Fixed-term Parliaments Bill

Debate between Lord Desai and Lord Bach

Monday 21st March 2011 Lords Chamber

[Lord Desai]

My Lords, I have already raised my worries about the extension power that a Prime Minister has beyond five years. On this group of amendments I am aware that there is a problem, but I am not as worried as my noble friend Lord Howarth about the Prime Minister's ability to go to the country earlier than five years. I do not mind that.

I very much worry about the two-month extension beyond the five years. It would be very reassuring if the Minister took away, for example, the amendment of the noble Lord, Lord Norton, and produced a schedule of possible circumstances. I know that nothing is certain—there can always be the black swan which we cannot anticipate—but if we were told under what circumstances a Prime Minister could be permitted to go to Parliament about a postponement, that would put my mind at rest.

In a sense, this power goes beyond the 1911 Act, and we should take it very seriously. I calculate that, given the current date of election in the Bill, there will be 61 days in the two-month delay; 61 is not a perfect multiple of seven, so the Prime Minister may be tempted to go for 63 days. One can go on like that. We need some idea of the circumstances in which a Prime Minister could claim.

Secondly, as the noble Lords, Lord Rennard and Lord Cormack, said, the provision should be brought to both Houses of Parliament. We have a constitutional position in this question, and it should not be left to the other place alone. I can envisage circumstances under which a Government with a two-thirds majority could arbitrarily give themselves authority to extend the election for two months. I would be very worried about that.

We should have safeguards in the Bill to make sure that both Houses are consulted, that we know the possible circumstances under which the Prime Minister can exercise the power and that we can be certain that such powers will be used only in exceptional circumstances.

[Lord Bach]

That was a most interesting, if short, debate on an important series of points. From the Front Bench, I thank all those who have taken part and who have drafted and spoken to their amendments.

I will be very short. The case has been made out that an earlier calling of an election should not be in the Bill at all. I very much look forward to hearing the noble and learned Lord, Lord Wallace of Tankerness, explaining to us the circumstances in which that might be even feasible under a fixed-term Parliament. I am absolutely with those who have spoken on that and tabled amendments on it.

As for postponement, the Committee should be grateful to the noble Lords, Lord Norton and Lord Rennard, and others on those Benches who have tabled Amendments 24 and 25. We see the strength of what they argue. I just add one caveat and invite them, before we get to Report—because this is a very important matter, as the noble Lord, Lord Cormack, said, and might well be divided on then—to see whether their wording is absolutely right. I am sure that they intend to.

In 2005, under our present system and four years into a Parliament—not five years into a five-year fixed Parliament—his Holiness the Pope died. As I understand it, the general election plan for a certain date was postponed for a week because of that fact. No doubt various considerations were thought about very carefully: some people were grieving; others had things on their mind. That was considered and made public—it was not hidden away by politicians as a calculation.