Fixed-term Parliaments Bill

Baroness Fookes Excerpts

Monday 21st March 2011 Lords Chamber

[Lord Howarth of Newport]

My Lords, Amendment 18 would remove the flexibility for the Prime Minister to have the general election up to two months earlier or two months later than the five-year term. Amendments 22 and 23 in my name would delete just the power to call the general election two months earlier.

I thought it was important that we should have the opportunity to scrutinise this provision. In the Explanatory Notes, the Government explain that they have put this in,

“to accommodate short term crises or other conditions which might make it inappropriate to hold the election on the scheduled date, for example, a repeat of the foot and mouth crisis which led to the postponement of the local elections in 2001”.

One can see that there could be some sense in allowing for such possibilities but I wonder how carefully the Government have thought this provision through. The foot and mouth epidemic ran for some considerable time and it was possible for the Government to react in the way that they did in postponing the local elections in that year. However, could other disasters be anticipated so that the Prime Minister would know that he needed to call a general election earlier than the prescribed date or, indeed, later? Might not the power to call a general election two months earlier be open to abuse? I am not suggesting that this Government would abuse it but we are legislating for the indefinite future.

A Government might anticipate disastrous figures that were about to be published. I seem to remember that Harold Wilson was of the view that he lost the election in June 1970 because there were bad trade figures—something to do with airplanes, if I remember aright. Indeed, this Government might anticipate that some terrible figures might come out on unemployment or they might anticipate that there was going to be a major social protest, as is due to occur next Saturday. As time goes on and the Government pursue their deflationary and contractionary policies more and more ruthlessly, who is to say what protests may not emerge? Therefore, the Government might think that it was not expedient to hold an election when they were liable to encounter such expressions of public opinion and might contrive an excuse to get the election in just a bit ahead of the unfortunate event that they anticipate. Might not the power to defer the general election by up to two months equally be capable of abuse? A crisis might comprise the governing parties doing badly in the opinion polls and the turkeys wanting to postpone Christmas.

Should not the clause be amended? If the Government have a majority in both Houses, I worry that they will very easily secure their majority for the order to bring the election forward or to postpone it. We need to tighten up these provisions. I suggest that we should take out entirely the provision for the Prime Minister to bring the general election forward by two months. Amendments 22 and 23 would do that. We should remove that temptation to manipulate the arrangements. We should also tighten up the drafting to specify the kind of circumstances that would constitute a genuine crisis and justify the postponement of the election by a couple of months—perhaps as a result of an epidemic, a natural disaster or the outbreak of war; although our warrior Prime Minister might be tempted to declare another no-fly zone over Brussels to attract the Eurosceptic vote and achieve some kind of Falklands effect. You never know.

Amendment 24, in the name of the noble Lord, Lord Norton of Louth, indeed attempts to address this problem. I suspect that his amendment is not stringent enough. It is expressed with a high level of generalisation and may need to be amplified and expressed in greater detail. The Liberal Democrat amendment, Amendment 25, also seeks to address this problem, but would drag in the Speaker and require a super-majority of two-thirds. Those would certainly be safeguards against abuse, but there are other difficulties with that. The Government’s amendment, Amendment 26, states that the Prime Minister must give reasons when he lays the order, but that would add nothing in practice. The Prime Minister is hardly going to lay the order and say to Parliament, “I am not going to tell you why”.

These provisions need further thought and tightening up. If the Government cannot satisfy the House today, we may need to revisit this issue on Report. I beg to move.

[The Deputy Chairman of Committees (Baroness Fookes)]

Perhaps I may point out that if the amendment were to be agreed, I could not then call Amendments 20 to 24, by reason of pre-emption.