Sue Gray Report

Aaron Bell Excerpts

Monday 31st January 2022 Commons Chamber

[The Prime Minister]

Not only have I accepted full responsibility throughout, but I have apologised repeatedly to the House for any misjudgments that I may have made myself, but, again, I must urge the hon. Lady to wait for the conclusion of the inquiry.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

It seems that a lot of people attended events in May 2020. The one I recall attending was my grandmother’s funeral. She was a wonderful woman. As well as her love for her family, she served her community as a councillor and she served Dartford Conservative Association loyally for many years. I drove for three hours from Staffordshire to Kent. There were only 10 people at the funeral; many people who loved her had to watch online. I did not hug my siblings. I did not hug my parents. I gave a eulogy and afterwards I did not even go into her house for a cup of tea; I drove back, for three hours, from Kent to Staffordshire. Does the Prime Minister think I am a fool?

[The Prime Minister]

No. I want to thank my hon. Friend and say how deeply I sympathise with him and his family for their loss. All I can say, again, is that I am very, very sorry for misjudgments that may have been made by me or anybody else in No.10 and the Cabinet Office. I can only ask him respectfully to look at what Sue Gray has said and to wait for the conclusion of the inquiry.

Covid-19 Update

Aaron Bell Excerpts

Wednesday 5th January 2022 Commons Chamber

[The Prime Minister]

I have a couple of points—I do not think the hon. Gentleman knows much about Disraeli, by the way. The Mayor of Greater Manchester actually just said that the Government are taking the right approach. To the hon. Gentleman’s point about fixing the problems of the social care sector, which is valid, it is this Government, after decades of failure by Labour to do it—[Interruption.] Absolutely true. We are fixing social care, and they would not even support it.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

Mr Speaker, I hope you had a good Christmas break—a better break than the shadow Health and Social Care Secretary, who, since we last met, has taken a number of positions. On 19 December, he said that the Government need to “act now” and Labour called for actions before Boxing day. On 20 December, he said that the British public know that “additional restrictions are inevitable”. On 21 December, he criticised the delay. On 27 December, he said that

“people will be relieved to see no new restrictions”.

We all want a responsible and constructive Opposition, but does the Prime Minister agree that that is not opposition, but opportunism?

[The Prime Minister]

That sums up all people need to know about the Labour party. It instinctively reaches for measures to lock down the UK economy and do huge damage. We are taking a balanced and proportionate approach. There are difficulties ahead, but we are taking the right approach. If the Opposition are now saying that they support it—[Interruption.] Are they saying they support it? I do not know. Let us wait for Captain Hindsight to come back.

Oral Answers to Questions

Aaron Bell Excerpts

Tuesday 9th November 2021 Commons Chamber

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

12. What progress his Department has made on the roll-out of electronic tagging for offenders.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

18. What progress his Department has made on the roll-out of electronic tagging for offenders.

[The Minister for Crime and Policing (Kit Malthouse)]

I am happy to report excellent progress on our electronic monitoring programme. We recently expanded our world-first acquisitive crime project, GPS tagging all those released from prison who were convicted of those crimes, to cover half of England and Wales. Between April and September, more than 1,500 offenders had to wear a sobriety tag.

[Kit Malthouse]

It is typical of my hon. Friend to think about the burden on policing. He is one of the primary supporters of the police in this House; I am grateful to him for that. We hope that the GPS tagging programmes—specifically, as he says, for prolific acquisitive criminals—will actually reduce the burden on policing. As he knows, something approaching 50% of offenders who have been burglars or robbers go on to reoffend. By putting a tag on their ankle so that we know where they are 24 hours a day, we essentially put a probation officer or police officer alongside them. We hope that that will be a huge deterrent. It also means that if there is a breach or somebody is identified as being at the same place that a crime has occurred at the same time, it is much easier for the police to find them because we can track them down through the tag. As we expand the programme further, from six to 19 police forces across the country, we need to monitor the impact on policing, albeit that, thus far, the police are enthusiastic proponents of the scheme.

[Aaron Bell]

Newcastle-under-Lyme plays host to the North Staffordshire Justice Centre, so I know that my constituents will welcome what the Minister has said. What steps will he take to invest in the latest technological advances, so that tagging will keep pace with the behaviour of offenders?

[Kit Malthouse]

That is a brilliant question, not least because my hon. Friend has put his finger on the button of where we need to go next. As part of the £183 million that the Treasury has now invested—with some confidence, I like to think—in the future roll-out of our electronic monitoring programme, we have £19 million to invest in future technology. In particular, I am keen to stimulate the market to find the holy grail of tagging, which would be a drugs tag that we could fit to the ankle of offenders with that kind of problem, and therefore deter them from taking drugs in the first place.

Committee on Standards: Decision of the House

Aaron Bell Excerpts

Monday 8th November 2021 Commons Chamber

[Wendy Chamberlain]

These are all things that need to be looked at on an ongoing basis, and there are potentially areas where the different processes are in conflict. However, I will now make some progress.

Who is influencing our politics? How is taxpayers’ money being spent, and what is being done to hold those in power to account? Those questions are why we argue that we need a public inquiry, with the powers and resources to get to the depths of the situation we are in. People around the country who play by the rules deserve answers, but instead they are being let down by this Government and by a Prime Minister who will not take even the most basic of steps to turn up to this debate.

It is a great shame that the Prime Minister has not graced us with his presence this afternoon, because there is still a huge amount that we do not know about the events of last week. There are many questions that demand answers, many of them involving the Prime Minister’s personal role in this affair. This is a Prime Minister, after all, who has been under investigation more times than any other Member in recent years. The question is: who stands to benefit from getting the current standards processes out of the way? Members of the public will have to draw their own conclusions on that, with the Prime Minister not being here today.

However, the questions do not stop at the Prime Minister; they extend to all those involved in the whipping operation last week. First, why was there a whipping operation in the first place? This was House business and it should not have been whipped. The Government tried to change our procedures without our consent; and then they U-turned and tried to walk it back. But they cannot walk back the events of last week—that is why we are here, looking forward.

We have heard serious, concerning allegations today that Members breaking the whip were threatened with a removal of funding for projects in their constituencies. I ask the Minister for the Cabinet Office to address that point and whether it is this true, as the matter deserves further investigation. The idea that communities should suffer because their representative did the right thing is, frankly, abhorrent. Despite all those alleged threats, the whipping operation was only a partial success. I thank those Members on the Conservative Benches who stood up for what was right and those Members, including the Father of the House, who last week supported my application for this debate.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I just wish to make it clear that at no stage were any threats of that nature made to me when I broke the whip last week.

[Wendy Chamberlain]

I thank the hon. Gentleman for his intervention and for providing us with that clarity—it is unfortunate that the Prime Minister is not here to do that.

The final set of questions is for us, in this place, to answer; they are not for Ministers and the Government, but for Members of this House. How do we go about rebuilding trust and confidence in what we do here?

--- Later in debate ---

[Aaron Bell (Newcastle-under-Lyme) (Con)]

It is a pleasure to follow the hon. Member for Motherwell and Wishaw (Marion Fellows). I congratulate the hon. Member for North East Fife (Wendy Chamberlain) on securing the debate, which has been a necessary corrective to what happened last week.

I will talk about friendship, which is a key part of this place. We spend so much time together here, and it would be intolerable if everything were about politics. Our friendships are vital for mutual support and relaxation, and to remind us what truly matters in life. Although we refer to Members on our own sides of the Chamber as our hon. Friends, many friendships are forged across the Chamber. I will come back to that later.

Loyalty to one’s friends in times of great difficulty is among the most admirable of traits, but I fear that it was an overzealous application of that principle that helped to lead the House to its extremely unfortunate decision last Wednesday. Mr Paterson’s friends understandably wished to stand by him and protect him, especially given the tragedy that had struck his family—of course, our sympathies are still with him. As he is no longer in this place, I do not wish to dwell too long on the findings of the report from the Committee on Standards, but I share the hope expressed by its Chair that we will get a say on that report.

I studied the report carefully, both its conclusions and source material, particularly Mr Paterson’s emails contained in it. In the light of its contents, and particularly what has happened since last Wednesday, I gently wonder whether his friends took the wisest course of action in trying to protect him. Sometimes, friendship means counselling somebody out of a fixed position, rather than reinforcing it. There is kindness in giving friends advice that they may not want, but need, to hear.

I am proud to be part of the 2019 Conservative intake of MPs, often called “the 109”, and I have made many new and firm friendships within that group since I arrived in this place. There is nothing like a shared experience to bond people together, and we have all been through quite the experience in the last two years. Many of my friends within that group have endured a miserable time since last Wednesday’s vote. Many wish that they had chosen to vote differently and are beating themselves up about it. I say to them that loyalty to one’s party is also an admirable trait—this place, indeed our entire political system, could not function without that—but the reality is that they should not have been put in such an invidious position.

The 109 subsequently acquired an additional member, my hon. Friend the Member for Hartlepool (Jill Mortimer). I hope that she will not mind me quoting her WhatsApp message to our group, given that it subsequently leaked to the press:

“This was a colossal misjudgement, it should not have been whipped. You should have been allowed to vote with your conscience on this.”

I could not agree more and I hope that Treasury Ministers are listening. Let us return to the convention that House business is not whipped. I praise her courage in voting against the motion last Wednesday, having only been in this place for six months. I am proud to call her my friend.

I praise my hon. Friends the Members for Bolsover (Mark Fletcher) and for Warrington South (Andy Carter), who are also from the 2019 intake. They sit on the Committee for Standards and gave splendid speeches earlier. They have handled themselves with the utmost dignity and integrity in the face of some totally unacceptable briefings, and I am proud to call them my friends as well.

I thank friends from both sides of the House who took the time to check on me last Wednesday. Breaking the Whip is not straightforward: it churned me up beforehand and left me a little shellshocked afterwards —perhaps it will be easier next time. I was deeply touched by the number of Members—friends—who stopped to simply ask whether I was all right. I see some of them here today, but there were many more besides, including some outside this Chamber.

Friendship, especially cross party, is needed more than ever in this place, particularly in the light of the terrible murder of our colleague Sir David Amess. I recognise that cross-party trust on standards was badly broken last Wednesday, but I hope for all our sakes that the damage can be repaired as soon as possible.

Elections Bill (First sitting)

Aaron Bell Excerpts

Committee stage
Wednesday 15th September 2021 Public Bill Committees

[Brendan O’Hara]

Well, you say we are moving to the Northern Ireland system. The Northern Ireland system was introduced for very specific reasons. Are you saying we should move to the Northern Ireland system because there are similarities between what is happening here in 2021 and what was happening in Northern Ireland in the 1980s and 1990s?

Lord Pickles: I think you are putting words in my mouth. My remarks on Northern Ireland were restricted to the point that at first there was a paper check, and then photo ID. The Government are suggesting that we move on to photo ID now. What has changed since 2016 is the growth of photo ID. It is important to be able to demonstrate who you are when you go to the polling station, not just in order to deal with personation but to emphasise the importance of the vote. No doubt you will spend many happy hours together debating that point. I shall read the debates with great interest.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

Q I wanted to pick up on your point about policing, Mr Mawrey. You have been very critical, in both your judgments and your previous evidence to Parliament, of the police and their determination not to get involved. My question is twofold. What does that imply about how many cases have not been brought that perhaps ought to have been? Does the Bill empower the police, and would you expect them to be more willing to be involved in future?

Richard Mawrey: Those are two separate questions. One was whether the police are empowered. They have the necessary powers now. In the aftermath of my critical remarks in the Birmingham judgment, a number of forces had designated officers to deal with the issue, but for various reasons, there were never enough officers for some to be spared to deal with electoral matters only, so they tended to be somebody who added this issue to his or her other duties—say, with the fraud squad, or whatever it was. They did not have the time or resources, because obviously this was regarded—not unreasonably—by some police forces as being very low priority. They tend to think, “This is a squabble between politicians. Let them sort it out.”

In certain areas—Tower Hamlets is a good example—the police force was wary of the local politicians, who were, of course, only too anxious, particularly in the case of Lutfur Rahman, to meet any sort of criticism or investigation with cries of “Institutional racism!”, mentions of the Macpherson report, and all that. The police were wary of dealing with that. They have the powers; whether they have the resources and the will is an entirely different matter.

On whether lots of cases are going undetected, the answer is undoubtedly yes. It is very difficult to prove fraud, and when you have proved it, it is very difficult and time-consuming to prove who benefited from it. In some systems—in Australia, for example—you can prove fraud until you are blue in the face, but you no longer prove who benefited from it, so anyone elected with fraudulent votes stays elected. That is obviously not a good idea. What you see in the cases that I try is the tip of the iceberg, and those cases exist only because concerned citizens are prepared to put their money—their houses, sometimes—on the line in order to fight that fraud. You can end up, as the petitioners did in Tower Hamlets, with a large order for costs against someone who cheerfully declares themselves bankrupt, and you find yourself having spent a fortune doing what you think to be right, only to see none of that money back.

What the Bill does not deal with, although it might have done, is any reform of the process of electoral petitions, trying disputed elections, and all that—things on which Lord Pickles and I have given evidence on other occasions. I am sorry that it does not deal with that, but it is a big, long Bill; perhaps you will get round to it later. The idea that it should be made easier for elections to be challenged by citizens or candidates, and less expensive—

[The Chair]

I am sorry; I have to come in there. We have one minute left, so we can have a very short question and answer.

--- Later in debate ---

[Jerome Mayhew (Broadland) (Con)]

Q I will build on the questions that my colleague, Mr Clarkson, posed to Councillor Golds a moment ago, about personation in polling stations and how prevalent it is. In his judgment in the Bordesley Green ward and Aston ward Birmingham fraud trials back in 2005, the election judge, Mr Mawrey QC, stated that,

“there is likely to be no evidence of fraud, if you do not look for it.”

Your teams in the polling booths are the frontline in identifying personation. What tools do you currently have to look for personation fraud?

Gillian Beasley: When we organise our elections, we graduate our polling stations to the ones where we think the most issues will be. We employ presiding officers who have a lot of experience in dealing with the administration of their polling station. However, more than that, we train them around the issues of personation and ensure that they know the statutory questions. There are also ways in which, when someone comes into a polling station and they ask them to give their names, they are very particular about ensuring that we keep with the processes.

We also always have police in those polling stations. There will be two police officers, and there will also be polling agents, so we give a very clear statement that we take personation seriously. When you walk into a polling station in that area, you will see well-trained staff and police officers, and you will likely see a polling agent. There is training that we do. There is also an incident response, so if staff are concerned about an elector, they have a police officer they can talk to. If a polling agent raises an issue, it can be responded to immediately.

The message goes out there that that is what you will find when you go into a Peterborough polling station and those that we consider to be at risk. That is the approach that we take in ensuring that the training and the experience is really good. As Paul Bristow said, we also have CCTV. It conveys how seriously we take electoral fraud in those stations.

[Aaron Bell]

Q I just wanted to briefly ask ACC Cann about polling day, and whether he thinks that the measures around voter ID and undue influence will make polling day easier for the police.

Assistant Chief Constable Cann: I am not sure I heard the question. I think it was whether the measures around undue influence are likely to make life easier for the police.

[Aaron Bell]

And voter ID on polling day.

Assistant Chief Constable Cann: Thank you very much. I think, in general, they are potentially helpful measures indeed. It is always difficult for policy makers to strike the balance between an accessible system and a secure system. If the balance was struck in that particular way in any future Act then, on balance, yes, it would probably be helpful for the police if those measures were brought in.

[The Chair]

Order. That brings us to the end of the time allotted for the Committee to ask questions and, indeed, for this morning’s sitting. I thank our witnesses on behalf of the Committee for their evidence. The Committee will meet again at 2 pm to continue taking oral evidence.

Dissolution and Calling of Parliament Bill

Aaron Bell Excerpts

Committee stage & 3rd reading
Monday 13th September 2021 Commons Chamber

[Chloe Smith]

In that case, Mr Evans, I am going to carry on until you tell me otherwise. There is an amount to get through, but I hope to do so.

The schedule provides for a number of changes to primary and secondary legislation to ensure the effective operation of the statute book when the 2011 Act is repealed. These amendments primarily reverse or alter legislative amendments made by the 2011 Act. The schedule works with clause 6. As I have explained, we want to make sure that references to the 2011 Act work elsewhere in other legislation. There are some key changes in the schedule to draw to the attention of the House.

The first is to rule 1 of schedule 1 to the Representation of the People Act 1983, which sets out the election timetable. The Bill amends that rule to ensure that the trigger for the election process in the case of a parliamentary general election is the Dissolution of Parliament, following the recommendation of the FTPA Joint Committee.

The second change provides additional certainty in relation to the election process. The election writ is deemed to have been received the day after the Dissolution of Parliament. This will allow returning officers to begin arrangements the day after the election writs are issued, enabling all constituencies to begin making the necessary preparations, even in the event that the physical delivery of the writ is delayed. Similar deeming amendments are included for by-elections.

The third update is to section 20 of the Representation of the People Act 1985. Under the existing legislation, in the event of the demise of the Crown after Dissolution or up to seven days before, polling day is postponed by a fortnight. The 1985 Act provides no discretion or flexibility to further alter the date of the poll. This Bill provides limited discretion for the Prime Minister to move polling day up to seven days either side of this default 14-day postponement, by proclamation on the advice of the Privy Council. This is beneficial because it ensures that enough flexibility is built into the system should such specific and unlikely circumstances ever occur. There is also flexibility to move the date set for the first meeting of Parliament in such circumstances—again, by proclamation on the advice of the Privy Council.

The last key change that I will highlight in this section is to the Recall of MPs Act 2015, which is amended to ensure that there continues to be provision to prevent or terminate recall petitions close to a general election to avoid redundant by-elections. This means that there is no requirement to trigger a recall petition if the last possible polling day for a general election, based on Parliament running its full term, is less than six months away, and a recall petition is to be terminated when Parliament is dissolved. For the reasons that I have set out, I recommend that the schedule be the schedule to the Bill.

If it remains convenient to you, Mr Evans, I will now start to work my way through the amendments that have been tabled, but I remain at your disposal to return to the clauses if hon. Members would like me to respond after they have spoken to their amendments.

New clause 2 has been tabled by the hon. Member for Rhondda (Chris Bryant). As I understand it, it seeks to provide a role for the House of Commons in approving an early general election by simple majority vote. This would adjust the arrangements that exist under the 2011 Act by removing the two-thirds majority requirement. It would in itself be a departure from the prior constitutional norm, whereby the Prime Minister could request an early Dissolution of Parliament in order to test the view of the electorate. As we have already begun to touch on in this afternoon’s debate, the deadlock and paralysis created by the 2011 Act did rather demonstrate why a prescriptive statutory approach does not work. Instead, what we are doing in the Bill is returning to a set of widely understood constitutional conventions and practices. Those tried and tested arrangements are the right ones, and this new clause would run against the grain of those arrangements.

It is, after all, a core underlying principle that the authority of the Government and the Prime Minister, as the sovereign’s principal adviser, are derived from the ability to command the confidence of the House of Commons. The 2011 Act attached confidence and the decision of the Prime Minister to call an election to statutory motions, which gave the Commons a direct say in Dissolution, but it is also possible to argue that those arrangements hindered the function of democracy by making it harder to have necessary elections. Instead, the House should indeed be able to express its view on confidence, but in a much freer manner. We do not need the prescriptive statutory approach of either the 2011 Act or, I fear, this new clause.

New clause 2(5) would require the Prime Minister to advise the sovereign on the date of the election within 30 days of the House approving a motion for an election. I would argue that this is not necessary. Under the Bill, once a general election has been called and Dissolution takes place, the election timetable in schedule 1 to the Representation of the People Act 1983 makes the provision for the timing of an election very clear. Again, rather than introducing prescriptive arrangements, we believe that we should return to tried and tested standards whereby it is a core principle that the Prime Minister must be able to command the confidence of the House of Commons. New measures around that concept are not needed.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

If a Prime Minister were to request a Dissolution that was proper but was perceived to be for political advantage and was premature, would not the remedy be in the hands and judgment of the electorate?

[Chloe Smith]

Yes, that is precisely the point, and that underlies a number of our considerations. In the place of a prescriptive statutory scheme, we can place our trust instead in the ability of people to choose against the behaviour that they observe from parties in Parliament.

Let me turn to new clause 5, which is also in the name of the hon. Member for Rhondda. It would require the House to start sitting 14 days after a general election. Although I agree that Parliament should meet as soon as possible after polling day, it is not necessary to codify that in legislation. Fundamentally, this is a similar type of argument. It is difficult to reconcile more extensive codification with the scheme of the Bill, and I shall set out the reasons why.

First, we think it is unnecessary to allow for such a 14-day period. Before and under the 2011 Act, the date of the first meeting of Parliament was set by the sovereign on the advice of the Prime Minister. In practice, Parliament has met within one to two weeks of a general election on all but two occasions since 1950. There are compelling practical reasons for a new Government to call a new Parliament as soon as possible. As I put it earlier, no Government can manage without supply. As the Joint Committee put it,

“without…the authorisation of the Commons to spend money…a modern administration could manage months at best”.

Ultimately, having won an election, any new Government would want to assemble Parliament to pass their Queen’s Speech at the earlier opportunity, and be able to move on to legislation and supply.

--- Later in debate ---

[Alec Shelbrooke]

rose—

[Aaron Bell]

rose—

[Chloe Smith]

I will not give way to my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) again, if he will forgive me. I will give my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) a go.

[Aaron Bell]

My hon. Friend said a moment ago that she could not speak exactly for the AEA, but she will know from the open letter that it wrote to her that it wants even more time. It is proposing an extended 30-day timetable to

“increase capacity, introduce resilience and ensure electors are put first.”

That is all very well, but the point of an election is not to have the most perfect election imaginable, but to get the right result efficiently, so that everyone can cast their vote, but the country can be allowed to move on and resolve whatever tensions led to the election. The ever lengthening timetable is not in the national interest, let alone the interest of individual electors or individual candidates.

[Chloe Smith]

I am happy to confirm from this Dispatch Box that the Government’s position is to maintain the electoral timetable as it stands—I am not proposing an extension or reduction—but I draw the threads together as follows. We need to ensure that the system works for voters, and that includes them having enough time to register to vote, to receive their ballot papers, to return their ballot papers and to decide on the candidates in each constituency—we have a constituency-based system, after all. We also need to be able to make the same point about supporting candidates to fulfil their part of what needs to happen in an election timetable, both those who stand for parties and those who stand as independents. We have to think through these things if we legislate here.

In response to right hon. and hon. Members who have tabled the amendments, I suggest there is perhaps a space here for looking further into these issues. There would be an opportunity to have some research drawn together on the tensions between voter engagement, the resilience of polls and the needs of the country for a period when it does not have a Parliament or MPs able to help constituents. Although the Government continue to hold the powers needed to carry out essential business and respond to sudden, unexpected or distressing events, none the less the Government do after all need Parliament to be sitting. If needed, I will return to those points after right hon. and hon. Members have spoken, but I will leave new clause 1 and amendment 3 there.

--- Later in debate ---

[Mrs Miller]

Of course, my hon. Friend is absolutely right. He has a wealth of knowledge on these issues, as I know from having served on a Bill Committee with him.

We are talking not only about the impact on people standing for election. By lengthening our campaigns by almost two weeks, a number of other issues start to come into play. There is two weeks less scrutiny of Government by this place, which is not an inconsiderable issue that we should look at, yet it is not part of a scheme of work to consider all of these different issues. There is the fact that purdah gets longer not just at national level, but at local level, so fewer decisions are being made by local government for longer, and in stifling decision making that also has an effect that is not being captured. There are not inconsiderable impacts on our economy with the potential risk to our economy, depending on the economic circumstances we face at the particular time. Indeed, there is the risk of an outside actor interfering in our democratic process. The length of elections matters to returning officers—that is for sure—but there are many other issues that we should be considering that it is not clear are being brought into play at the moment.

[Aaron Bell]

My right hon. Friend has given an excellent list of some of the reasons why a long campaign is not desirable, but the simple fact is that voters are without their MPs. If, for example, Operation Pitting had taken place during an election campaign, Members across the House who have been deluged by casework would not have been able to take up that casework in the midst of an election campaign. The longer the campaign, the more likely it is that something will occur during that campaign.

[Mrs Miller]

My hon. Friend has put his finger on something that is probably more inequitable than he has realised, because constituents who have a re-standing Member of Parliament can deal with casework, but those where such an individual is not standing again do not have that access to casework. He raises an incredibly important point that needs to be taken into account.

There is emerging academic research in the US and Sweden that recommends shortening the length of campaigns for some of the reasons that have been made in interventions about increasing voter turnout, yet the Cabinet Office, in the excellent work it does with its democratic engagement plan, is silent on this issue. I was really pleased to hear the comments made by the Minister from the Front Bench today. Indeed, I thank her enormously for the way she has engaged on this and for the meetings she has had with colleagues. It is clear that she is not silent on the issue—she has views and thoughts—but there is no formal assessment of the link between the length of an election, voter engagement and all the risks I have talked about to our broader democracy.

New clause 1 is very much a probing amendment, but it needs a very clear response from the Minister today. She is quite rightly concerned about things such as engaging overseas voters in participating in the electoral process in a much more comprehensive way through other pieces of legislation that she is bringing before this place, and that is laudable and an important objective. However, the issue there is not the length of campaigns, but the awareness of the need to register annually. In some ways, the length of campaigns is sometimes being used as a solution for what is not necessarily the problem we face.

--- Later in debate ---

I would prefer a four-year Parliament. I tabled an amendment to that effect in 2011, during the passage of the Fixed-term Parliaments Bill. That is a more natural timescale. Governments tend to have run out of steam by the time they get to four years. They only end up not having an election at four years when they think they are going to lose, so they keep on running and running and running until they hope things will improve and something will come along. If we look around the world, many countries have elections after either four years on a fixed basis or three years. I think three years is too short. The idea that we should have the longest parliamentary term of any democracy in the world—any democracy in the world—is extraordinary and we should amend that, even if it is only to take an extra week off. I am grateful for Members’ attention.

[Aaron Bell]

It is a pleasure to follow the hon. Member for Rhondda (Chris Bryant)—the right hon. Member, I should say.

[Chris Bryant]

Just hon.

[Aaron Bell]

Not yet. I am sure it will come in time.

I will not repeat my Second Reading speech—this is the Committee stage—but I still welcome the Bill for all the reasons I gave on that day. I welcome the Government’s continued engagement with all of us who have an interest in it, in particular members of the Joint Committee on which I served with the hon. Member for Rhondda and many other Members, with whom I made friends and now sign amendments with. Perhaps the Whips will regret putting me on that Committee in the fullness of time.

I will turn to new clause 1, in the name of my right hon. Friend the Member for Basingstoke (Mrs Miller), in a little while, but first I want to discuss the overall principles relating to Dissolution. The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, my right hon. Friend the Member for Surrey Heath (Michael Gove) said on Second Reading that the right place for a proper discussion of the principles was in Committee, so I think it is probably right, with your indulgence, Ms Winterton, that we have a little discussion about them. Perhaps the Minister can reflect on them in her closing remarks, too.

We heard about Tommy Lascelles and his principles from 1950. Younger viewers will remember him from “The Crown”, played by Pip Torrens, as the private secretary to Her Majesty, but at the time he was the private secretary to His Majesty. He was talking about the principles in another closely contested election period—1950 and 1951. Those principles are relevant today, but the second one about the national economy was widely considered to have fallen into abeyance. There are other principles that we should perhaps consider. It was the opinion of the Joint Committee that the Dissolution principles document issued by the Government did not go quite far enough and did not cover other aspects of Dissolution—the calling of the new Parliament and so on. I therefore ask the Minister to comment a little on the 20 principles in our report: on the overall paramount confidence in our system, what it means to lose the confidence of the House and how to determine that, and what the Prime Minister ought to be doing in certain circumstances, whether to offer the resignation of the Government or to request a Dissolution from the monarch, and when it would be more appropriate for the Prime Minister to resign. We said that it would be more appropriate if there had recently been a general election, if there was a new Prime Minister from that Member’s party, or if it appeared that another person might command the confidence of the House—that was, of course, the third of Lascelles’s principles. The work of the Committee in putting together a more complete list of principles around confidence ought to be reflected in the debate and I ask the Minister to reflect on that in her closing remarks.

Turning briefly to new clause 1, since I am a signatory to it with my right hon. Friend the Member for Basingstoke, I am grateful for the comments the Minister made from the Dispatch Box. I am also grateful for her engagement with those of us who signed new clause 1. I welcome the additional research we ought to see. As I said in my intervention on her earlier, the purpose of an election is not simply to have the most perfectly admirable election in the world, but to resolve things. The longer we take, the more people we can register and persuade to vote, but as my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) said, eventually they might get bored and not vote. The point of an election is to resolve things. We want to make sure people vote—once and once only, as I said in my speech on the Elections Bill the other day—but the key purpose of an election is to let the country move on from a moment of tension, contest and electoral joust between opposing candidates in our constituencies. I do not think it serves anybody for that to go on a day longer than is truly necessary. That is why I was happy to put my name to new clause 1.

I listened to the Electoral Commission and the Association of Electoral Administrators. I understand that there are complications with going back to the status quo ante of 17 days as things stand, but I reflect on what my hon. Friend the Member for Calder Valley (Craig Whittaker) said. Rather than saying it cannot be done with the rules as they are, we should look at which rules we could change to get back to the status quo ante. The Bill takes us back to the status quo ante in so many ways and I welcome that, but the real key is to get everything back to how it was before. I remember, as a teenager, watching elections that were short, sharp and got the job done. It did not work for us in 1997 when I was a teenager, but it got the job done and let the country move on. That is what we should have with our elections. They should not be dragged out for months. For the reasons I have given and for the candidates too, we should look at ways to make them shorter, notwithstanding the arguments that have been made by the administrators.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

Diolch yn fawr, Dame Rosie; it is a pleasure to contribute to this debate, to serve under your chairmanship and to speak to my amendments 4 and 5. I welcome the provisions in the Bill that put certain safeguards in place to protect against a clash between ordinary Westminster and Senedd elections. My amendments go one step further and would remove regulations from the Government of Wales Act 2006 that allow the Secretary of State to combine a UK general election with an extraordinary general election to the Senedd. Although these are probing amendments, I would like to set out why the possibility of even an extraordinary election to the Senedd taking place at the same time as a Westminster election is a cause for concern.

The introduction of the Elections Bill has put Wales and Westminster on a rapidly diverging path when it comes to empowering and engaging citizens in the democratic process. In Wales, 16 and 17-year-olds are allowed to vote in Senedd and local elections, rightly having a say over critical issues that affect their future. In Wales, any legal citizen, no matter their nationality, can vote in Senedd and local elections. It is telling that as Wales and, of course, Scotland extend their franchise, this place seeks to do the exact opposite. In Westminster elections, the introduction of mandatory ID cards risks placing an additional barrier between voters and democratic engagement, especially for younger people and minority groups.

This all comes at a time when the Conservative Government here are intent on slashing the number of Welsh MPs from 40 to 32. Not only is this part of a relentless anti-devolution power grab from our Senedd, but it will cause practical confusion, as many will find themselves living in different boundaries for the Senedd and Westminster. In addition, if both elections were held at the same time, headlines would inevitably be dominated by the Westminster election, prejudicing the national debate in Wales. Despite the fact that we will celebrate a quarter of a century of devolved Welsh governance in a few years’ time, there continues to be a lack of understanding about which tier of government is responsible for which policy area. Simultaneous elections would therefore only increase confusion, a phenomenon probably encouraged by some political parties.

I gladly admit that there has yet to be an extraordinary Senedd election to date, but it is not completely out of the realms of possibility. Indeed, further reforms to the Senedd may make this outcome more likely. For example, the expert panel report on Assembly electoral reform, chaired by the formidable Professor Laura McAllister, made a strong case for the introduction of the single transferable vote system—a system that could vastly improve how connected voters feel to the democratic process but which would make coalition Government in Wales inevitable. Although I believe such cross-party governance to be a good thing, it could increase the likelihood of an extraordinary election.

Elections Bill

Aaron Bell Excerpts

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Mr Steve Baker (Wycombe) (Con)]

Mr Deputy Speaker, it is the second time you have done that to me; the first time was my maiden speech.

I welcome this essential Bill. What I want is a fair vote for everyone, and that is why I was very pleased to lead the first Adjournment debate of this Parliament on 19 December 2019. Further to the speech of the hon. Member for Norwich South (Clive Lewis), I am clear that in Wycombe, the victims of electoral malpractice are ethnic minorities. Overwhelmingly, it is ethnic minorities whose votes are stolen, in some cases very deliberately.

First, I want to welcome some provisions and then, if I have time, I will say where the Bill could go further. On postal votes, proxy votes and voter ID, I welcome the provisions in the Bill, but I particularly want to emphasise, because I suspect no one else will, the importance in the undue influence measure of provisions about spiritual injury and spiritual pressure. I have thousands of British Muslim supporters in Wycombe, and I know from my friends and supporters that they were accused in the most strident and offensive terms, which I will not repeat, of being apostate, because they declined to vote for the Muslim candidate. That is an absolutely outrageous way to polarise our politics. If I did it as a Christian, there would rightly be national outrage, so I am pleased to see that provision in the Bill.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

My hon. Friend is making a powerful speech, and I draw his attention to the words of the judge in the Tower Hamlets case, who made the same point. He said:

“The real losers in this case are the citizens of Tower Hamlets and, in particular, the Bangladeshi community. Their natural and laudable sense of solidarity has been cynically perverted into a sense of isolation and victimhood, and their devotion to their religion has been manipulated—all for the aggrandisement of Mr Rahman.”

That is the reality of these sorts of fraud cases.

[Mr Baker]

I am grateful to my hon. Friend. I am clear that in speaking in support of the Bill I am standing overwhelmingly for my ethnic minority voters in Wycombe. I am absolutely clear about that in my mind. I am clear that they are the most strident supporters I have on this matter in my constituency.

I will not repeat the matters that I raised on 19 December, because that took several times longer than the time I have remaining, so I will point out five areas where the Bill could go further. The first is that many people are incorrectly listed on the electoral roll, entitling them to vote. Many of the issues are already illegal, but there is a strong argument that if the electoral roll was much more tightly governed, the opportunity for criminality, and particularly the misuse of postal votes, would be reduced.

There needs to be a national check for uniqueness, but without a national database. I am grateful to the Electoral Commission for meeting me; I have shown it a technique that could be used with a kind of digital fingerprint to guarantee uniqueness. We need to ensure that people only vote once in the UK. I have seen a WhatsApp message where somebody said, “I have voted in Birmingham; I am now coming to Wycombe to vote against Baker.” I do not mind people voting against me if they are so convicted, as it were, but I do mind them voting twice.

The second point is that people register to vote at an address where they do not reside. I could take Members to a small Edwardian three-bedroom house in Wycombe where 12 electors are registered to vote. We absolutely know that they do not reside there. It is very important that people register to vote only where they reside. It is also important that people do not end up abusing the postal vote system by applying for a postal vote on someone’s behalf and then casting it without their knowledge. We also can give examples of where that can be done, although I do not have time now.

Thirdly, there are instances where foreign nationals here legally in the UK—very welcome they are, too—and with a national insurance number are not entitled to vote. We have examples of some people of Turkish nationality and some EU nationals. In some cases, people just do not know that they are not entitled to vote in a national election. We need to ensure that we tell them. I could give anecdotes of people who find they have inadvertently voted and wished they had not, because they had no intention of breaking the law, so we need to educate them.

Fourthly, I realise and accept that at this stage the Minister almost certainly cannot do anything about the national uniqueness of the electoral roll—I put that on the record so that we can come back to it—but this is an area where I think he could go further. When someone wishes to make an objection to someone’s name being on the roll at a particular address, the name of the objector must be disclosed. That is a reasonable principle of justice to ensure that the accused knows the name of their accuser. The point for me is about when their name is disclosed. It seems that just as an accused person is revealed when they are charged—not when they are arrested—so it could be the case that a person challenging the electoral roll is named publicly only at the moment when someone is charged so that that person knows who their accuser is for the purposes of the criminal justice system and the accuser does not end up exposed to intimidation for challenging registrations on the electoral roll. I make that case because such challenges need to be made and there is a problem with people either not making them or making them and subsequently feeling they were or could have been intimidated.

Finally, the Minister needs to do much more to educate voters about what the law is. For example, I am sorry to say that we cannot assume that just because a postal vote is completed by an elector in their own home, it has been completed freely. I know of one lady from an ethnic minority community who asked to cancel her postal vote because it had been taken from her and given to a candidate. I personally reported that candidate to the police. That is just one example concerning the treatment of women, which is not equal everywhere. In particular, I fear that women are not being given the opportunity to cast their vote freely. However they choose to vote, they should have their choice. In so far as it is up to me, I am not having this country go back to the pre-suffragette era in which women’s votes were abused. That requires us to be realistic and understand that some women cast their votes at home under duress.

I welcome the Bill and am grateful to the Minister, who will have my full support. Let us not listen to some of the nonsense we have heard today.

--- Later in debate ---

[Aaron Bell (Newcastle-under-Lyme) (Con)]

As many colleagues have said, confidence in our electoral system and the ballot is crucial. Members may not be aware, but we experienced a very troubling incident in 2017 in Newcastle-under-Lyme. It was a case of incompetence, rather than fraud. In the general election of 2017—I was not a candidate then—approximately a thousand people in Newcastle-under-Lyme were disenfranchised. Approximately 500 students who tried to register when the snap election was called were not registered in time, and approximately 500 people who sought postal votes because they were going to be on holiday did not get their postal votes. This was incompetence, not fraud, but an investigation was carried out. It did not go to an election court.

The Association of Electoral Administrators produced a report on the failings of the council at the time, and the strength of feeling among the voters who missed out on their votes was very strong. One constituent of mine, who applied for a postal vote and did not receive it, wrote a letter to the chief executive of the council:

“For me a vote is not merely a mark on a paper; it symbolises my inalienable right to choose who shall govern me and set the tenor of my life for the next five years. This right and privilege has been won for us over many generations by brave and dedicated men and women and is a precious gift. That I have been robbed of it by some administrative incompetence is an insult to their legacy and a grave disservice to me.”

That is how he felt about being robbed by incompetence, but we have heard today of many cases where people have been robbed of their votes by fraud.

We have heard anecdotal evidence from individual Members. My hon. Friend the Member for South Cambridgeshire (Anthony Browne) gave us a case, and my hon. Friend the Member for Wycombe (Mr Baker) described very troubling cases. We have heard Government Members who directly experienced what happened in Tower Hamlets in 2014, including my hon. Friends the Members for Gedling (Tom Randall) and for Bolsover (Mark Fletcher). People had their votes stolen. We all want people to vote—I completely subscribe to what my constituent said—but we want them to vote once, as my hon. Friend the Member for Wycombe said—and the Bill will ensure that happens. It will make sure that people cast their votes once and once only, and not under the duress that we have seen far too often.

I do not have time to go over some of the other cases, such as the Slough case or the Birmingham case, which was described as “a banana republic”. The judge in the Slough case at the election court in March 2008 noted:

“Recent legislation has addressed and largely solved the problem in Northern Ireland but there has been a flat refusal to introduce similar measures in mainland Britain.”

Finally, over 13 years later, we are introducing those measures that were called for under a Labour Government way back in 2008. I welcome what the Minister said in her speech.

People need ID to collect a parcel, to use a concessionary bus pass and even to attend Labour party meetings, as others have said. People need ID to vote in Northern Ireland—legislation introduced by Labour. As for the issue of why people should be disenfranchised by not having ID, we have addressed that point in the Bill—there will be free ID for everybody. We will make sure that people know how to access that ID.

I do not have time to go into the other elements of the Bill that I support. I hope to be able to engage with the Minister as the Bill progresses through Committee and on Report. I wholeheartedly support this legislation.

Oral Answers to Questions

Aaron Bell Excerpts

Wednesday 14th July 2021 Commons Chamber

[The Prime Minister]

I think that the whole House will acknowledge the suffering of victims like Julie and their families. Of course, nothing I say or can do now can in any way mitigate her loss. That is clear. But it is also true that the people of Northern Ireland must, if we possibly can allow them to, move forwards now.

The right hon. and learned Gentleman will know that the proposals that are being introduced—the House will hear about them in more detail later from my right hon. Friend the Secretary of State for Northern Ireland—are measured, balanced and have a wide degree of support, if I may say so, from former Labour Prime Ministers and former Labour leaders who are of considerably more distinction than the right hon. and learned Gentleman. He will recall that it was under a Labour Administration that many terrorists were unfortunately given, effectively, an amnesty. They were allowed to escape the full consequences of their crimes, as he knows very well. That is the reality.

This is of course no consolation to people like Julie, but the sad fact remains that there are many members of the armed services who continue to face the threat of vexatious prosecutions well into their 70s and 80s and later. We are finally bringing forward a solution to this problem to enable the Province of Northern Ireland to draw a line under the troubles and to enable the people of Northern Ireland to move forward. Someone with greater statesmanship and clarity of vision would have seen that and given the proposals a fair wind.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

The scandalous situation with the noxious gas emissions at Walleys Quarry landfill in my constituency continues. To date, there has been no apology from the operator, Red Industries, and no credible explanation for the odour that is blighting the lives and health of so many of my local residents. What assurances can the Prime Minister give me today that every effort will be made to speed up the works that have been mandated by the Environment Agency, that we will get a deadline for when we can expect the awful situation to be resolved, and that those responsible are held fully to account?

Dissolution and Calling of Parliament Bill

Aaron Bell Excerpts

2nd reading
Tuesday 6th July 2021 Commons Chamber

[Michael Gove]

It is precisely because there have been at least two elections of the kind that the hon. Gentleman draws attention to that the Fixed-term Parliaments Act has not done what it said on the tin. It has failed the Ronseal test. For those who advocated the Fixed-term Parliaments Act in the first place, all sorts of arguments were made about the importance of the predictability of election timing, and, of course, the Bill palpably failed to achieve that in the way that it failed to achieve so much else. What we are doing with this legislation is restoring a tried and tested method by which Prime Ministers can command the confidence not just of this House, but of the country.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

Will my right hon. Friend give way?

[Michael Gove]

I am more than happy to give way to my hon. Friend, a distinguished member of the Joint Committee.

[Aaron Bell]

Does the Secretary of State agree that any legislation in this area must work with any parliamentary arithmetic? That was the problem we saw in the previous Parliament and that is what going back to the status quo ante before 2010 will achieve.

[Michael Gove]

My hon. Friend is absolutely right. Our approach to the dissolution of Parliament and the calling of elections before the Fixed-term Parliament Act was robust, successful and effective and ensured that our democracy worked as it should. What we are doing is ensuring that those tried and tested procedures are restored, and in so doing not just fulfilling our manifesto pledge, but—and it was a pleasure to do so—fulfilling the manifesto pledge of the right hon. Member for Islington North (Jeremy Corbyn) and making sure that democracy in that way is underpinned.

--- Later in debate ---

[Michael Gove]

I think that I would defer to others on fixing the precise date, but I believe that that is so.

[Aaron Bell]

In addition to what is in the Bill, we have to discuss what is not in it: the conventions that we seek to restore and the Dissolution principles published along- side the draft Bill. As my right hon. Friend will know, the Joint Committee considered the conventions, the paramountcy of confidence and all those things quite extensively. From reading our report, what conclusions have the Government reached about the nature of confidence and the circumstances in which calling a general election would not be an appropriate thing for a Prime Minister to do?

[Michael Gove]

Again, my hon. Friend makes a very important point. Alongside the Bill, we have produced a brief statement of Dissolution principles. He is absolutely right. Our broad understanding of Dissolution principles derives from a letter written by Sir Alan “Tommy” Lascelles pseudonymously—I am glad to be able to use that word in the House of Commons—to The Times in the 1950s. He argued that a Dissolution should not be granted if the monarch thought that there were a viable alternative that could command a majority in the House of Commons—or, indeed, if it were a time of economic crisis or peril in which it would be inappropriate for a general election to be called. We think that it is very difficult, as my hon. Friend the Minister for the Constitution and Devolution and others made clear in evidence to the Joint Committee, to provide an exhaustive list of example cases in which it would be inappropriate for a Dissolution to be granted when requested. One thing we would like to do in Committee is have proper consideration of them.

It is important that our constitution always remains flexible and agile. I could conceive of circumstances—immediately after an election defeat, for example, when a Prime Minister is still perhaps clinging on, seeking to form a coalition or a confidence and supply arrangement and failing to do so—when that Prime Minister might seek an immediate other Dissolution shortly afterwards. In such circumstances, I can see that it would not be appropriate for a Dissolution to be granted. As I say, it would be helpful for everyone to take part in the debate to outline the circumstances that they think should guide the operation of the principles.

--- Later in debate ---

[Cat Smith]

If it does not work out in politics, perhaps I have a career as a therapist.

I find it remarkable that Ministers sitting on the Treasury Bench filed through the Lobby 10 years ago to vote for the Fixed-term Parliaments Act, as today they will presumably be voting the opposite way.

[Aaron Bell]

The hon. Lady asks who power is being transferred to but, as the Chancellor of the Duchy of Lancaster said, it is a transfer to the people.

I enjoyed the hon. Lady’s exchange with the hon. Member for Edinburgh West (Christine Jardine), but the problem with the 2017 Parliament is that it did not trust the people, which is why we ended up where we did. That is why we had to have the election we eventually had, and it is why we had the result we did. If we just trusted the people, we would all be much better served.

[Cat Smith]

The hon. Gentleman is right to say this is about power and where power lies. Where we probably disagree and diverge is on the definition of where power is moving to and from.

The Bill before us transfers all the power into the hands of one individual, the Prime Minister. The power to call an election currently lies with all 650 Members of this House, who are elected by the people. I would argue that power to the people lies more in keeping the Fixed-term Parliaments Act. Of course I disagree with the Act, and I support its repeal, but I disagree with the Government’s replacement.

--- Later in debate ---

[Aaron Bell (Newcastle-under-Lyme) (Con)]

It is a pleasure to follow my right hon. Friend the Member for Bexleyheath and Crayford (Sir David Evennett). As others have said, it is an absolute pleasure to see the Minister, my hon. Friend the Member for Norwich North (Chloe Smith), in her place. We all welcome her back, as my right hon. Friend the Member for Basingstoke (Mrs Miller) said. The Minister has not really been away, but it is good to have the Smith vs. Smith show back, live in the House of Commons.

This is a very important Bill. It is a constitutional Bill, which means it is not necessarily box office. I do not know how many people are tuned into BBC Parliament at the moment, but I am glad that we are having the debate. We have had a full debate in the best traditions of the House and—praise be—with no time limit either, although I will ensure that my hon. Friends get their space at the end of the debate as well.

It was a privilege to serve on the Joint Committee with so many distinguished Members, five of whom have already spoken in the debate, and some of whom are still in their places. We had some very eminent witnesses, including former Clerks of the House, former Cabinet Secretaries and noble lordships, most of whom also served in this House in their time, who lent so much expertise to the proceedings—not least our Chair, the noble Lord McLoughlin, who was a fellow MP from Staffordshire in his day. I pay tribute to the Clerks of the Committee, who did an absolutely superb job in both arranging the witnesses and getting us all to a report that we could all support, which is incredibly important. When legislating in this area, we should strive to be as bipartisan as possible.

The case for change has been well made by the Government and was made by the Labour party in its manifesto. The 2011 Act, which we are repealing, was indeed a product of its time, as we have discussed. It actually served reasonably well from 2011 to 2015, as it was supposed to do. In the period between 2015 and 2019, however, it clearly showed its flaws. It was a constitutional innovation that did not really survive its first contact with any sort of difficulty, which is perhaps also because of the referendum.

Referendums are also a relatively recent constitutional innovation. When the referendum asked the House to do something that it did not want to do—previous referendums had usually been on things for which the House already had a will, such as giving devolution to Scotland and Wales—and came back with an instruction from the people that the majority of Members of the House did not support, we ended up with the situation that we had in the 2017 to 2019 Parliament, which I and other Members from the 2019 intake watched with horror from home. It was not just us; it was people who were not even interested in politics and did not know what was going on. Norms had broken down, and we need to restore those norms.

As I said when intervening on the Chancellor of the Duchy of Lancaster during his opening remarks, any constitutional arrangement needs to be equally suitable for any parliamentary arithmetic, and given what we had under the Fixed-term Parliaments Act that was blatantly not the case. I accept that Brexit exacerbated tensions, but those tensions would have been there anyway in any minority Government situation.

I understand that future coalitions may need similar security to what the Liberal Democrats sought in the Fixed-term Parliaments Act, but I suggest a simple Bill in the future, prohibiting the Prime Minister from requesting—something we said, requesting—a dissolution until a given date. That simple Bill would last only for that Parliament; after that, we could move back to the tried and tested, which is what we are trying to do today.

Conclusion 7 of our report was that a requirement for a super majority in this House cannot be enforced. It has been said sometimes that the constitution of this country is whatever commands a majority of the House of Commons. The only way to enforce a super majority requirement is perhaps through the House of Lords, but the idea that the House of Lords could prevent an election is not credible, or it would ultimately damage the credibility of the House of Lords to such an extent that it would not consider it.

Turning to other recommendations of the Joint Committee, I am pleased the Government have listened to the point about the Prime Minister requesting, not advising. As other hon. Members said, the name change is appropriate. Hopefully, this Bill will be part of our constitutional settlement for decades, perhaps even centuries, to come. The idea that it should have been called the repeal of the Fixed-term Parliament Act is simply not befitting. We have had some constitutional oddities in our time: the reason we have elections every five years is the Septennial Act, which means seven years. We can move on. This is the right title—the dissolution and summoning of Parliament is precisely what the Bill does.

The point about the 25 working day election period was well expounded by my right hon. Friends the Members for Scarborough and Whitby (Mr Goodwill), for Basingstoke and for Bexleyheath and Crayford. We need to find a way to reduce that. We need to press the Electoral Commission further; it has been very resistant, both in its evidence to our Committee and in answers given to questions in this House. With technology, surely it should not be insurmountable to find a way to reduce the period in which Parliament is absent and to reduce the overlong campaign, which does not serve us or our constituents.

[Jackie Doyle-Price]

Does my hon. Friend agree that the principle ought to be that the electoral timetable should be fixed at the convenience of the public and the participants in the election, not the Electoral Commission?

[Aaron Bell]

I could not put it any better than that; my hon. Friend is absolutely correct. I understand the desire to make sure things are done properly, but there has to be a way to do things more quickly. We have to embrace technology, which ought to make things more possible rather than more difficult—putting in extra time for this, that and the other, for coming from overseas or to set up people’s proxy vote. We must be able to do things far more quickly than we have done in the past.

On our recommendations, the Government need to look at—we all ought to, actually, because this is probably a conventional point—the period after the election. In many cases, we have been lucky that we have been able to form Governments quickly, but that is not necessarily always the case. We need to look at the conventions around that. In fact, turning to conclusions 31 to 33, by definition we are not meant to vote on those conventions because they are conventions, but, as the Chancellor of the Duchy of Lancaster said, a discussion in Committee of the whole House may help to establish conventions.

It was our Committee’s opinion that the original dissolution principles document was inadequate. We proposed a 20-point list of conventions relating not just to dissolution but to the period of time in which Parliament is dissolved and the calling and forming of Governments. I hope that we can all consider that in Committee and come to a common understanding, because honourable behaviour and common understanding is the way that we need to proceed in these matters.

Overall, the Bill does strengthen the democratic process by restoring the overriding principle that the Government should have the confidence of the House of Commons. That was the norm that was distorted over and again in 2019. We have to reaffirm that; it is fundamental to the operation of Parliament. Once again, parliamentary votes can be designated as matters of confidence. That was the essential problem: it was possible for a number of Members to vote against the Government’s absolute flagship policy one day and the next day to vote that they had confidence in the Government. That is no Government at all. We need to find a way for things to function so that there has to be confidence in the Government’s flagship policies, Budget and Queen’s Speech; otherwise, they are no longer the Government. That is how things need to proceed in this place.

The Bill would also provide greater legal constitutional and political certainty around the processes for dissolving Parliament and holding a general election, with the flexibility we need for exceptional circumstances. The one thing that contributed to the general sense of chaos that I saw watching from home, and I know others did, was the lack of certainty about how things should be operating. In particular, nobody seemed to know what was supposed to happen in that 14-day lacuna: whether the Prime Minister was supposed to resign on day 1 or day 14; whether the Leader of the Opposition would become the Prime Minister, even if they could not command a majority. It was a ridiculous position for our country to have got into, and we will get ourselves out of that by passing this Bill.

On clause 3, the ouster clause, I accept that opinions differ and they differed in the Committee, but I certainly have no problem putting into statute the very clear precedent that the exercise of prerogative powers relating to dissolution is non-justiciable and cannot be reviewed by the courts. That is a long-standing and generally accepted convention. Personally, I would of course take a dim view of a court seeking to intervene in the timing of an election. There is nothing more inherently political than an election and involving the courts—what is called “lawfare”—in the timing of an election would be incredibly uncomfortable for the public, everyone in the political sphere and, I think, the courts as well. How could the image of a Supreme Court trying to override the wishes of a Prime Minister, as enacted by the sovereign, be tolerable to the public? I cannot see any circumstance where that is better than having the election or, potentially, the sovereign refusing to dissolve Parliament.

On that point, we heard repeatedly that the sovereign would not refuse. If the sovereign was going to refuse, it would be communicated to the Prime Minister beforehand that the sovereign would refuse, so the request would never be made. That is how our unwritten constitution should work: through those sorts of understandings. That is what we need to get back to.

The ultimate arbiter of all these matters should be the voters or, in exceptional circumstances, the sovereign. If they are unhappy with how a Government have behaved with the calling of an election or the timing of an election, it is in their hands to determine the consequences for that Government and what the electoral punishment should be. I take issue with the idea we have heard a few times today that the Bill is about putting power in the hands of the Government. It takes power away from Parliament, certainly, but it vests that power in the public and the electorate, and that is where power should truly lie.

His Royal Highness The Prince Philip, Duke of Edinburgh

Aaron Bell Excerpts

Monday 12th April 2021 Commons Chamber

[Aaron Bell (Newcastle-under-Lyme) (Con)]

On behalf of my residents in Newcastle-under-Lyme and the civic leadership of the whole borough, I would like to give thanks for the life of Prince Philip, for all his service to the nation and for the love and support he gave to our glorious Queen. I extend all our condolences to Her Majesty and the royal family.

In Newcastle-under-Lyme, we remember the visits Prince Philip and the Queen made to our borough in 1973 for the octocentenary of our charter, and in 1999 when they opened the first building of the Science and Innovation Park at Keele University. The Duke would have been proud to see how that campus has grown, given his interest in science and technology.

With the House’s indulgence, I would like to speak very briefly about my sister, Fiona, who completed all three parts of the Duke of Edinburgh scheme to the gold award, including expeditions to India and Ecuador. At the presentation ceremony at the palace, the Duke of Edinburgh sought her out personally after the presentation to speak to her. The reason he did that is that her experiences on the Duke of Edinburgh scheme and the friends and people she met persuaded her that a career in the Royal Navy was for her, so she followed in the Duke’s footsteps at Britannia Royal Naval College, and she is now Lieutenant Commander Fiona Haynes MBE. On behalf of my sister and the millions of other young people who have had their lives broadened and their horizons widened by that scheme, I pay tribute to the Duke for all he has done, and I give thanks to him for his service to the nation. God save the Queen.