Fixed-term Parliaments Bill

Debate between Lord Goldsmith and Lord Lloyd of Berwick

Tuesday 10th May 2011 Lords Chamber

[Lord Goldsmith]

Noble Lords will notice from this that over many years, both in this House and at the Bar before, my noble and learned friend and I have made quite a good double act. I intended to come to that very point shortly but I do not blame him for trying to get in first. As an advocate, it is important always to make a point that you think is a good one before the other advocate does so.

On the point about pre-legislative scrutiny, it is not only a question of having an opportunity to scrutinise in this House; the committee asked the Minister responsible, “What do the people think about this? Have you asked the people what they think not only about the principle but also the term?”. As noble Lords will see in the evidence, that has never been done; there has been no attempt to consult on that kind of question. The Minister drew attention to two newspaper polls and a survey by the Scottish Youth Parliament, which were no doubt very worthy, but, as far as I am aware, they were not on the question of term but simply on the question of fixed-term Parliaments.

So the Government had nothing to support their view other—and we come now to the evidence to which my noble and learned friend Lord Falconer has drawn attention—than a political decision, a political compromise, that this Parliament was going to last for five years. We all agree in this House that that could have been done by a statement by the Government that they were going to do that and sticking to their guns. It did not need a Fixed-term Parliament Bill at all.

That brings me to the point made by the noble and learned Lord, Lord Lloyd of Berwick, that we should allow the Government to have five years this time round and four years thereafter. With respect, that makes no sense to me at all. The recommendation in the report from the Select Committee on the Constitution was not that it should be five years this time and four years thereafter. It was very clear in saying at paragraph 62 that,

“the majority of the Committee consider that a four-year term should be adopted for any fixed-term Parliamentary arrangement”.

When I put my name to this, I did not for a moment think that the report was saying that we should let the Government have five years this time and four years thereafter. They could have achieved that if they had done what the committee wanted, which was to spend the time during this Parliament to consult properly, reach a view, legislate for hereafter but not to rush this through in this way. So I have no hesitation at all in rejecting the shabby compromise that ended up with a five-year term in the discussions to which my noble and learned friend Lord Falconer has referred, and I would reject any compromise on four years. If it is to be four years for a fixed-term, it should be four years now and hereafter.

[Lord Lloyd of Berwick]

The noble and learned Lord will not have overlooked paragraph 17 of the report, which explains the important distinction between the Government’s immediate concern that they should continue for five years and the long-term issue of the fixed-term Parliament.

[Lord Goldsmith]

That is the point. The Government could have said that they had decided that they wanted the term to last for five years, that they would do that by making a commitment now for it to last for five years, unless there are unforeseen circumstances, and that they would legislate for future fixed-term Parliaments of a different level. It was not at all a question of the committee recognising that five years, as a legislative fixed-term as opposed to as a result of the exercise of prerogative, was right for this Parliament.