Fixed-term Parliaments Bill

Debate between Lord Brooke of Sutton Mandeville and Lord Falconer of Thoroton

Monday 16th May 2011 Lords Chamber

[Lord Falconer of Thoroton]

The Welsh Assembly, the Scottish Parliament, the Mayor of London—those are the ones that come to mind immediately.

[Lord Brooke of Sutton Mandeville]

I was out of the Chamber so I did not speak, but in the light of the noble and learned Lord’s response to the noble Lord, Lord Tyler, will he comment on the fact that the three referendums that he described were all done one after another—and one had the sense that the policy was being made up as they went along. Only when those three had been done were we allowed a referendum Bill itself.

[Lord Falconer of Thoroton]

I think that the referendums Bill came between those on Scotland and Wales and the London Mayor, but I may be wrong about that. However, I agree with the underlying thrust of the question. Once we started on the route of referendums we realised that we needed some principles, but those principles guided only the process for a referendum; they did not determine when there should be a referendum and when there should not. Maybe it is that issue that we now need to move on to.

Fixed-term Parliaments Bill

Debate between Lord Brooke of Sutton Mandeville and Lord Falconer of Thoroton

Tuesday 10th May 2011 Lords Chamber

[Lord Falconer of Thoroton]

My Lords, we support this amendment. It goes to the heart of this Government’s claim that they wish to empower the legislature as against the Executive. The reason it matters, as my noble friend Lord Grocott said, is that where there is a restriction on the time to get legislation through, there is a huge incentive for any Government, whatever their hue, to reach agreement with the Opposition on as many issues as possible. If they do not reach agreement on those issues, the consequence is that their legislation is delayed.

Parliament is disempowered if a Government feel able, as this one did, to double the length of a Session. This Government did so on a whim, as there was no consultation. It appears from the speech of the noble and learned Lord, Lord Wallace of Tankerness, that they simply decided to go for two years without giving any justification. This House is entitled to hear the Government's opinion on the number of Sessions there should be in a Parliament and their commitment in relation to that. Do they understand the importance of empowering the Chamber in each House by having a limit on the time available to them for the passage of legislation?

If satisfactory answers are not given, this should be put to the vote. It is an important issue. The answers must include one to the question which my noble friend Lord Grocott put, because that is really the litmus test of how committed the Government are to the idea of there being a year-on-year Session. This is another opportunity for the Government to put their money where their mouth is. Are they true exponents of what they describe as the new politics, or are they simply motivated by a desire to make their life as easy as possible—that is, the worst sort of Executive?

[Lord Brooke of Sutton Mandeville]

My Lords, I apologise for speaking at this late hour but I made it clear in Committee that if anybody referred to Mr Asquith again, it would stimulate me into speaking. Although I was not here to hear the reference to him at the beginning of this afternoon's proceedings, it was alluded to later in the debate on Amendment 1. Therefore, here I am, on my feet.

Your Lordships’ House will recall the Sherlock Holmes case where the great detective pointed out to Dr Watson the significance of the dog not barking in the night-time. Those of your Lordships who were here to listen carefully to the powerful speech by the noble Lord, Lord Morgan, on Amendment 1 will have noticed that he omitted from his list of five-year Parliaments in the post-war era the period from 1945 to 1950. He thus omitted the great achievements of the Labour Government of the Earl Attlee of that period.

In generosity, I take it that the noble Lord, Lord Morgan, realised that it required a five-year Parliament to produce the achievements of what I understand the Labour Party has always thought was the greatest Labour Government of them all. As to the reason he omitted it, I suggest that it was considered either that it would be sacrilege ever to run the risk of toppling the Attlee Government’s record from its plinth or that Labour had given up hope of ever challenging the Attlee Government’s record and felt that Labour should conceal the dilemma I am describing by limiting the life of any future Labour Government to, at most, four years as a self-immolating, self-denying ordinance. The noble Lord, Lord Morgan—not to mention the noble and learned Lord, Lord Falconer—was prudent enough not to announce which of the cases I have adumbrated was correct and now we shall never know.