Nick Clegg
Main Page: Nick Clegg (Liberal Democrat - Sheffield, Hallam)Department Debates - View all Nick Clegg's debates with the Cabinet Office
(13 years, 7 months ago)
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The Deputy Prime Minister (Mr Nick Clegg)
I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place her prerogative, so far as it is affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
Mr Speaker
I am grateful to the Deputy Prime Minister and I invite him to introduce the measure and address the House.
The Deputy Prime Minister
I beg to move, That the Bill be now read a Second time.
I should like to thank the Select Committee on Political and Constitutional Reform, under the chairmanship of the hon. Member for Nottingham North (Mr Allen), for its report on the Bill. The Committee has raised a number of important issues in its report that I shall seek to address one by one in my comments today.
The Bill has a single, clear purpose: to introduce fixed-term Parliaments to the United Kingdom to remove the right of a Prime Minister to seek the Dissolution of Parliament for pure political gain. This simple constitutional innovation will none the less have a profound effect because for the first time in our history the timing of general elections will not be a plaything of Governments. There will be no more feverish speculation over the date of the next election, distracting politicians from getting on with running the country. Instead everyone will know how long a Parliament can be expected to last, bringing much greater stability to our political system. Crucially, if, for some reason, there is a need for Parliament to dissolve early, that will be up to the House of Commons to decide. Everyone knows the damage that is done when a Prime Minister dithers and hesitates over the election date, keeping the country guessing. We were subjected to that pantomime in 2007. All that happens is that the political parties end up in perpetual campaign mode, making it very difficult for Parliament to function effectively. The only way to stop that ever happening again is by the reforms contained in the Bill.
As we hammer out the detail of these reforms, I hope that we are all able to keep sight of the considerable consensus that already exists on the introduction of fixed-term Parliaments. They were in my party's manifesto, they have been in Labour party manifestos since 1992, and although this was not an explicit Conservative election pledge, the Conservative manifesto did include a commitment to making the use of the royal prerogative subject to greater democratic control, ensuring that Parliament is properly involved in all big, national decisions—and there are few as big as the lifetime of Parliament and the frequency of general elections.
Mr Christopher Chope (Christchurch) (Con)
Does the right hon. Gentleman recall that during the general election campaign the present Prime Minister said he thought it was desirable that were there to be a change of Prime Minister during the course of a Parliament there should be a general election within six months? Where has that proposal gone to?
The Deputy Prime Minister
I do of course recollect what my right hon. Friend the Prime Minister said during the general election campaign. What he said has been improved upon and superseded by this Bill. [Laughter.] Hon. Members may laugh, but it has been improved upon because it gives the House the right to decide whether it wants to dissolve Parliament for any reason that it wishes. If the House decides that it does not want to continue to express confidence in a Government when a Prime Minister has changed, the Bill will give it the right to dissolve Parliament and trigger a general election.
Mr David Hamilton (Midlothian) (Lab)
Will the right hon. Gentleman give way?
The Deputy Prime Minister
Let me make a little more progress.
Although I understand that some hon. Members have expressed unease at the speed with which we are advancing, let us remember that we are not starting from square one. People have been debating the length of Parliaments since the 17th century and all the parties now agree on the principle of fixed terms.
Mr William Cash (Stone) (Con)
In advancing his rather remarkable theory about improving the powers of Parliament, can the Deputy Prime Minister give an assurance—indeed a guarantee—that in order to ensure that Parliament as a whole could properly make a decision on any such motion, there would be a guaranteed free vote on it?
The Deputy Prime Minister
The hon. Gentleman is a great expert in expressing his views regardless of what the Whips say. Whipping is of course a matter for the parties. I question his suggestion that there is something unorthodox or unwelcome about giving the House more power. We have a Prime Minister who is the first in history to relinquish the right to set the date of the general election. Surely the hon. Gentleman, who has always fought so valiantly for the rights of the House, welcomes that shift of power from the Executive to the legislature.
Sir Peter Tapsell (Louth and Horncastle) (Con)
The right hon. Gentleman has just made a statement that the Prime Minister has made on a number of occasions—that he is giving away a power that no previous Prime Minister has chosen to do. Why do the right hon. Gentleman and our Prime Minister think that they are wiser than their 40 predecessors?
The Deputy Prime Minister
As I said, the virtues of a fixed-term—[Interruption.] It is not a question of wisdom; it is a question of the weight of history. We have been talking about this for decades, the Labour party campaigned on it, as did other parties, and at a time when we are trying to restore people’s confidence in politics after the expenses scandals, one of the essential ingredients is to strengthen the rights of the House at the cost of the excessive powers of the Executive.
The Deputy Prime Minister
I want to make a little headway on the detail of the Bill.
The Bill makes provision for the next parliamentary general election to be held on 7 May 2015.
Pete Wishart (Perth and North Perthshire) (SNP)
Was the right hon. Gentleman aware of anything else happening in May 2015? National elections perhaps? Did he consider them and reject them? Why is he holding an election on the same day as the elections for the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly?
The Deputy Prime Minister
If the hon. Gentleman can be patient, I will turn to that issue as it is a legitimate one. We had a debate last week about the coincidence of the date of the referendum being the same as that of the elections for the devolved Assemblies, but, as I shall acknowledge later, if he can hold on, I recognise that concerns about the coincidence of two parliamentary elections are qualitatively different and need to be examined further.
Each subsequent parliamentary general election after 7 May 2015 will be expected to occur on the first Thursday in May every five years, dovetailing with new arrangements that will see parliamentary Sessions run from spring to spring from 2012, as we have just heard from my right hon. Friend the Leader of the House.
Mr Jack Straw (Blackburn) (Lab)
On parliamentary Sessions, the right hon. Gentleman heard his right hon. Friend the Leader of the House say that there would be opportunities during debates on this Bill to debate his announced decision this morning in respect of abolishing one Queen’s Speech and having a two-year Session, until May 2012. Will the Deputy Prime Minister explain how those debates on the proposals made by the Leader of the House will arise during the Bill, because there is absolutely nothing in it that relates to them? To facilitate such provision, will the Deputy Prime Minister ensure, if necessary, that the Government move new clauses providing for the dates of Prorogation and the Queen’s Speech so that we can have those debates?
The Deputy Prime Minister
As the right hon. Gentleman knows, that is not a legislative matter so such provisions would not be necessary. As I am sure he will acknowledge, these matters are linked. If we adopt this legislation on fixed-term Parliaments, which I understand he supports—unless he has changed his mind—it will have a knock-on effect: we need to align the Sessions of this Parliament to the new fixed-term provisions. Instead of hyperventilating about the abolition of a Queen’s Speech, I hope the right hon. Gentleman will recognise that all we are doing is introducing a one-off, transitional arrangement so that those two facts are aligned.
Mr Straw
Of course I understand why it is being done, but there is a lot of objection, and not just from the Opposition, to having a Session lasting two years. That has not happened for the last 150 years and it has implications for the power of the House. As the Official Report will show, the Leader of the House told the House just a few minutes ago that there would be opportunities to debate his proposal under this Bill. Could we know how that will arise?
The Deputy Prime Minister
The right hon. Gentleman is already doing it, so I am sure that there will be more opportunities for him and his colleagues to do so in Committee. I would like to point out a fact to him. The extension of this Session will last in practice for five months. It is a one-off, transitional arrangement to make sure that we have reliable annual Sessions from spring to spring, in keeping with the fixed-term Parliament provisions that we have introduced in the Bill.
John Hemming (Birmingham, Yardley) (LD)
May I remind my right hon. Friend of the comments by the hon. Member for Newport West (Paul Flynn), who said that the whole issue of whether we should have a Queen’s Speech every year or every two years—and in fact, whether we should divide Parliaments into segments—should be considered? The hon. Member for Nottingham North (Mr Allen) has argued that we should not put that in the Bill, because it needs to be considered by the Select Committee on Political and Constitutional Reform.
The Deputy Prime Minister
It is not in the Bill, but it is a consequence of it. If we have fixed-term Parliaments, we need to revisit the way in which Sessions are organised.
We must retain flexibility on an exceptional basis, allowing us to deal with unexpected crises or conditions that make it necessary to move the election—for example, a repeat of the foot and mouth crisis, which led to the postponement of elections in 2001. In such circumstances, the Prime Minister will, by affirmative order, be able to vary the date of Westminster elections by up to two months, either before or after the scheduled date. Such a move will require the consent of both Houses, thereby preventing this power from being abused in a partisan manner.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I put it to my right hon. Friend that these proposals, whatever the merits of fixed-term Parliaments—personally, I do not support those proposals—smack of gerrymandering the constitution in favour of a particular coalition? That is definitely a bad thing. It is a subjective judgment to suggest that this is giving power to Parliament, as it can be argued that it is taking it away from it. Does this not smack of constitution making on the hoof? What we need is a proper constitutional convention to consider such a major change to our constitution.
The Deputy Prime Minister
I do not agree that this is an innovation made on the hoof, as it has been discussed for decades. I am disappointed that my hon. Friend does not recognise that taking a power away from the Executive after years in which they have been too dominant in relation to the legislature is a step in the right direction, providing more powers to Parliament that do not exist at present. It is also fully in keeping with democratic practice in many other democracies.
Mrs Anne McGuire (Stirling) (Lab)
I am astonished by the Deputy Prime Minister’s comment that he would build flexibility into the legislation so that if something such as foot and mouth occurs, changes can be made. Is that not giving back to the Prime Minister the prerogative to call an election, although the right hon. Gentleman is attempting to take that prerogative away from him? Surely it was a political decision not to hold the election in May 2001, not a constitutional one.
The Deputy Prime Minister
With respect, the right hon. Lady is reading too much into something that is a perfectly practical, common-sense solution to what happens if, in exceptional circumstances, as we saw in 2001, the election simply cannot be held on a proposed date.
The Deputy Prime Minister
Well, the right hon. Lady shakes her head, but she would not have liked elections to be held in the middle of the foot and mouth crisis. We need to respond to such things. The decision would be made by affirmative order, so the House of Lords, too, would have a say, preventing the politicisation of that decision.
The Deputy Prime Minister
I should like to make progress before giving way again.
Some hon. Members have asked, quite reasonably, why Parliaments will run for five years, not four. That is one of the issues that has been raised by the Political and Constitutional Reform Committee in its report. Let me explain: five years is the current maximum length for which our legislation provides. Five years is the length of Parliaments in France, Italy, and South Africa, among others, and it is the maximum length of Parliament in India. In the United Kingdom, three of the past five Parliaments have run for five years. Leaving aside the very short Parliaments, half of all Parliaments since the war have run for more than four years, so five years is both in keeping with our current arrangements, and has international precedent.
Chris Bryant (Rhondda) (Lab)
But if the right hon. Gentleman is to give us all the statistics, he must add that since 1832 the average peacetime length of a Parliament has been three years and eight months—nowhere near five years, which has been pretty exceptional across that time. On the international comparisons, none of the other countries that he mentioned has the same structure with the Executive coming out of Parliament, so ours is a very different system. I urge him to look again at four years.
The Deputy Prime Minister
I am not entirely sure whether that last assertion is correct. The hon. Gentleman wants to give the House a history lesson, so perhaps I may refer him to the Parliament Act 1911, which introduced the current five-year maximum. The then Prime Minister, Herbert Asquith, told the House that five years would
“probably amount in practice to an actual legislative working term of four years”—[Official Report, 21 February 1911; Vol. 21, c. 1749.]
That is a quote that I picked up from the Committee’s report, rightly pointing out that when a Parliament is expected to last for only four years, as is now the case, it very often ends up, in effect, a three-year Parliament. So our view is that by fixing the cycle at five years, we help to mitigate—[Interruption.] The hon. Gentleman says that that is a ridiculous decision. He knows as well as anybody else that for 12 or 18 months before an election is held, work in the House is blighted by all the parties politicking in advance of polling day. Therefore, if we want Governments to govern for the long term, we think five years is the right period of time.
Mr Straw
The right hon. Gentleman mentions the Second Reading speech by Herbert Asquith in February 1911. I am very grateful to the House of Commons Library for drawing this to our attention. I have the full speech. The right hon. Gentleman cannot use that quotation to justify something that was never the sense that Asquith was putting across. What Asquith was suggesting was that Parliaments within the five-year bracket would normally last from beginning to end for four years. That was the Liberal party policy as late as 2007. Why is it not now?
The Deputy Prime Minister
I will not compete with Herbert Asquith as well as with the right hon. Gentleman. The wording, as I said, makes it clear that he was pointing out something that we all know: that politics becomes consumed by electioneering in the run-up to a general election, and that therefore, if we have a five-year fixed term, as we are advocating in the Bill, in reality the Government of the day have at least four years to govern for the benefit of the country.
Mr David Hamilton
I will go back not 100 years, but 10 years. Have the Government considered the other three nations of this country, which have decided on a four-year period? Surely four years fits, so that there will not be a conflict in the future. The current term should be either four years, or six years, moving back to a four-year cycle, otherwise there will be a conflict that is insurmountable.
The Deputy Prime Minister
As I said earlier, I recognise that there is an issue there, as the hon. Gentleman says. That coincidence of UK elections to the House and devolved elections will occur every 20 years. If he will allow me, I will return to the issue in greater detail in a while.
The date of the next election specifically—
The Deputy Prime Minister
I should like to make some headway. The date of the next election, Thursday 7 May 2015, has also raised some questions, as Holyrood, the Welsh Assembly and Stormont will all be holding their own elections on the same day. The issue of combining polls came up last week when we were debating the decision to hold a referendum on 5 May next year, as that referendum will coincide with elections in Scotland, Northern Ireland and Wales.
Let me be clear. We believe that holding a referendum on the same day as a parliamentary or Assembly election is entirely justifiable. It allows us to avoid asking people to traipse back and forth to the ballot box, it is an uncomplicated event in which people are simply being asked to say yes or no to the referendum question, so it avoids any confusion or overlap with the elections to the devolved Assemblies, and of course it will save money. However, as I said, I accept that holding elections to different Parliaments or Assemblies on the same day is altogether more complex—
The Deputy Prime Minister
I shall explain. It is not a simple yes or no choice to a referendum question, but raises a host of questions about how people are governed at the UK-wide and devolved level by different parties and different politicians. With elections to the devolved legislatures every four years and to Westminster every five years, such a situation would occur every two decades. With the next occurrence in five years, we have time to plan for it, but we need to give the issue proper further thought. There is already scope in legislation to vary the dates of elections to devolved legislatures, and the Government are now actively considering whether those powers are sufficient. We have not yet reached a conclusion—we will be very interested to hear the views of others—but if we decide that further powers are needed, we will put forward proposals for an alternative.
Iain Stewart (Milton Keynes South) (Con)
With the Prime Minister having the power, subject to resolutions of both Houses, to vary the date of the general election, would a condition for varying that date be the date of a devolved Assembly election, and would it be for Westminster or the devolved Assembly to make the variation?
The Deputy Prime Minister
As I explained earlier, the purpose of that exceptional power is to deal with exceptional circumstances, such as the foot and mouth crisis in 2001, so that is not the intention. What I have just tried to explain is that there will be an issue, once every 20 years, with the coincidence of elections to this House and to devolved Assemblies. The devolved Assemblies, as I said, have powers to adjust that date, and we are considering whether those powers are sufficient to deal with this. [Interruption.] There is a lot of harrumphing from the hon. Member for Dwyfor Meirionnydd (Mr Llwyd). I am trying to be very open and to acknowledge that there is an issue that people understandably feel strongly about in Cardiff, Edinburgh and elsewhere, and we want to work with him and others to find a solution.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
Surely it is not in the interests of this Government or anybody else to have two major elections within four weeks. That is the point, because there is a leeway of only four weeks within the devolved Administrations.
The Deputy Prime Minister
That is exactly what we need to look at, and it is exactly why we need to consider whether the existing provisions are sufficient. The hon. Gentleman implies that they are not.
Maria Eagle
I am grateful to the right hon. Gentleman for giving way on this point. Is he saying that the problem occurred to the Government after the Bill was drafted? If it had occurred before the Bill had been drafted, surely some provision should already be in the Bill, but he will have to bring forward some new provision.
The Deputy Prime Minister
As I was seeking to explain, our approach is first to acknowledge that there is a legitimate issue—[Interruption.] If the hon. Lady could just listen to me, she may find satisfaction in the explanation. We believe that the answer to that does not necessarily lie in this Bill, but in the powers enjoyed by the devolved Assemblies in Holyrood and in Cardiff. That seems to us to be the right way to proceed.
I note today that the Electoral Commission has highlighted that an extension to the electoral timetable would support participation by overseas and service voters, and support the effective administration of elections. The Government are considering this issue and I have already indicated to the commission that we think there is a great deal of merit in exploring the potential for a change to the timetable. As the commission said in its statement today, the matter requires a thorough review to ensure that any change is coherent with the arrangements for elections across the piece. We will set out our proposals and the timetable once that review is complete.
I want now to focus on the issue of early Dissolution. The Government of course recognise the possibility of exceptional circumstances that would make it appropriate for Parliament to dissolve before completing its full term. Currently, the House of Commons may vote—by a simple majority—to say that it has lost confidence in the Government, and there is a wide expectation that this will result in Dissolution. That is an important convention, which will be not just unaffected by the Bill but strengthened, a point that I will come to in more detail shortly.
Mr George Howarth
I am grateful to the right hon. Gentleman for eventually giving way. If the measure is genuinely a transfer of power from the Executive to the legislature, can he explain the reason for clause 2(1)(c)?
The Deputy Prime Minister
The right hon. Gentleman may be referring to the continuation of the existing powers to prorogue Parliament, which will remain in place, particularly after the House has been dissolved for exceptional reasons. In addition, the Bill provides for a new power for the House of Commons to dissolve Parliament early by means of a motion, passed by a majority of two thirds of the total number of seats in this House, which states that an early general election should take place. This new power ensures that Parliament will be able to dissolve itself in any eventuality, regardless of whether the reasons relate to the merits or failings of the Government of the day.
As you will be aware, Mr Deputy Speaker, these votes have already been the subject of considerable discussion. I shall therefore take a little time to explain to the House exactly how they will work. First, on the new power of early Dissolution, the defining principle of this Bill is that no Government should be able to dissolve Parliament for their own political advantage. So as I said, in order to secure a Dissolution motion, a vote will need to be passed by a majority of two thirds of MPs— the same threshold that is required in the Scottish Parliament and the Welsh Assembly. Hon. Members will remember that originally the coalition proposed a threshold of 55%. That was not found to be satisfactory by many Members of this House, who feared that it would not provide a sure enough guarantee against a Government with a large majority triggering an election for partisan gain. We listened to those arguments and we agreed that the bar should be raised. At two thirds, we have settled on a majority that no post-war Government would have been able to achieve. It will be possible only if agreement is secured across party lines, thereby preventing any one party or the Executive from abusing this mechanism.
On powers of no confidence, no-confidence votes have until now been a matter of convention.
Sir Peter Tapsell
Before my right hon. Friend moves on to his next point, can he explain why, when he is putting forward a Bill of the most enormous constitutional importance, almost revolutionary in concept, there is not a single Conservative Cabinet Minister on the Front Bench to support him?
The Deputy Prime Minister
I am sure that they have other things which they need to attend to.
As I said, no-confidence votes have until now been a matter of convention. Although it has been widely accepted that a no-confidence vote would require a Prime Minister either to resign or to call an early election, there has been nothing to date to enforce this. So for the first time, the Bill gives legal effect to a motion of no confidence passed by this House. Such motions will continue to require only a simple majority.
Mr Robert Buckland (South Swindon) (Con)
Does my right hon. Friend agree that it is imperative that the courts do not end up determining issues arising from Dissolution, and is he satisfied that the Bill as drafted ensures that that awful nightmare will never happen?
The Deputy Prime Minister
I am absolutely confident of that. I will shortly explain why in further detail, because that possibility was raised in a memorandum by the Clerk of the House to the Political and Constitutional Reform Committee.
Such motions of no confidence will continue to require only a simple majority. Following the passing of a no-confidence motion, there will be a period of 14 days during which a Government may seek to gain the confidence of the House. If, during the 14-day period, a Government emerge who can command the confidence of the House, then they will be free to govern for the remainder of the five-year term. We believe that a period of 14 days strikes the right balance, allowing enough time for an alternative Government to be formed while ensuring that there is not a prolonged period without an effective Government.
Mr Laurence Robertson (Tewkesbury) (Con)
Earlier, the right hon. Gentleman said that this was partly about restoring the public’s confidence in Parliament, but is it not correct that we could witness a change of Government without there being a general election, which surely will not satisfy the public?
The Deputy Prime Minister
The point of this change is that if the House no longer has confidence in the Government of the day it can pass a vote of no confidence under existing provisions, but legally enforced, and that any new Government who then try to reconstitute themselves would have to enjoy the confidence of this House—and therefore also, by extension, the confidence of the people we all represent in our constituencies, until the end date of the fixed-term Parliament comes around.
Mr Peter Bone (Wellingborough) (Con)
At the moment, the situation is that if there is a vote of no confidence, the Queen will decide whether Parliament is dissolved, and she then has the right to look for an alternative Government. Why do we need to mess around with the constitution, changing something that seems to work very well?
The Deputy Prime Minister
We are seeking to strengthen and reinforce the powers of this House. The motion of no confidence will be passed by this House, and it will be up to this House to decide whether any subsequent Government constituted within a very short period of time—within two weeks—deserve to continue to be supported by this House. If Members of the House do not wish to provide that support to that Government, the House can say no. That seems to me to be strengthening the powers of the House.
Mr Richard Shepherd (Aldridge-Brownhills) (Con)
I am obliged to the Deputy Prime Minister. Will not all we have in those 14 days just be an auction of offices and promises and the usual making of a Government? [Interruption.] No, I did not mean it in that sense.
In Gibbon’s “Decline and Fall of the Roman Empire”, a succession of Caesars were bought and sold by the praetorian guard. Is that what this constitutional reform programme amounts to?
The Deputy Prime Minister
I really think that my hon. Friend is reading too much into the provision. The existing arrangements on votes of no confidence are fairly similar to what we are proposing. First, the vote will be precisely as it is now—50% plus one. Secondly, a new Government can be asked to be formed after that vote of no confidence.
The Deputy Prime Minister
No, not necessarily; that is not an automatic consequence of the existing provisions. We are giving the House a new power, passed by two thirds, that would force an early election and the Dissolution of the House.
The Deputy Prime Minister
I would like to make some progress.
In the event of an early Dissolution, under whatever circumstances, the decision will be confirmed by the issuing of a Speaker’s certificate, meaning that there will be no ambiguity about whether the House had voted for a Dissolution with the requisite majority or whether a vote of no confidence in the Government should trigger a Dissolution. It will also mean that procedures of the House will determine whether the triggers are satisfied, rather than that being in the hands of either the Executive or the courts.
As I said earlier, I know that the Clerk of the House of Commons has expressed concerns about these arrangements in a memorandum to the Political and Constitutional Reform Committee. The memorandum suggests that the courts may be able to intervene in parliamentary business. The suggestion is that we would therefore be better off implementing the changes through Standing Orders rather than primary legislation. I would like to reassure the House that the Government have looked into the issue in considerable detail. We are satisfied that the provisions in the Bill will not allow the courts to question the House’s internal affairs.
The Minister for political and constitutional reform, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), has placed in the Libraries of the House a paper setting out our views. Briefly, we are satisfied that the courts will continue to regard matters certified by the Speaker as relating to proceedings in Parliament and therefore falling under the protection of article 9 of the Bill of Rights. The memorandum refers to the legal challenge in 2005 to the Hunting Act 2004 as authority that courts will interfere in parliamentary proceedings. However, that case was concerned with the validity of the Parliament Act, not the internal proceedings of Parliament.
The Deputy Prime Minister
I shall finish what I am saying about this detailed and involved point.
During that case, the House of Lords reiterated that courts cannot interfere in those proceedings, so far from leading us to believe that courts may intervene under the provisions of the Bill—
Mr Deputy Speaker (Mr Nigel Evans)
I understand that “Erskine May” states that, but how much detail has just been given is open to debate. I call Mr Clegg.
The Deputy Prime Minister
I hope that the right hon. Gentleman will acknowledge that I have merely referred in passing to a court case, which, as I said, confirms that courts will not involve themselves in internal parliamentary proceedings.
The Bill explicitly confirms that the Speaker’s certificate
“is conclusive for all purposes.”
So the decision is for the Speaker, not the courts or the Executive.
The Deputy Prime Minister
Not yet, as I suspect the hon. Gentleman might want to raise the point that I am about to mention.
It is also a power that falls totally outside the remit of the European courts. On that note, I give way.
Mr Cash
It was not that point at all. I assure the Deputy Prime Minister that I am very much more concerned about our domestic arrangements in this House in this respect.
The Clerk of the House, a very distinguished expert and our pre-eminent expert in the House on matters of procedure, was quite clear in his evidence. Does the Deputy Prime Minister not find it, to say the least, a little curious—even bizarre—that he should be using this opportunity to repudiate the views of the Clerk of the House of Commons about a matter of vital constitutional importance, without our having had the opportunity to see the counter-evidence? In addition, does doing that in this way not undermine the integrity and standing of the Clerk of the House?
The Deputy Prime Minister
First, it is worth acknowledging, as the Chair of the Committee would do, that many other distinguished experts and academics in this field explicitly demurred from the analysis provided by the Clerk when the evidence was provided to the Committee recently. Secondly, the Clerk’s memorandum was provided to the Committee and it is therefore available to everyone in the House to examine for themselves. Thirdly, we have today placed in the Library of the House a letter from the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean, that sets out in detail our reasoned views. I do not think that this is a question of scientific doctrine. It is a matter of some significant judgment, and our judgment, based on important precedent, is that there is nothing in the Bill that will invite the courts to intervene in the internal proceedings of the House.
Mr Cash
This is a very important constitutional question. The Deputy Prime Minister has just implied that there could well be a dispute. The letter—which I have not yet had an opportunity to see—itself disputes the view of the Clerk of the House. Will the Deputy Prime Minister not concede that this matter could well be referred to the courts, even if he and his Government take the view that it could not, and that their view does not preclude the courts from intervening in certain circumstances? This is his view, and the view of the letter writer, but it is not necessarily the view of the courts.
The Deputy Prime Minister
As I have said, it is not only our view in the Government; it is also the view of a number of very distinguished constitutional experts who gave evidence to the Committee on this very point just a short while ago. As I was seeking to point out, we have looked at the court case on the Hunting Act 2005 specifically cited in the memorandum from the Clerk, and found that it arrives at exactly the opposite conclusion.
Mr Allen
In the very limited time that we had to look at this matter, the Clerk was the only person to raise this question, and the academics who have been referred to—Professor Hazell, Professor Blackburn and others—completely disagreed with the view put forward by the Clerk. This is simply a question of whether the power exists in statute law or in Standing Orders. I should like to quote from the Committee’s report, in which we said:
“It would be a pity if the Executive gave up the power to call an election at a time of its own choosing only for the legislature to hand it back by a simple suspension of Standing Orders to that same end.”
In other words, we all know that the Standing Orders of the House can be suspended at any moment on the whim of the Executive. It would be a shame, were the Executive finally to give up that power, for us simply to hand it back again.
The Deputy Prime Minister
I am grateful for that clarification. I strongly agree with the hon. Gentleman, and we agree with the Committee’s conclusions on this point. Given the constitutional significance of the Bill, which has been underlined by many Members during the debate, it would be inappropriate for those significant constitutional provisions to be translated into Standing Orders. They need to find their way into primary legislation, and into law.
In the event of an early Dissolution, and an early general election, the new Parliament will run until the first Thursday in May in the fifth year of its existence, unless, of course, it too is subject to early Dissolution. Questions have been asked about whether the new Parliament should run for the full time, or whether its life should be limited to whatever period its predecessor had left on the clock. Our view is that resetting that clock is a more sensible proposition. That is the arrangement that will be most natural to voters; people do not expect to elect a Parliament knowing that it will last only a short time. When they hand a Government a majority, they are giving them a mandate to govern for up to five years.
Mr Jenkin
I am grateful to the right hon. Gentleman for giving way. He is being assiduous, and the House appreciates that. I put it to him bluntly, however, that the Bill takes away from a simple majority in the House the right to cause a general election and puts into the hands of, perhaps, himself leading a minority party the ability to withdraw his support from one party and give it to another in order to form an Administration, without the risk of a general election. Is that really fair?
The Deputy Prime Minister
First, that is precisely the position now, as the hon. Gentleman knows. Secondly, he is viewing the Bill through a prism of—how can I put it?—suspicion, which really is not justified. It gives new powers to the House, and I hope that he will come to that view himself as it is examined on the Floor of the House, as it should be. The Bill is giving new powers to the House in addition to the powers of no confidence that do not already exist, which we are also strengthening in turn.
Mr Edward Leigh (Gainsborough) (Con)
Will the Deputy Prime Minister confirm that if, God forbid, our friends and Liberals were to walk away from the coalition and if the Bill were passed, there is no doubt that our Prime Minister could call an immediate election? Is there any doubt about that?
The Deputy Prime Minister
The Bill speaks for itself. With respect, this is genuinely not about the internal dynamics of this coalition Government. [Interruption.] I hear from the groans and the roars that that view is not widely shared. I hope that anyone who has listened to what I have said today will reasonably conclude that the Government are doing something that should be welcomed in this House—strengthening its powers, while weakening those of the Executive. We are surrendering the Prime Minister’s right to set the date of the general election—a power that has been used and abused and has become the plaything of Prime Ministers of all parties for far too long.
Mark Durkan
Is the Deputy Prime Minister not being somewhat disingenuous in stressing that the Dissolution of Parliament is a spectacular new power to be given to this House, when just a few moments ago he stressed that the very high threshold for that power would make it virtually impossible to attain?
The Deputy Prime Minister
What I was trying to explain was that the existing powers to pass a motion of no confidence will not only remain exactly as they are, but be given legal force so that they will be strengthened. In addition, to cover any exceptional circumstances that might arise, we are giving the House new powers—I stress that this is a new power, which currently does not exist—to dissolve Parliament altogether and trigger a general election. The only institution whose power is being seriously curtailed by the Bill is that of the Prime Minister.
This Bill is modest in size—it has just five clauses and one schedule. Clause 1 relates to polling days for parliamentary general elections, including the setting of the date of the next election on 7 May 2015, and sets out the five-year term. Clause 2 provides for the circumstances in which an early parliamentary general election can be held. Clause 3 makes the key necessary changes to electoral law and the law concerning the meeting of Parliament in the light of fixed days for elections. Clause 4 deals with certain supplementary and consequential matters—preserving the Queen’s power to prorogue Parliament. Clause 5 sets out the short title of the Bill and provides that it will come into force on Royal Assent. The schedule contains consequential amendments to a number of Acts of Parliament. In contrast to the previous Government, who aggressively programmed their Bills, we propose not to curtail debate on each clause, but to allow two full days on the Floor of the House for Committee stage.
Paul Uppal (Wolverhampton South West) (Con)
Is the Deputy Prime Minister mindful of unintended consequences? One aspect of fixed-term Parliaments and fixed terms in general elections is that costs are often associated. Campaigning often starts earlier—in North America, for example, where there are seats for the Senate, the House of Congress and presidential seats. General elections and primary elections start very early, so perhaps an unintended consequence of the Bill could be additional costs for campaigning, not to mention apathy among the general public.
The Deputy Prime Minister
I would argue that the real cost is incurred by all of us when we are constantly on tenterhooks about whether or not the Prime Minister of the day is going to call a general election. That is precisely what happened in 2007. At the last general election, we all promised the voters that we would seek to provide stable, good and strong government not constantly hijacked by the ducking and weaving of the Executive trying to second-guess what people are thinking and trying to choose a date in the political calendar to suit their own ends. That is what the Bill delivers, and it seems to me that, in one way or another, we all promised that to the voters at the last general election.
Clearly, there are strong views across the House on the best way to implement fixed-term Parliaments, but everyone can surely now acknowledge that the Prime Minister has, through this Bill, become the first Prime Minister in British history to agree to relinquish his power to trigger elections.
The Deputy Prime Minister
I want to finish now.
That is a hugely important break with the past, and exemplifies the reformist spirit at the heart of our new politics. Let me finish by reminding hon. Members that although we might disagree on some of the detail of the Bill, we are united on the principle that underpins it. Fixed-term Parliaments constitute a major transfer of power away from the Executive and a major strengthening of Parliament’s authority over its own lifetime. The Bill is a major step towards the more legitimate, stable political system that we have all promised to the British people.