Dissolution and Calling of Parliament Bill

Debate between Lord Beith and Lord Lansley

Committee stage
Tuesday 25th January 2022 Lords Chamber

[Lord Lansley (Con)]

There are many circumstances in which crises can emerge. There are arguments that cut both ways. In the midst of a pandemic, does one want an election? In the midst of a war, does one want an election? We could go back to 1940 and say, “Surely, if the Prime Minister then, Neville Chamberlain, had sought a Dissolution, why would he not have been granted it? Would it have not been right for the electorate to say what the outcome should be?” My response to my noble friend would be to ask whether in those circumstances it would not be the responsibility of the House of Commons, and whether it did not have the authority to resolve that crisis. If the answer we come to is, “Oh, but, but, but…”, there are all sorts of circumstances and hypothetical scenarios that we can conjure up which would lead us to the assumption that the Prime Minister can go to Her Majesty or the monarch and request a Dissolution, but the House of Commons would not support it. I come back to the same question: by what authority does the Prime Minister make such a request? I support the amendment and have put my name to it because it brings us back, time and again, to precisely that point.

Professor Robert Hazell put it more elegantly when he gave evidence to the Joint Committee:

“The best way of protecting the monarchy is not to revive the prerogative power but to leave decisions about Dissolution where they belong—in Parliament, in the House of Commons.”


This amendment does that in the simplest and most effective way possible by making it certain that if a Prime Minister requested a Dissolution in future, he or she did so on the basis that a majority of the House of Commons had agreed. If not, by what authority would he or she do it?

[Lord Beith (LD)]

This is an issue which divided the Joint Committee. The view expressed by the noble and learned Lord, Lord Judge, was the view of a minority of the committee of which I was a member, whereas the majority did not want to go into this territory. We had a great deal of discussion about it, but the report records, unusually, that there was a clear difference of view.

I support the idea that there should be a House of Commons vote. Even though I previously supported ensuring that the prerogative power remained a personal prerogative, partly in case this amendment was not carried but also because the two are not inconsistent with each other, it would be even more inconceivable that the monarch should refuse a Dissolution if it had the clear authority of the House of Commons behind it.

A further benefit of having a House of Commons vote on Dissolution is that it makes it quite clear the ouster clause that we will debate later would be unnecessary. The courts would not interfere with a decision taken by Parliament. We can return to that topic later, but we might as well put it on the table now, because it is a powerful argument for having a House of Commons vote. I therefore support what has been said by the noble and learned Lord, Lord Judge, and the noble Lord, Lord Lansley.

There are circumstances in which a Prime Minister might be told that it would be embarrassing for the monarch to have to be asked because a Dissolution might be refused. That would include a re-run of an election that had just taken place. Let us imagine a situation where one party is known to have substantial resources and seeks a re-run of the election, because it is just about the largest party but does not have a majority. There are a variety of such circumstances. In their response to the committee, the Government quite sensibly said that it was impossible to speculate—I am not quoting exactly—about the many different possible situations that could arise, and it is not very fruitful to do so. We merely recognise that there are possibilities.

While so much is said about the failings of the Fixed-term Parliaments Act—I know that it has faults, but the two-thirds majority issue was probably the only significant fault in the legislation—we have to recognise that most democracies in any way comparable to ours have a fixed term for Parliament and that the Joint Committee said:

“The Fixed-term Parliaments Act very clearly fulfilled its immediate political purpose. Not only did the Parliament last the full term, so did the Coalition Government that was formed at the beginning of it.”


I simply say to the other parties that they should be careful what they wish for. The time may come when they seek to form a Government with others and both sides need some guarantee that the Government will not be torpedoed early in its existence.

Business of the House

Debate between Lord Beith and Lord Lansley

Thursday 7th November 2013 Commons Chamber

[Mr Lansley]

The statute says that it is a Select Committee of Parliament, but it is not analogous with parliamentary Select Committees. I understand that, Mr Speaker, and you understand it, but the hon. Member for Rhondda (Chris Bryant) does not understand it.

I must confess that I am not aware of the arrangements relating to the attendance of Members of Parliament at meetings of the Intelligence and Security Committee. They are a matter for the House authorities, and no doubt you, Mr Speaker, will advise the House further if necessary.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Has my right hon. Friend noted the reports of the Justice, Home Affairs and European Scrutiny Committees on the European justice and home affairs opt-ins? Is he aware that all three reports call for a debate to be held so that the Government’s hand can be strengthened in negotiations by the House having expressed its views?

[Mr Lansley]

Let me take this opportunity to congratulate my right hon. Friend personally on his 40 years in the House.

I have indeed seen those reports, and, as my right hon. Friend will know, my right hon. Friend the Home Secretary has made clear our intention to enable the House to consider what the Government have proposed in relation to the opt-out and the measures in respect of which we think that it may be appropriate to opt back in, and to express its view.

Select Committee Effectiveness, Resources and Powers

Debate between Lord Beith and Lord Lansley

Thursday 31st January 2013 Commons Chamber

[Mr Lansley]

I entirely understand that that is so, and I knew it to be the case. I would not wish the House to interpret what I am saying to mean that I want to interfere in any way in this matter. Having observed the situation, I simply think that there is an opportunity for that working together to take place. That flexibility is available and the two Committees might do that.

[Sir Alan Beith]

I entirely endorse what the Chairman of the Backbench Business Committee has said; we get on very well, we are able to negotiate and it is quite easy. It would not be ideal to give the Backbench Business Committee the job of judging between reports of Select Committees and then placing them in competition with debates that Back Benchers want because there is a big constituency interest. We must have a procedure that ensures that, either in Westminster Hall or in the House, some kind of priority can be attached to those matters where a Select Committee wishes to warn the House that something is going wrong in the system of government.

[Mr Lansley]

My right hon. Friend makes a perfectly fair point, but I am happy to see that informal work proceed. I do not think that at this moment we are talking about any requirement for a formal change in the procedure of the House. We are simply talking about the exercise of flexibility, which need not be at my behest in any sense; it might entirely be to best meet the needs of the Members of this House, be it as members of Select Committees, as constituency Members or in pursuit of their particular interests.

The recommendation of the Liaison Committee to have substantive motions in Westminster Hall has the potential to impact significantly on the procedures in this House, including possibly by disrupting the business on the Floor to take votes following debates in Westminster Hall. The proposition was made on the basis that debates on e-petitions in Westminster Hall take place on substantive motions. Such debates, which are being conducted on a pilot basis, actually take place on a motion with the formula “That this House has considered”; such a motion is not meant to be amended or divided upon. Should that happen in reality, the potential effects on procedure would be significant, and they have not been tested or evaluated. Changes of the significance suggested deserve far greater consideration of the possible consequences, and it may be that the Procedure Committee could consider those in a more general review of the types of business suitable to be taken in Westminster Hall.

Only one recommendation is specifically aimed at the Government, and it relates to a review of the relationship between Government and Select Committees, with the aim of producing joint guidelines. The Liaison Committee report said:

“We believe that the Government has not yet recognised the changed mood in the House and the strength of our resolve to achieve change.”

I would say in response that the Government have been responsible for the most significant transfer of powers for decades and I believe we can rightly be pleased with what we have achieved together. I understand the mood among Select Committee Chairs and in the House as a whole. and I hope that the Liaison Committee will accept my assurance that all the comments in our response were offered constructively with the aim of securing reform where it is necessary or improves the current situation for Members and in the eyes of the public.

There is a growing public and parliamentary interest in the accountability not only of Ministers but of civil servants. The civil service reform plan, published in June 2012, contained a number of recommendations on that accountability. The Government believe that the existing model of ministerial accountability is well established and should continue to underpin the effective workings of government. We know that we can sharpen that accountability for civil servants in a way that enables Select Committees to understand, invigilate and take views on the performance of Departments in relation to delivery, but I would not want that process to undermine the principle that Ministers are accountable for the policy and performance of their Departments.

As my right hon. Friend the Member for Berwick-upon-Tweed will know, the Government are reviewing the document known as the Osmotherly rules, which provides guidance for civil servants. As part of this review the Government will liaise with the Liaison Committee and the Constitution Committee in the other place. I look forward to the productive and constructive discussions between my right hon. Friend the Minister for the Cabinet Office and Paymaster General and representatives of the Liaison Committee. I recognise, of course, that plans are in place for former accounting officers to be held to account.

Before I finish, I entirely endorse what my right hon. Friend the Member for Berwick-upon-Tweed said about the description of Select Committees. They carry the authority of Parliament and are distinct from any other cross-party group or group of Members. I noted that the Education Committee was described this morning in the early bulletins as a “cross-party group of MPs” and the Transport Committee was called “a Committee of MPs”. Select Committees engage the authority of Parliament and I urge the media to recognise that as well as the distinctiveness of that authority.

I thoroughly commend the Liaison Committee’s recommendation to other Select Committees that the National Audit Office is available to support them in their scrutiny of the use of resources. Indeed, the NAO told the Public Accounts Commission that it supported that recommendation.

The work that has been done is a thorough and timely consideration of the work of Select Committees. In its follow-up report, the Liaison Committee emphasised the importance of focusing on impact rather than simply publishing reports and letting recommendations lie. That is clearly the right approach. Select Committees have greater authority and a responsibility to be the champions of good scrutiny. They have greater access to time and to debates in the Chamber and in Westminster Hall and we can continue to use those opportunities more effectively. On behalf of the Government, I look forward to working with the Liaison Committee and others to pursue the recommendations.

Health Transition Risk Register

Debate between Lord Beith and Lord Lansley

Thursday 10th May 2012 Commons Chamber

[Mr Lansley]

Thank you, Mr Speaker. Let me be clear. The right hon. Gentleman, as a Minister, refused requests for the publication of risk registers. This risk register, the transition risk register, at the point when it was requested and formulated, was absolutely part of the formulation and development of policy and has continued to be used as part of the development of policy.

To make it clearer what the Labour party actually thinks about the issue, I should say that a Conservative party member recently submitted a request for a risk register to the one place where the Labour Government remain in power—in Wales. What did the Labour Government say? On 12 April 2012, less than a month ago, the Welsh Assembly Labour Government said:

“Release of the risk register would inhibit the way in which such risks are expressed, which potentially makes the management and mitigation of risk more difficult. This in turn would impair the quality of decision making when determining the most appropriate response to an identified risk. Ultimately this could impede the delivery of Ministerial priorities and inhibit the effective management of NHS performance, in both delivery and financial terms.”

That request to a Labour Government for an NHS risk register was turned down for precisely the reasons we have rejected the request for risk registers in relation to the NHS. The Labour party says one thing, but in government it did another and in government in Wales it does another.

Instead of spending his time debating an 18-month-old document—it is now out of date, frankly—the right hon. Gentleman ought to be recognising the reality of what is happening in the NHS. Instead of the risks that he keeps talking about happening, NHS performance is improving, and he should celebrate that. Waiting times are down, there are more diagnostic tests, and waiting times for diagnostic tests have been maintained. There is extra access to dentistry, cancer drugs and new cancer medicines. Health care-acquired infections in the NHS are at their lowest-ever level and the performance of the NHS is continually improving. As shadow Secretary of State, he would be better off celebrating the performance of the NHS than trying to run it down.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

My right hon. Friend quoted some of the evidence that the Justice Committee is receiving, including very interesting evidence from the right hon. Member for Blackburn (Mr Straw). It would help the Committee if it had an understanding of whether this instance is a special and particular case or whether it is seen by quite a lot of people in the civil service as a test case of whether there really is a safe space in which they can freely advance arguments about risk.

[Mr Lansley]

I am grateful to my right hon. Friend. This case is seen and was judged by me and my colleagues on its particular circumstances; as I made clear, it is an exceptional case. One of the arguments that underlay our decision was necessarily the one about the principle that we were assessing. That principle is very clear: the Freedom of Information Act envisages that there should be an exemption for the formulation and development of policy, and that under those circumstances the public interest in the proper development of policy could outweigh the public interest in disclosure.

In this case, we are very clear—and my colleagues have been very clear—that the risk register, when it was produced, was at that time instrumental to the formulation and development of policy and that therefore the public interest did not require its disclosure.

NHS Risk Register

Debate between Lord Beith and Lord Lansley

Wednesday 22nd February 2012 Commons Chamber

[Mr Lansley]

When the right hon. Gentleman was a Minister he and his colleagues never published such information, so I will not take any lessons on that. As a Treasury Minister, he refused to disclose a Treasury risk register.

Let me explain what risk registers are for, because an hon. Lady on the Opposition Benches keeps chuntering about them. A high-level risk register, such as those being considered by the tribunal on 5 and 6 March, is a continuously reviewed and updated document that enables officials, advisers and Ministers to identify and analyse the risks of, and to, particular policies. Risk registers present a snapshot of the possible risks involved at any one time. Their purpose is to record all risks, however outlandish or unlikely, both real and potential, and to record the mitigating actions that can ensure that such risks do not become reality.

For such a register to be effective and for it to serve the public interest, those charged with compiling it must be as forthright as possible in their views. The language of risk registers must be forceful and direct. That is essential for their operation, to enable Ministers and officials fully to appreciate those risks and to take the steps to mitigate them, or to redesign policy to avoid them.

It is important to note that such high-level risk registers are different to the risk registers of the organisations from which the shadow Secretary of State quoted, such as the risk registers of strategic health authorities. The latter concern operational matters and not matters of developing and designing policy, and they are written with publication in mind—they are intended to be published. By contrast, there are very clear reasons why Departments—under not just this Government, but previous ones—do not publish their high-level risk registers while they are still active and while policy development is ongoing.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The Justice Committee is currently inquiring into the workings of the Freedom of Information Act. It must identify where the proper boundary lines should fall to protect the ability of civil servants to advise Ministers, but that must be set in the context of legislation that the Government have committed themselves to supporting, and which the previous Prime Minister, Tony Blair, has now publicly disowned.