Fixed-term Parliaments Bill

Debate between Lord Falconer of Thoroton and Lord Turnbull

Tuesday 10th May 2011 Lords Chamber

[Lord Falconer of Thoroton]

Parliament could use its majority to get the repealing Act through, just as it could use its majority to pass the resolution. In my respectful submission, there is no difference between the two.

[Lord Turnbull]

Can the noble Lord explain my one reservation about a provision I otherwise support, which is about the point in the next Parliament when this option has to be exercised. Can it be exercised at any time through that Parliament, or does it have to be done early on? If it is not early on, is it fair that you do nothing for, say, two or three years, then when it looks as though you might quite like the protections of this Act, you decide in about the third year to revive it? Should there be some point at which you have got to place your bet?

[Lord Falconer of Thoroton]

I understand the amendment tabled by the noble Lord, Lord Pannick and the noble Baroness, Lady Boothroyd, to be governed by Amendment 25 in this respect. What happens is that this Bill continues only up until the first meeting of the next Parliament, and I assume that the resolution can be passed at any time thereafter. I hope that satisfies the noble Lord, Lord Turnbull.

[Lord Turnbull]

I think it satisfies me as regards the explanation, but I am not sure that it satisfies me as to whether that is the right outcome.

[Lord Falconer of Thoroton]

I would have thought it is sensible for Parliament to decide when it wants to consider the resolution—it might well want to consider it early on, or it might well want to consider it later on. I do not see any purpose, as far as the amendment is concerned, in restricting the time as to when the resolution needs to be considered. In my respectful submission, the key point in relation to this is that this is a bad piece of constitutional legislation, in the sense that the process used is agreed by all to be a bad process. Putting aside the argument that says all constitutional legislation should be subject to a sunrise clause, it is right, if we are going to make a change to our constitution of this importance, that there should be some protective measures. This seems, with respect, to be a very sensible protective measure. If we see our role as being to protect the constitution, and we can do that without denying the Government what they want politically, then I respectfully suggest we should take that opportunity. I am grateful to the noble Lord, Lord Pannick, and the other co-signatories to the amendment for giving us that opportunity.