Fixed-term Parliaments Bill

Debate between Baroness Jay of Paddington and Lord Elystan-Morgan

Wednesday 14th September 2011 Lords Chamber

[Lord Elystan-Morgan]

My Lords, I wish simply to make one point which I consider, very humbly, to be a pertinent matter and one which constitutes a backcloth to the issue before the House. The point was tangentially mentioned in earlier debates that this was not a matter which could be made the subject of the operation of the Parliament Acts 1911 and 1949, but no one has argued in full as to its constitutional significance.

That Parliament saw fit in 1911 to make that so, and decided not to change the situation in 1949, is highly relevant to this issue. I would go so far as to suggest that it changes the whole balance of the relationship between the two Houses. I of course agree absolutely with what the noble Lord, Lord Armstrong, said about the general primacy of the House of Commons as the elected Chamber over this place. My submission is that, in relation to this matter, all such conventions and all such inhibitions are totally removed. Section 1 of the Parliament Act 1911 excludes two matters from its operation. The first was money Bills, which of course did not come into it in the first instance, and the second was a Bill which prolonged to any degree the maximum life of Parliament. Clause 1(5) of this Bill does exactly that. It enables the Prime Minister of the day either to reduce the period of five years by up to two months or to add to it by two months. It does not matter, therefore, whether it is two months, two years or 20 years; a wall has been breached, a wall created by the House of Commons in protection of its own position and the position of democratic government altogether. It made this House the sentinel of that boundary. In other words, when we disagree with regard to this matter, it is utterly exceptional as compared with any other disagreement. We are far from challenging the authority of the House of Commons; we are abiding by it and making it real and entrusted.

[Baroness Jay of Paddington]

My Lords, several noble Lords this evening have referred—somewhat kindly, I must say—to the report of the Constitution Committee, which I have the privilege to chair, on the process of constitutional change. The Minister was kind enough to refer to it in his opening remarks. I look forward to the Government’s formal response to the report. It will enable the House to have a proper debate on the report, to which I equally look forward.

I suspect that the committee will be very surprised, as am I in immediate response to what has been said by the noble Lord, Lord Butler of Brockwell, to hear the content of the exchanges during the Summer Recess between the Government and the noble Lord, Lord Pannick, in support of his original amendment. That seems to illustrate precisely, when we hear what the noble Lord, Lord Butler of Brockwell, said, the inadequacy of process within the Government as related to constitutional matters. If it is the case that the noble Lord, Lord Butler, as he suggested and as was confirmed by the noble Lord, Lord Pannick, came forward with what sounded like rather appropriate substitutions and amendments to his original amendment, particularly regarding the question of when such a sunset clause could be introduced in the new Parliament as well as the other questions which he mentioned, I am very surprised that the Government did not respond to them in the way that has been suggested and, as the noble Lord, Lord Butler, said, simply put down the amendment in lieu that we have before us tonight. This is another illustration of precisely the problems about constitutional process to which the Constitution Committee’s full report tried to draw attention. As I have said, I hope that the report will be fully debated in the House.