Queen's Speech Debate

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Department: Ministry of Justice
Thursday 27th May 2010

(13 years, 11 months ago)

Lords Chamber
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Lord Rennard Portrait Lord Rennard
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My Lords, I wish to address the measures announced in the gracious Speech that relate to fixed-term parliaments, the alternative vote referendum and the principle of moving to more equal-sized electorates in constituencies.

As someone who has worked both as a volunteer and a professional in the last 10 general election campaigns, I personally welcome the proposal for fixed-term parliaments in future. It is not just a matter of personal convenience to be able to plan your holidays and work around the known dates of elections nor a matter of assisting everyone involved in planning the campaigns, including the staff, the parties and the media, but an important democratic principle.

It has always seemed unfair that the leader of one political party can choose polling day according to their own party's advantage. Of course, they sometimes make mistakes, such as Jim Callaghan in 1978 or Gordon Brown in 2007. But, by and large, the power to choose polling day based principally on examination of opinion poll or local election data has in the past given an unfair and undemocratic advantage to the party in government. That is why opposition leaders have had good cause to complain. The noble Lord, Lord Kinnock, argued strongly for fixed-term parliaments in 1992. But Labour's addiction to power after 1997 meant that that was one of the many reforms that did not see the light of day in Labour’s 13 years in office, although it resurfaced in its recent manifesto.

Since 1999, we have seen the Scottish Parliament and the Welsh Assembly function well with fixed-term parliaments, no one party having an overall majority, different coalitions being formed and periods of minority government. The sky did not fall in in response to any of that. Many noble Lords will also be aware of how most local authorities function on a fixed-term cycle based on elections every four years. In these councils, even a vote of 100 per cent of the members does not lead to a new set of elections. Councillors simply have to respect the voters’ verdict and make it work over the four-year term.

Fixed-term parliaments work in many countries. In the United States, President Obama knows that he is elected for a four-year term to head the executive branch of the US Government. Nothing can alter that, short of impeachment. The noble Lord, Lord Elystan-Morgan, suggested that perhaps if a Prime Minister dies there should be a new general election, but in the United States if a President resigns or is assassinated, there is no new presidential election—the business of government continues.

There has of course been much debate today on the principle of how a general election might be triggered at an earlier point than the fixed term. My noble friend Lord Tyler pointed out that when introducing fixed-term parliaments for the Scottish Parliament and the Welsh Assembly, the previous Labour Government legislated to require a two-thirds vote for a new election to be triggered. To those who have said today that a Dissolution of Parliament should be triggered by a vote of 50 per cent plus one of the Members, I say that this would mean that we did not have a fixed-term parliament whenever one party, as is usually the case, had a majority. If a Government with a majority can vote for Dissolution and a general election then we will simply hand power back to the governing party to choose the time of the election. The 55 per cent rule is necessary—

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
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My Lords, is it not the position that the coalition has more than 55 per cent of the MPs, and therefore it can trigger a general election whenever it likes?

Lord Rennard Portrait Lord Rennard
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Given the public commitments by both coalition parties, that clearly would not happen. The noble and learned Lord makes a good point, however. When we consider this fully and properly in due course and learn the lessons over this parliament, perhaps the 55 per cent measure will be seen as an insufficient trigger. Perhaps his Government acted sensibly and wisely in the Scotland Act in ensuring that in Scotland, as in Wales and in Northern Ireland, a two-thirds majority is required. For this parliament, though, 55 per cent provides stability.

Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern
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Before the noble Lord goes on, is it not implicit in what is proposed in the coalition agreement that there should be a lost vote of confidence before there is a Dissolution?

Lord Rennard Portrait Lord Rennard
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It is probably logically necessary that there would have to be a vote of no confidence in the Government. If it were impossible to form a new Government, I have no doubt that Members in another place would vote for Dissolution by more than 55 per cent. That is what happens in the Scottish Parliament, for example: if the First Minister resigns and they are unable to elect a new First Minister, an election is triggered.

I draw the attention of noble Lords opposite to the manifesto on which they fought just three weeks ago. It pledged, and I quote it precisely, that Labour would provide legislation,

“to ensure Parliaments sit for a fixed term”.

Please note carefully the word “ensure”. Those who fought the election on the basis of “ensuring” that Parliament sat for a fixed term have some obligations to say how they would ensure that.

Lord Harris of Haringey Portrait Lord Harris of Haringey
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The noble Lord’s point about a fixed term is interesting. He cited with approbation the fixed term for the US President being four years. In local government, as he knows, the fixed term is four years. Why does he think that a five-year term is appropriate in this context?

Lord Rennard Portrait Lord Rennard
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Actually, I have not argued that case; I have argued the case for a fixed-term parliament. I think that the argument that those in favour of five years would make is that this is the first time in British history that a Prime Minister has surrendered that supreme partisan advantage of being able to pick and choose polling day according to opinion poll ratings rather than the national interest. As the noble Lord, Lord Rooker, effectively pointed out earlier, this has often been deeply damaging for the long-term British economic interest.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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I hope that the House will provide some additional injury time for the noble Lord due to the interventions that he is accepting. This is a question that I wanted to ask him on the Floor: was he involved in the decision to proceed with the 55 per cent? Does he know where that idea came from within the coalition? Was it a Liberal Democrat proposition, or did it come from the other end of the coalition?

Lord Rennard Portrait Lord Rennard
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The answer is no, I was not involved, and I do not know how it came out of the negotiations, but the 55 per cent is logical for this Parliament. As I have argued before with the noble and learned Lord, Lord Falconer, on “Newsnight”, it is relevant and effective for this Parliament because it is the first time that this has been done. I think that the case is made.

Earl of Onslow Portrait The Earl of Onslow
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Is the noble Lord really saying that we should introduce 55 per cent statutorily for one Parliament alone? That is gerrymandering of the worst order.

Lord Rennard Portrait Lord Rennard
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My Lords, I beg to disagree on the basis that if you do not have a percentage like that, you simply do not have a fixed-term parliament. If it is possible for one party with 50 per cent plus one of the seats in the House of Commons to trigger an election, you allow that party, for its own interests, to choose the time of the election, rather than have the fixed term that works in so many other countries.

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
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I support fixed-term parliaments but I completely fail to understand what is wrong with a provision that says there should be a fixed term for X years, subject to a case where the Government are defeated on an Opposition Motion of confidence.

Lord Rennard Portrait Lord Rennard
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My Lords, you see what is wrong with that when you look, for example, at the models of many other European countries, where there are fixed- term parliaments, multi-party coalitions, systems of proportional representation, et cetera. If a Government fall there should always be the provision that it may be possible for another Prime Minister or other parties to form a Government. It is not necessarily logical that if one Prime Minister and one Government fall, you must assume that there will be a new general election. If you have terms of four or five years you must—as in Scotland and Wales, as noble Lords opposite legislated for 12 or 13 years ago—have provision for an alternative Government to be provided. If that is not possible, I accept that you must go to a general election.

My time is almost up and half of it has been taken up by noble Lords in other places. We will return to the very important arguments about the alternative vote referendum and to other points that need to be made in due course.

Lord McNally Portrait Lord McNally
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Noble Lords are clearly getting a second wind but this is not the Second Reading of a Bill; nor will there be a vote on it at the end of the night. So can we still try to stick to eight minutes?