Dissolution and Calling of Parliament Bill

Debate between Lord Butler of Brockwell and Lord Cormack

Consideration of Commons amendments
Tuesday 22nd March 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I have mixed feelings on this occasion. As the House may remember from my remarks on Report, I always thought that our amendment to the Bill that we passed back to the Commons was a second best. I also regret, as the noble Lord has just said, that the monarch should be left as the only protection against the misuse of the prerogative power to ask for a Dissolution of Parliament. I wish that we had decided not to pass the amendment that we did but instead had removed Clause 3 from the Bill, but we did not. I hope that no trouble will come from this, but I fear that it could.

[Lord Cormack (Con)]

My Lords, I fear that if we had removed Clause 3, although I was very sympathetic to that line of argument, as the noble Lord knows, we would have had the same result. The Commons, whipped, would have sent back the Bill with Clause 3 reinserted. We should not delude ourselves.

Both noble Lords on the Cross Benches performed a signal service. It was right that the noble and learned Lord, Lord Judge, should take the initiative that he did. I supported him then, and I would support him again, but not tonight, because we both made it plain, as did others, that this had to be the decision of the House of Commons. I think Members have made an unfortunate and potentially dangerous decision, bearing in the mind the delicate position of the monarch. I am very sorry they have deleted the wisdom that we inserted into the Bill. But it has, and there for the moment is an end to it.

Dissolution and Calling of Parliament Bill

Debate between Lord Butler of Brockwell and Lord Cormack

Report stage
Wednesday 9th February 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I rise briefly to support my noble friend’s amendment, but with reservations. My reservation is that which has been put forward by the noble Lord, Lord Howard. It is not inconceivable that a Government could be hamstrung by failing to get a majority in the House of Commons and could not get their programme through. I believe that there should be restraints on the improper use of the power to dissolve. We are all agreed that it should not be the sovereign and there are dangers in it being a resolution of the House of Commons. That is why I will argue for the removal of Clause 3 so that in the last resort there can be resort to the courts.

[Lord Cormack (Con)]

My Lords, the removal of Clause 3 would be the second-best option. The noble Lord, Lord Butler, knows that I was sympathetic when he raised this point at Second Reading. Like my noble friend Lord Howard, with whom I frequently agree but not today, I apologise for not being here in Committee. I was attending a farewell dinner for a friend who had given some 20 years’ service in his post and I felt that, as I had spoken at Second Reading, I could reserve what I wanted to say for Report. I strongly support what the noble and learned Lord, Lord Judge, said, in his balanced, measured and eminently sensible speech.

To give unfettered power to any individual is a very serious thing indeed. I believe that it is important that this House today gives the other place an opportunity—an opportunity that it did not take when the Bill was with it. It is important because things have moved along quite a lot, not least with the intemperate, frankly bullying and certainly unconstitutional threat of Mr Rees- Mogg, which was one of the worst utterances that I have heard in my 50 years in Parliament from any leader or indeed any senior Minister of the Crown.

We know—I know from personal experience—that you do not need a general election if there is a change of Prime Minister. Harold Wilson resigned in 1976 and was replaced by Jim Callaghan. The election in which Mrs Thatcher had her triumph came three years later. Mrs Thatcher retired—or left—and was replaced by John Major without a general election. David Cameron, contrary to his promise to carry on, a few hours after the referendum result indicated that he was going and was replaced by Mrs May without either a general election or a party election for a leader. Those are historic facts. I believe that it is very important that the House of Commons should have a say in this.

I agree very much with what the noble Lord, Lord Grocott, said about the Fixed-term Parliaments Act and I bid it farewell without any sadness. Although my noble friend Lord Howard is right in a theoretical sense that of course anything can happen—we can all think of extreme things happening—I honestly do not believe that it is at all likely that you would not get a majority in the House of Commons, perhaps a slender one, one way or the other.

Fixed-term Parliaments Bill

Debate between Lord Butler of Brockwell and Lord Cormack

Tuesday 10th May 2011 Lords Chamber

[Lord Cormack]

My Lords, not for the first time today I find myself very much in sympathy with the noble Lord, Lord Grocott. I cannot say that I share his aspirations regarding a future Labour Government, but apart from that, he has spoken very persuasively and sensibly, as he always does. The noble Lord is a constitutionalist and thus, in the constitutional sense, a true conservative. As I listened to him, I thought of my dear friend, the late, great Jack Weatherill. He used to say, “I am all in favour of progress so long as it does not mean change”. I think that Members from all sides of the House to some degree view this Bill in that spirit. I have never been totally opposed to the concept of fixed-term Parliaments, and indeed I made that plain in my maiden speech. But I must say that the more I have heard of the debates as they have gone along, the more I am convinced, as I said earlier today, that this is unnecessary legislation which is taking up a lot of our time and need not do so.

Some exceptionally distinguished Cross-Benchers—I pay tribute to them all, particularly the noble Baroness, Lady Boothroyd, a former Speaker of the House who has unparalleled experience—have put down an amendment that, in a sense, saves us from ourselves. It is a wise and sensible amendment in the best traditions of this House because it accepts, however reluctantly, that it is the will of the Government to have a fixed-term Parliament Bill. I have never for a moment challenged the right of a Government to serve for five years and have said repeatedly that I applaud that desire. I do not think that this legislation is necessary for it, but I applaud the desire. I am pleased to support the coalition Government and I hope that they do survive for five years. I hope that, as the years go by, they become more and more politically mature, less and less bent on messing up the constitution, and then more and more inclined to concentrate on those issues which truly concern the people of this country, wherever they may live.

What the amendment does is recognise the right of the Government to do what they are seeking to do, but enshrines in the legislation one of the principles of our unwritten constitution, which is the right of every new Parliament to determine which way it will go. That does not in any way inhibit future Governments. If, after the next general election, there is a majority Conservative Administration, which I personally would like to see, or a majority Labour Administration, which the noble Lord, Lord Grocott, would understandably like to see, it matters not. If the Government wish to continue with the fixed five-year term, they can do so, but they have got to say to Parliament, “Let us look at this”, as one of their very first acts after the election.

I can imagine that in 1974, because I was there, it would have been difficult for Prime Minister Harold Wilson to have got through the necessary clause to create a five-year Parliament. I am exceptionally sorry, of course, that that would have prevented the noble Lord, Lord Tyler, or Paul Tyler as he was then, serving out the five years which he had hoped to serve, but to have a Government with a tiny majority or, in that case, no majority at all, enshrined for five years would have been a legislative and constitutional nonsense. Of course, Harold Wilson had the right to go to the Palace in the late summer/early autumn of that year, to ask for Dissolution and to have another general election, which had as a catastrophic by-product the loss of the services of the noble Lord, Lord Tyler, but was nevertheless the right thing constitutionally to do.

All that this amendment does is to recognise reality and it ought to command a degree of support from those of us in all parts of the House who truly treasure our constitution. I said earlier today that it is the most important part of our democratic heritage. The Government are not damaging it irrevocably by producing this Bill, but we are putting in a safety clause. We are giving an opportunity for future Parliaments not automatically to be saddled with this but to have to face up to the question: do we want it? I was delighted that my noble friend Lord Hamilton made the brief and telling speech that he did. I think that he spoke for many who share our views and our prejudices—because we all have them. This is an amendment which ought to commend itself to my noble and learned friend Lord Wallace, for whom I have a genuine regard and who has always handled matters in this House extremely sensitively and considerately. I hope that he will say that he can commend the amendment, just as he has put his name to another amendment lower down the Marshalled List.

The amendment paves the way for the important debates next week when we have to decide the circumstances in which an early election can be called, all of us having recognised that there must be a proper, comprehensible and simply expressed formula which can provide for that. For the moment, we are dealing with this amendment and it should command widespread support.

[Lord Butler of Brockwell]

My Lords, I and, I am sure, my noble friends are very grateful for the generous things which have been said about this amendment. They have been said so well that I need speak only briefly, but I hope that brevity will not disguise from your Lordships the constitutional importance of the principle which underlies the amendment.

I do not question or doubt for a moment the sincerity of the noble Lord, Lord Tyler, and his colleagues who believe in a fixed-term Parliament. I do not agree with them, largely for the reasons that were so well put by the noble Lord, Lord Grocott, because there are circumstances in which it is in the national interest for a Prime Minister to seek an early general election and a new mandate. The circumstances which the noble Lord described bear that out. I simply do not think that it is true that all Prime Ministers who go for an early election do so for their party advantage. There are very often national circumstances, as there certainly were in my experience, which make that desirable.

Perhaps I may state some propositions on which I think we can all agree. The first is that to go from flexible-term Parliaments to an arrangement for fixed-term Parliaments is a constitutional change. As the noble Lord, Lord Owen, said, it is a major constitutional change; arguably, it is more important than the change to the alternative vote system on which the country had a referendum. Secondly, I think that it is unarguable that the Government do not have a mandate for this proposition. It was in the coalition agreement, but it was not in the Conservative Party manifesto and it is not something on which the public voted at the last general election. Thirdly, as was said, there has been no pre-legislative scrutiny of the Bill. It has been introduced very quickly; I think that one could say that aspects of it were not properly thought out. That is not the way that a major constitutional change of this sort ought to be introduced.

As has been said, the Government have a perfect right to commit themselves to a fixed term for the present Parliament, provided that they continue to maintain the confidence of the House of Commons. As the noble Lord, Lord Cormack, and others have said, it is not necessary to have legislation for that purpose, but if the Government want such legislation, to bind themselves with hoops of iron, I regard that as their business; I do not challenge it. What I do challenge is their right by making a permanent constitutional change to bind future Parliaments. Certainly, they do not have the right to make a permanent change to our constitution to meet the convenience of a temporary coalition.

As has been said, this amendment seeks to deal with this situation in a reasonable way. It does not defeat the Bill. It allows it to apply to the present Parliament, which is the Government’s wish. It allows the legislation to remain on the statute book in case a future Government or coalition wish to bind themselves similarly. However, while giving a future Parliament that choice, it avoids a permanent change to our constitution. I urge noble Lords in all parts of the House, whether they agree with a fixed-term Parliament or not, to uphold the principle that we do not make permanent changes to our constitution without more consideration than has been given in this instance and that we do allow future Parliaments to apply this legislation to themselves if they choose it.