Fixed-term Parliaments Bill

Debate between Baroness Boothroyd and Lord Wallace of Tankerness

Wednesday 14th September 2011 Lords Chamber

[Lord Wallace of Tankerness]

The argument that, because Labour lost, that devalues the principle is not one I have fully understood. The noble Lord seemed to suggest that the Prime Minister had completely set his face against fixed-term Parliaments. In a speech entitled “Fixing Broken Politics” which my right honourable friend the then Leader of the Opposition made on Tuesday 26 May 2009, he said:

“But I believe the arguments for fixed-term Parliaments are strengthening too. Because if we want Parliament to be a real engine of accountability, we need to show that it is not just the creature of the executive. That's why a Conservative Government will seriously consider the option of fixed-term Parliaments when there is a majority government”.

So I think it is wrong to say that this is something that the Prime Minister had totally set his face against in opposition. There was a commitment in the Conservative manifesto to look at areas of the exercise of the royal prerogative.

Can I start by picking up the points which my noble friend Lord Alderdice made? I think he put his finger on it when he said that this is not disrespect but disagreement. It is a genuine disagreement, and I hope that the noble Lord, Lord Pannick, would agree that when Mr Mark Harper and I met him it was quite clear that there was a gulf between us. Two propositions were put to us, which would have addressed what we had identified as some of the technical—indeed, more than technical—problems of the amendment, but did not actually address what we believed to be a fundamental problem with the amendment, which is that it undermines the actual core purpose of the Bill. This Bill is the Fixed-term Parliaments Bill, in the plural. It is not a Bill to have a fixed-term Parliament for this Parliament, the one elected in May 2010, but rather one to have fixed-term Parliaments into the future, all this of course being subject to the right of any Parliament to repeal the legislation of a predecessor Parliament. That is why there is a fundamental difference.

Therefore it is not disrespect, and I can assure your Lordships that I would not wish to be disrespectful to genuinely held views. I think some people do not believe that having a fixed-term Parliament is right, but they will allow us to make some fix for this Parliament. In fact I think that what happens with the amendment is that it leaves us in the position of having the potential of a fix for every future Parliament. It is not putting this on a permanent basis; it is an amendment which could allow the powers to lapse, and then be revived again in a subsequent Parliament after 2020, or whenever—if the powers had lapsed, it might not necessarily last the full five years. The incoming Parliament following that election could revive the powers, or again, after a subsequent election, it could let them lapse. We do not believe that that is a particularly good way of legislating with regard to the constitution. It is literally switching the light on and switching the light off again.

That is why—if I pick up the point made by the noble Lord, Lord Hennessy—I have a concern about the nature of the royal prerogative. The existence of the royal prerogative would then appear to be dependent upon the resolutions of each House not being carried. It does not seem very desirable that the prerogative may sometimes not exist, and then sometimes be revived. That may not be the drafter’s intention, but it is not clear what he has achieved in the drafting. In particular, the presumption of Section 16 of the Interpretation Act 1978 is that where an enactment of temporary duration—which the provisions abrogating the dissolution of prerogative appear to be—expires, it does not ordinarily revive anything not in force at the time of the expiry. I think there is a genuine concern there. In matters so important as the royal prerogative, the idea that it can be revived, then allowed to lapse and then revived again is not particularly satisfactory.

I shall now pick up the important point made by the noble Lord, Lord Elystan-Morgan, about the Parliament Act. It is something we have always acknowledged and recognised. The reason why the Parliament Acts would not apply in this case is nothing to do with the concept of fixed-term Parliaments. As he rightly pointed out, it is a provision in the Bill: in response to this House we deleted the part that would allow the election to be brought forward by two months, but there was still a provision there to extend it by two months. That takes it over the five years—the arguments for that were debated well at the time—as happened also in 2001 with the outbreak of foot and mouth. It is also important to point out that your Lordships’ Delegated Powers Committee actually said that it thought it was a proper power, but recommended that we should have a Written Statement from the Prime Minister as to why the power was being exercised—a recommendation which we accepted. I do not think that is an issue about which there is any real dispute. It goes to the heart of whether or not we should have fixed-term Parliaments.

That takes me to the core issue; and, I say again, we are not being disrespectful. When one is proposing a review that will not take place until 2020, it is very easy to talk about long grass, time capsules or scrawny babies. However, it would be even more disrespectful—frankly ludicrous—to ask a committee to examine a fixed-term Parliament when there had not been one. I take the strictures and advice that I got from the noble Lord, Lord Grocott, who said he was glad that I had not advanced the argument about the planning of government business. However, until this legislation is passed, this is not a fixed-term Parliament. Therefore, it is not reasonable to suggest that the example of this Parliament could ever be described as a proper, normal fixed-term Parliament. Many of us have advanced arguments during the debates as to why we think there ought to be a fixed-term Parliament; and, indeed, why they ought to be five years rather than four—an issue which no doubt a post-legislative review could finalise. We will only know whether the case for the beneficial effects has been made out when we have actually had the experience of one fixed-term Parliament elected as a fixed-term Parliament and seeing through its term; or, for that matter, had an early election because of some event that has triggered the mechanism in Clause 2.

I do not consider that an insult. If you are going to do proper pre-legislative scrutiny, make sure that you are scrutinising something that has actually happened—that you have actually got a piece of material, or evidence, on which you can actually base informed scrutiny.

[Baroness Boothroyd]

Is the Minister telling us that we do not scrutinise Bills before they come into operation? Is he suggesting that we have no pre-scrutiny now?

[Lord Wallace of Tankerness]

My Lords, I look upon it as post-legislative scrutiny. You cannot scrutinise what you have legislated for until it has happened. We will not have had a fixed-term Parliament that has run its full course until 2020. It is as simple as that.