Fixed-term Parliaments Bill

Nick Boles Excerpts

Tuesday 18th January 2011 Commons Chamber

I very much hope that the Government will feel able to support these amendments. I understand that there may be some uncertainty in relation to the period of the general election campaign, but I hope that what will triumph in Ministers’ minds is a desire to see greater clarity and tidiness in our electoral arrangements as we move towards a fixed-term Parliament.

[Nick Boles (Grantham and Stamford) (Con)]

Anybody who knows me knows that my appreciation of a glass of reasonably priced white wine is second to no one’s in this House, and my appreciation of a glass of reasonably priced white wine served by the Prime Minister in No. 10 Downing street is extreme, but my love for the British constitution is greater than that.

[Chris Bryant]

Is he charging?

[Nick Boles]

The shadow Minister asks whether my right hon. Friend the Prime Minister is charging for the drinks he is serving in No. 10 Downing street. In response, I would merely point out something that seems to have escaped the attention of Opposition Members.

[Thomas Docherty]

On a point of order, Mr Deputy Speaker. The hon. Gentleman seems to be claiming that the Prime Minister is using Downing street for commercial purposes. Is it appropriate for the hon. Gentleman to make such a serious allegation against his own Prime Minister?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I think we all know that that is not a point of order.

[Nick Boles]

I do not want to stray from the subject of the new clauses and the amendments, but I should point out something that seems permanently to escape Opposition Members, which is that we live in a time of austerity, and our Prime Minister is doing everything he can to maximise revenue to the Exchequer and minimise expense, hence the reasonably priced wine being served and the—

[Thomas Docherty]

Will the hon. Gentleman give way?

--- Later in debate ---

[Mr Deputy Speaker]

Order. We are straying from the subject of new clause 4. The price of drinks in Downing street has nothing to do with the topic under discussion.

[Nick Boles]

Thank you, Mr Deputy Speaker. I was in danger of being wholly distracted from my point, which is that my love for the British constitution, such as it is, is greater even than my love for a glass of reasonably priced white wine served at No. 10 Downing street, and there is no part of the British constitution for which I have a greater passion than that nebulous concept of Prorogation. It is the subject of the stories that my parents read to me by my bedside when I was a child. I agree that it sounds like a sad childhood, but such it was.

The hon. Member for Rhondda (Chris Bryant) made an ingenious argument about the dangers of this power remaining with the sovereign. He suggested that a Prime Minister presiding without a secure majority and having lost a vote of no confidence in this House might advise the sovereign to prorogue Parliament to avoid the possibility of Parliament passing a vote of confidence in an alternative Government and thereby bringing about an election, rather than the installation of a new Government. I am second to none in my passion for the nebulous concept of Prorogation, but I am no lawyer, unlike the hon. Gentleman.

[Chris Bryant]

I am not a lawyer.

[Nick Boles]

I withdraw that comment, Mr Deputy Speaker, which was almost certainly unparliamentary and banned by “Erskine May”. The hon. Gentleman said he felt he had a certain expertise in English law but not in Scottish law. I point out that my expertise in any law is equivalent to his expertise in Scottish law, so I am skating across boggy ground, if such a thing is possible.

The hon. Gentleman tried to argue that the power to prorogue should transfer to Parliament so that a Prime Minister who has lost his majority and lost the confidence of this House cannot use the power and the persuadability of the sovereign to remain in office and require an election to be called. He has an excessively colourful imagination. I understand that where no party has a clear majority in this House the role of the sovereign is to see whether a stable Government can be formed.

We saw a very good example of that after the last general election, when there was no clear result and no party had a clear majority in this House. The sovereign behaved impeccably in allowing and encouraging the parties, both the Labour party in government and the Opposition parties, to explore which arrangement was the most stable and to form the Government who had the most chance of lasting. Surely where a party in government has lost a vote of confidence in this House and no longer commands a stable majority here it would be an absolutely integral part of the sovereign’s constitutional role to invite the other party leaders to explore whether they could form a stable majority. [Interruption.] The hon. Member for Dunfermline and West Fife (Thomas Docherty) frowns. I would be happy to take an intervention from him, but may I finish explaining my logic? He can then explain to me why, as so often, it is flawed.

The sovereign would invite other party leaders to see whether they could secure a stable majority and they would have those conversations even if Parliament had been prorogued. If a group of parties not then in the Government told Her Majesty—or His Majesty, on some future date—that they could form a stable Government and provided good evidence of that fact, and if the Cabinet Secretary were to advise that they were a stable Government, there is no reason why Her Majesty should not invite the leader of the parties putting together that constellation to form a Government. At that point, that leader would be the Prime Minister and could kiss hands—all of that can happen without Parliament being involved. That leader would then be the Prime Minister and would be able to “rerogue” or “unrogue”—I do not know what the correct term is—and recall Parliament, thus cancelling Prorogation, and put their Government to a vote of confidence. If they were successful, that would obviate the need for a further election. So I do not think that the logic of the argument made by the hon. Member for Rhondda holds.

[Kelvin Hopkins (Luton North) (Lab)]

I apologise for not being here earlier in the debate, but I am seriously concerned about what the hon. Gentleman is suggesting, which is a degree of politicisation of the monarch, as Head of State, from which I would draw back. If a degree of automaticity were involved and any Prime Minister of the day who could not form a Government automatically, as a convention, asked the leader of the next major party to form one, that would be one thing. If the monarch is making political judgments about who he or she should choose, that is a very different matter. When George V involved himself in helping to form the national Government in 1931 that was pushing the monarch too far into politics. Heads of State should not have that role.

[Nick Boles]

The hon. Gentleman also makes a strong argument and has much greater historical knowledge than I do. I would say only that if the Bill becomes law, it will become a clear part of our constitutional arrangements that the expectation, the desire and the will of the people is that we have fixed-term Parliaments lasting five years. Therefore, should there be an interruption that led to a vote of no confidence in a Government and the Prime Minister came to the sovereign asking for her to prorogue Parliament, it would be clear to the sovereign, who would also receive advice from her advisers, that there was a danger of frustrating the constitution and frustrating the will of the people for us to have elections every five years.

Given that the Prime Minister would have lost a vote of confidence in this House—in the old days that would normally have automatically led to their no longer having a right to govern—I do not think it would be classified as the sovereign “meddling” in politics were she then to say that she would invite alternatives if the Prime Minister could not tell her that he or she could form a stable Government without going to the people in an election. If the Prime Minister could not give her that reassurance, it would be entirely proper for the sovereign—her advisers would tell her this—to see whether the Parliament that had not run its full course did not contain an alternative stable Government who could be formed and for her to invite the relevant leader of any such Government to kiss hands, become Prime Minister and resummon Parliament to see whether they could win a vote of confidence. That is why the fear of the hon. Member for Rhondda is not justified. In fact, a reverse fear is involved.

[Dan Byles (North Warwickshire) (Con)]

Is not the very purpose behind the Bill and the cooling-off period after a vote of no confidence precisely to allow that to happen? The expectation would not be that Her Majesty or His Majesty would interfere in the political process. Under the Bill, such a situation would throw the game open to see whether a Government who can command the confidence of this House can be formed. People elect MPs and then, to a certain extent, they expect us to get on and govern; they do not expect us to squabble, throw our toys out of the pram and have another election because it suits us.

[Nick Boles]

My hon. Friend puts it far more succinctly and better than I could. The key point is that there is nothing to stop that process happening just because Parliament is prorogued. We do not stop existing or being able to have conversations with each other, with Her Majesty’s advisers or with senior members of the civil service because Parliament is prorogued. We would still exist, we would still be MPs and we would still be able to go through that process.

[Thomas Docherty]

“Erskine May” is quite clear about the fact that if Parliament is prorogued, all the Bills before the House fall. So it is not entirely accurate to say that there is no effect to proroguing Parliament.

[Nick Boles]

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]

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.

[Nick Boles]

Exactly.

[Chris Bryant]

The hon. Gentleman is completely wrong, I am afraid, much as I like him—

[Nick Boles]

The hon. Member for North East Somerset (Jacob Rees-Mogg) or me?

[Chris Bryant]

Both of you. I am quite happy to like anybody.

The hon. Member for North East Somerset (Jacob Rees-Mogg) is completely wrong. A person from the same political party might want to take over. The no-confidence vote might apply to the Prime Minister as an individual rather than to the whole Government. I would agree with the hon. Member for Grantham and Stamford (Nick Boles) were it not for the way in which the Bill is worded, because it refers to the period of 14 days—not 14 sitting days. The House could be adjourned or prorogued during that period, or it could already be prorogued. There are many different situations in which we need to seize this power back into the hands of the House rather than the Government.

[Nick Boles]

I thank the hon. Gentleman, who has thought about this for longer, more deeply and in a more researched way than I have, as I was invited to make this speech only a relatively short time ago.

[Dan Byles]

It is a slightly odd idea that we could have a vote of no confidence and that somebody from the governing party might take up the reins. Any party that had a vote of no confidence rather than a leadership challenge to change their leader would be highly irresponsible.

[Nick Boles]

My hon. Friend is right. There were moments in the previous Parliament when we all might have wished that the party in government had taken that route rather than imposing on us the rather long, drawn-out demise that we all witnessed.

[Chris Bryant]

Much as I like the other hon. Gentleman, whose name I do not know—[Laughter.] No, I do, but he was completely wrong. The hon. Member for North Warwickshire would be right if the Bill determined what counted as a motion of no confidence, but it does not. A motion of no confidence could be a motion of censure of an individual person. It might be tabled by the Opposition, and, if they won, they would end up unseating somebody as a party leader without unseating the Government.

[Nick Boles]

I have a sense that we will probably not persuade the hon. Gentleman here and now, although I have eternal optimism that we will persuade him of everything in due course.

Let me move on to the solution proposed by the hon. Member for Rhondda, which, to my mind, is as flawed—though also as ingenious—as his analysis of what he sees as the problems with the Bill. His solution is that this House, and exclusively this House, would have the power to prorogue. I believe that the House would adopt a resolution and the Speaker would then prorogue Parliament. The problem is another circumstance that the Opposition parties have talked about. When a Prime Minister with a rather small majority in this House feels, in the middle of a five-year term, that everything is going frightfully well, they might cynically decide to engineer a vote of no confidence that they would then instruct their Members to vote for in order to bring the House down, to prorogue and, more importantly, to have a further election. I have heard in earlier discussions that that vexes and worries Opposition Members and the hon. Member for Rhondda. Surely, his solution would fall prey to that ruse far more than happens under the current circumstances, when only the monarch can prorogue Parliament.

If a Prime Minister who felt that everything was going frightfully well and that if he had a quick election he could get a better majority could engineer a vote of no confidence by getting his troops to support it, surely he could engineer a resolution of the House to prorogue just as cynically, wilfully and arbitrarily. Does not the hon. Gentleman’s proposal move the power of prorogation, which currently sits in that special, rather hallowed constitutional place of being one of the few things that the sovereign does, on to the Floor of this House where it will become subject to all the machinations and swirls of this place and of ambitious Prime Ministers trying to secure a better majority?

[Chris Bryant]

Prime Ministers are by definition ambitious, I think—that was otiose. No. The Prime Minister, to all intents and purposes, is the Crown and the Crown, to all intents and purposes, is the Prime Minister in the exercise of prerogative powers. Secondly, there is a significant advantage in not just being able to prorogue and close Parliament by proclamation but having to come to the House to make a speech to argue for it. That is the big difference.

[Nick Boles]

Although I defer hugely to the hon. Gentleman’s greater understanding, he betrays a lack of a feel for how this constitution of ours works. The same criticism could be applied to some of his other amendments. The whole point of our constitution is that it is organic and flexible, and that it develops over time. Everything we do, every decision we make and every Bill we pass slightly shifts and changes the constitution. It is not a rules-based constitution but a practice-based constitution. Of course, there are rules—the Parliament Acts, the Salisbury convention and so on—but they develop and metamorphose as we use them.

[Chris Bryant]

rose—

[Nick Boles]

If I may, I would like at least to develop the argument enough for the hon. Gentleman to be able to fire it down good and proper.

Once we have passed this Bill and created five-year Parliaments and the expectation that they are the norm for this country, the constitution will have changed. The way in which the sovereign uses her powers to invite people to form Governments, to see whether they can win the confidence of this House, to prorogue and to accept advice from a Prime Minister will change. We will all make the argument that it would be profoundly unconstitutional for a Prime Minister who had just lost a vote of no confidence to abuse his power as the monarch’s sole adviser to advise her to prorogue a Parliament. It would be absolutely within the monarch’s rights to say, “I am defending the constitution. I am defending this new expectation that we should have five-year Parliaments by trying to see whether there is somebody other than this loser, who has just lost the confidence of the House, who can command a majority. That does not interfere with Parliament or government—I am in fact interpreting properly the will of the people, which is that we should have five-year terms.” I believe that the hon. Member for Rhondda thinks that these rules are unchanging and unbending and that they will not shift and metamorphose in response to the Bill.

[Thomas Docherty]

The hon. Gentleman has referred repeatedly to the will of the people, but at no point did his party leader or the Deputy Prime Minister promise a five-year term. However, his party leader did say that if there was a change of Prime Minister, there would be a general election within six months. Why has that not been considered as part of the Government’s Bill?

[Nick Boles]

The hon. Gentleman is cunning, as ever. Unfortunately, in almost all his interventions in this debate—and in any other—he tends to argue that this House represents the sovereign will of the people, so it is a bit rich for him to shift ground and suddenly say that if something was not discussed in an election campaign, it did not receive the endorsement of the people. We are sufficient and entire unto ourselves, capable of representing the will of the people. If we decide, as I believe and hope we will, that we want to adopt this Bill, and if the gentlemen and ladies in the other place decide that they would prefer to have slightly more sleep and approve the Bill, we will have decided—we are the will of the people—that this is how we want our constitution to operate in future. I do not accept the hon. Gentleman’s ingenious objection.

[Mr Charles Walker (Broxbourne) (Con)]

Will my hon. Friend briefly explain why he feels that the change of a Prime Minister should trigger a general election within six months?

[Nick Boles]

The question that has been asked does not relate to the clause or the amendments and I defer always to you, Mr Deputy Speaker, as to whether my comments would be relevant, although of course I want to be courteous to my hon. Friend.

[Mr Deputy Speaker]

I think we will stick with new clause 4.

[Nick Boles]

Thank you, Mr Deputy Speaker, from the bottom of my heart.

As I hear in the distance the light pop of the second bottle being opened in No. 10 Downing street, I shall move on to other amendments in the group. The hon. Member for Rhondda has talked about tidying up. “Tidy” is a great word, particularly when spoken in the inimitable accent not of the valets, but of the valleys. I rather share his love of the word, but not the concept. It is an entirely classic Labour reaction to try to make everything neat and tidy. His further amendments would tidy up and specify when Parliament would return after a general election, but he has not told us why or when this has been a problem in the past. He never said, “There was that famous time when something happened in the country and we were not able to discuss it because we had not returned,” or, “There was that famous time when the Prime Minister did not want to do PMQs and avoided them because she or he was so terrified.” He has not given any reasons to explain why things are not working at the moment, so this is one of the rare occasions on which I shall associate myself with the deep instinct of my hon. Friend the Member for North East Somerset that we should not change things unless they are demonstrably broken.

[Mr Charles Walker]

Is not my hon. Friend making a good argument for retaining the current system and doing away with the Bill altogether?

[Nick Boles]

That is an even more ingenious attempt, Mr Deputy Speaker, because it is harder for me to appeal to you for succour on this point, but I reject my hon. Friend’s point because I believe that the Bill is one of principle. I believe that the idea of Prime Ministers picking the dates of elections is wholly outrageous in a modern democracy and that we must have fixed-term Parliaments. I happen to know that this argument has been raging inside the Conservative, Liberal Democrat and Labour parties for years, so it is a cause of high principle.

The history of the British constitution is that changes of high principle happen only when the parties in power see political advantage in such change; that is how democracy works. Britain has been reformed when the great causes have been aligned with low party interest and I thank—I am not sure if I am allowed to say what I was going to say—the stars that in this Parliament at this time that alliance of high principle and low politics has come together and that we are putting through Parliament a Bill that will establish fixed-term elections and remove the Prime Minister’s right to choose a date that is to his or her advantage.

[Kelvin Hopkins]

I am listening with interest to the hon. Gentleman. But I would be more convinced by his argument if the Bill were to apply after the next election, but this looks like a Government trying to perpetuate their term in office to five years.

[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.

[Dan Byles]

The House has faced a big problem with fundraising and the increasing cost of democracy. Would not longer election campaigns lead to more expense and a greater requirement for parties to raise funds? We all know that parties get into trouble however they try to raise funds, so is this not the wrong direction to go in?

[Nick Boles]

I agree entirely.

[Chris Bryant]

Well, the hon. Gentleman should not, because if we extended the 17 days to 25, there would be less need to raise money because the amount that can be spent in a short election campaign is much more circumscribed than the amount that could be spent across the whole of the previous year. With a fixed-term Parliament, it should be possible to restrict the amount of money much more readily, so that is a further reason—I am glad he has added another—for him to support my amendment.

[Nick Boles]

I am not sure I understood that point, so, in a traditional Tory way, I am going to reject it because the hon. Gentleman said it.

The issue is whether the timetables should conform to the lower figure of 17 days or the higher figure of 25 days. My instinct, and probably that of most Government Members, is that any conformity should be to a shorter election campaign and a quicker decision. However, we must then address the issue of whether it is appropriate to determine that figure in this Bill. I believe that the Bill makes a fundamental constitutional change—to that extent I agree with those of my hon. Friends who are uncomfortable with parts of it—but that is why I support it. I want that fundamental constitutional change and I want it to remain for ever. I want it to be something that people will describe in 25 or 30 years’ time as one of the big constitutional shifts in the life of modern Britain. Because the Bill will make such a fundamental constitutional change, I do not want to hang about with all sorts of little, pernickety tidying-up exercises. I do not want to lumber the Bill with measures that might seem irrelevant in future, thereby opening the door to further amendment. I want the Bill to have as few clauses as possible—clear clauses that are based on the principled position that the timing of an election should not be up to the Prime Minister but should be a matter of rhythm and pattern defined by our constitution.

[Mr Nigel Dodds (Belfast North) (DUP)]

Is it not in the nature of these issues that parliamentarians will take the opportunity, when a relevant Bill comes before the House, to deal with matters for which such an opportunity might not come again for a long time? What is the hon. Gentleman’s position on the amendment? Does he agree that the election period should be the same for local, parliamentary and Assembly elections, but not that it should be extended? Clearly, there are advantages to having the same period for all elections, not least in terms of calculating election expenditure for returns.

[Nick Boles]

I thank the right hon. Gentleman and I agree with him. If we are to have, as I hope we will, elections falling in a regular pattern, coinciding with other elections to other important democratic bodies, it seems obvious that there should be a consistent series. Otherwise, people would find it very confusing if local election campaigns had started while the parliamentary election campaign they all knew was coming had not. In such a situation, if parties put out leaflets with councillors on one side and a parliamentary candidate on the other, they might get into trouble for jumping the gun. The point he makes is absolutely right, but we should not necessarily decide here and now, in this Bill, between the proposals for 17 or 25 days, or even that the length should be 17 or 25 days. If we want to make this change, should we not think a bit harder about what the period should be? I have only thought of it on the spur of the moment, but I think I could make a very strong case for 12 days, and if someone wants to enter into a bit of a Dutch auction and say eight days, I would be happy with that too.

[Chris Bryant]

The hon. Gentleman is wrong, because one major reason why we might want a slightly longer period is to allow people who register for a postal vote to get their vote in on time. The hon. Gentleman’s Government will be legislating for prisoners to have the vote; they will vote by post, as I understand it. In addition, as I heard him say earlier, people who live abroad—especially those in the armed forces—who vote by post would find it impossible to do so within a period of eight or 12 days. They already find it very difficult to do so within 17 days but they do manage to do so within the 25-day period for local elections.

[Nick Boles]

The hon. Gentleman is being a trifle unkind because he knew I was being a little light-hearted and frivolous; indeed he indulges himself in such behaviour. Whereas we allow him to get away with it, he has taken my light-hearted conjectures as a serious suggestion. What he has done, however, is to demonstrate the force of my argument, which is that we should have a proper discussion, separate from the Bill, about the question, “What is the right time period?”

There are many good counter-arguments; the hon. Gentleman has enumerated some of them. My sympathies for those prisoners denied their right to vote are more limited than my sympathies for the other categories of potential postal voter that he mentioned, but I am sure that those prisoners too will have their defenders. Should we not have a separate debate on a separate piece of legislation on this question—if legislation is required? Maybe it is required, but I do not think that we should be making this amendment to a Bill that needs to stand the test of time. It needs to rest as a keystone in our constitution that lasts through the ages and is not eroded by time. I hope, therefore, that everyone in the House will choose to reject the new clauses and the amendments proposed by the hon. Gentleman.

[Mark Durkan (Foyle) (SDLP)]

My childhood, unlike that of the hon. Member for Grantham and Stamford (Nick Boles), was not peppered with bedtime stories of prorogations and other interesting matters.

Before I speak to the two amendments in my name, I want to discuss new clause 4 and some of the other amendments on Prorogation. I accept the point made by the hon. Member for Rhondda (Chris Bryant) that anomalies left in legislation can lead to all sorts of continuing questions, and to absurdities and abuses. In so far as we are trying to create fixed-term Parliaments and trying to set out in clear and reliable terms the circumstances in which an election can be brought about early, we should as far as possible have those arrangements as tidy—to use the hon. Gentleman’s valleys word—as possible.

However, I accept the point that the hon. Member for Grantham and Stamford made: that the amendments of themselves would not sort out all the questions. If our real fear is that a future Francis Urquhart Prime Minister will exploit these anomalies and devices to create all sorts of problems, we should recognise that the amendments themselves would not fully prevent that, because a Machiavellian Prime Minister who was able to marshal and control votes in the House would be able to do exactly the same with Prorogation. To a degree we are in the realm of,

“There’s a hole in the bucket, dear Liza”.

Each time we try to solve the problem, we come back to the basic issue of trust and control—the control that a Prime Minister and Whips could have in the House, where things rest on a vote determined by the Prime Minister.

I believe, however, that important amendments tabled by Members on the Opposition Front Bench would at least ensure that there are not open and blatant inconsistencies between election spending windows for different elections that could be taking place fairly coterminously. Simply as a matter of good legislative practice, we should as far as possible try to resolve those problems and keep things squared now.

Also in response to what the hon. Member for Grantham and Stamford said, if we are serious about the Bill being a fixed-term Parliament Bill, and if its purpose is to prevent people from being surprised into an election or an election from being called at a stroke, it could help if we had clear fixed time limits for Prorogation, such as those that are being suggested. I am somewhat like the hon. Member for Bolsover (Mr Skinner) in that I come from a political tradition that does not particularly like caps being doffed in the House of Lords or anywhere else, so I would prefer to avoid the constitutional eccentricity of Prorogation, but if that is part of the chosen furniture and architecture of this place, at least let us ensure that we do not trip over it in a dangerous way.