Fixed-term Parliaments Bill

Neil Carmichael Excerpts

Wednesday 24th November 2010 Commons Chamber

[Chris Bryant]

I very much hope that we do. There are two elements to why this debate matters: first, the role of the Speaker, and secondly, the role of the courts, which is what the hon. Gentleman wants to debate.

Contrary to what the Minister said, the Opposition rather than the Prime Minister often determine what is and is not a motion of confidence. As we heard, the Prime Minister could decide that the question whether the House adjourns is a matter of confidence, or he or she could refer to minor legislation as such. However, the Opposition can not only table a motion of no confidence, but declare that another matter is a matter of confidence. Effectively, they can demand that the Prime Minister address such a matter personally.

On 15 January 1972, Second Reading of the European Communities Act 1972, which I suspect the hon. Member for Stone knows well, was declared by the then Prime Minister to be a matter of confidence. He said that if he lost, there would be a general election. Undoubtedly, some decided to support him for that very reason.

[Neil Carmichael (Stroud) (Con)]

Surely this debate about votes of no confidence is really all about the exercise of the Prime Minister’s power, because as the hon. Gentleman has just implied, it is the Prime Minister who decides whether we will have a general election. When Ted Heath used that threat in 1972, he clearly did so quite deliberately, in order to force his side to vote in favour of joining the European Union, and it was his decision whether there would be a general election. Given that, I cannot really see why the hon. Gentleman is going in the direction that he is.

[Chris Bryant]

Because the legislation is changing that provision in two regards, one of which is the subject of an amendment in this group. The Government—I think rightly—want to say that after a motion of no confidence, there could be two weeks during which the House could, if it wanted, pass a motion of confidence in either the same Government, presumably, or another Government, with either the same Prime Minister or a different Prime Minister, with a different set of ministerial colleagues. That is a change from the situation thus far. There are those who want to remove that two-week element from the Bill. We on the Labour Benches disagree with them, so we will not be supporting that amendment.

There were two occasions, on 11 March 1976 and 20 July 1977, when the motion “That this House do now adjourn” was declared by the then Prime Minister or Leader of the Opposition to be a motion of no confidence, first by Harold Wilson and then by Mrs Thatcher, now Baroness Thatcher. On occasion, the mere involvement of the Prime Minister, by turning up at the Dispatch Box to defend a particular motion or piece of legislation, has effectively turned it into a motion of confidence, and that has transpired during the debate. As we are abolishing the Prime Minister’s right to dissolve Parliament and placing that right in the hands of Parliament—we are putting that in statute—it would be better to state in the Bill, in clear language, precisely what constitutes a motion of no confidence, so that there can be no doubt.

I say that for several reasons. First, it would remove the Prime Minister’s power to force legislation through by calling it a matter of confidence. Perhaps Members on the Government Benches have not got used to this yet, but when we were in government, it was a fairly common occurrence whenever there was a difficult piece of legislation—whether on trade unions, the war in Iraq or whatever—for the Prime Minister to say, not necessarily in public but certainly in private, that it was a matter of confidence. That has led to some bad legislation in the past, which was certainly not helpful to us, and I am sure that there will be plenty of moments like that coming along for Government Members.