recalled after an election is a problem or causes any difficulties. We should reject his amendment.

The hon. Gentleman has tabled another amendment to regulate the timetable for elections and he has again made a superficially appealing argument about lining up the different election timetables for different tiers of government, but it will not have escaped the attention of Government Members that he has, as ever, lined up with the longer figure. That betrays the deep belief of the Labour party, of which the hon. Gentleman provides a good example, that what the country needs are more politics, longer election campaigns, more leaflets going through doors and more people knocking on one’s door just when EastEnders is on or when a good game has started.

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[Dan Byles]

The hon. Gentleman makes an interesting argument, because he seems to suggest that any Government of the day should have such a strong majority that they can bash their legislation through. I believe that Labour Members referred to that arrangement as an elective dictatorship when they were on the wrong side of such figures in the 1980s. In this day and age, if a Government need to be a bit more consensual and cleverer about getting their business through the House, it is considered to be a good thing. Do we really want to say that whenever a Government do not have a huge thumping majority we should have another election?

[Dr McCrea]

Is the hon. Gentleman saying that the Bill was born out of real conviction, and has nothing to do with political convenience designed to enable the Government to keep going over five years while we get out of the economic mess that we are in?

[Dan Byles]

I genuinely do not believe that that is the reason.

My hon. Friend the Member for Folkestone and Hythe (Damian Collins) pointed out that three of the past five Parliaments lasted five years, and I was developing a point about the average length of post-1945 Parliaments. If the three failed Parliaments lasting less than two years are stripped out, the average length of a Parliament since 1945 has been more than four years. Since 1974 the lengths have been even greater, so there is a clear trend that Parliaments are lasting longer.

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[Dr McCrea]

Is the hon. Gentleman aware that the Electoral Commission has written to the Deputy Prime Minister on this issue, and the right of the devolved Administrations to lengthen the period by six months? It letter states:

“the Commission believes that there remains a clear need for…research to be carried out”—

forthwith—

“to ensure there is a robust evidence base to inform decisions about the timing of elections in 2015.”

[Chris Bryant]

Yes, I am aware of that and I completely agree with the thrust of what the hon. Gentleman is saying. The Government cannot just pull at individual strings of the constitutional settlement, because we will just end up unravelling the whole jumper: that is the law of unintended consequences, which we are in danger of having thrust upon us.

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[Mr Harper]

The amendments relate to the date of the election and it is worth touching on the points that a number of hon. Members have made about the coincidence of the proposed date of 7 May 2015 with the date of the devolved elections. It is worth saying, as we said in Committee, that it is entirely possible and, indeed, likely that, regardless of whether or not this Bill was introduced, the UK general election could have been held on the same day as those devolved elections if this Parliament had run for five years. In some sense, the Bill provides an opportunity, because it has highlighted and crystallised that fact at an early stage, when we have the chance to debate the consequences and do something about it.

As the hon. Member for Rhondda (Chris Bryant) said, and as we discussed in Committee, I wrote to all the party leaders in the Welsh Assembly and the Scottish Parliament proposing to give their Assembly or Parliament the power to extend its term by up to six months. That was to go alongside the existing power to shorten the term by six months to provide a window of a year in which it could vary the date of the election to avoid that once-in-20-year coincidence with the Westminster election.

[Dr McCrea]

The Electoral Commission’s letter said that there was a

“need for a comprehensive research study on the implications of combining elections”

and that the Commission was “not aware” that that work had taken place up to the moment of writing. Has that research commenced?