Fixed-term Parliaments Bill

Lord Grocott Excerpts

Tuesday 29th March 2011 Lords Chamber

[Lord Norton of Louth]

My Lords, I agree with my noble friend Lord Newton of Braintree. He is right about the international position; we are extremely unusual in the period of transition from Government to Government. I shall come back to that on a later amendment.

The problem with Amendment 37—I shall speak also to Amendment 34—is the premise that there should be a delay for a set period following the election. It may be for only five days rather than 14, but there is a delay, whereas the noble Lord, Lord Howarth, seeks to make provision for an election to follow in the immediate wake of the loss of a vote of no confidence. Given a choice between the two, I incline to the amendment of the noble Lord, Lord Howarth.

However, the problem that I have with his amendment is that the loss of a vote of no confidence triggers an election as the only option. I believe that that should be, as now, one option rather than the only option. I shall come back to that issue in later amendments. Given the choice between the two I incline towards the amendment of the noble Lord, Lord Howarth. However, we still need a provision for Prime Ministers to be able to tender their resignation rather than automatically request that Parliament be dissolved.

[Lord Grocott]

My Lords, the noble Lord, Lord Newton, repeated an argument that has been used on many occasions, particularly by his noble friends on the Liberal Democrat Benches, that we are somehow in a new kind of politics now, having moved from the traditional two-party system to the less traditional three-party system, and that we therefore need to change huge swathes of our constitution, including changing the voting system and perhaps changing the mechanism for moving from one Government to another, in order to accommodate a fundamental change in our political system. I put it to him, and to them, that I do not take that view; I think that the fundaments of our politics are quite similar to what they were when I came into politics 50 years ago. I put it to them at least that, should any of the opinion polls be right—and we know that we should treat them cautiously—there is a fair bit of evidence that we are moving back towards more of a two-party system, which I for one would welcome. I would be interested to know whether all those who have been saying “New politics means new constitution” will now say that they want the constitution to revert to the way that it operated previously, should there be old politics after all—that is, fundamentally a choice between people who are broadly happy with the way things are and people who want to change them, which is basically what happens in democracies in the United States, here and in many countries of Europe—rather than a yes, a no and a don’t-know as we have at the moment. I make that point simply as an aside but it is worth considering.

This part of the Bill makes an extraordinary proposition. I think that we all more or less subscribe to the cliché “If it ain’t broke, don’t fix it”, but the Government seem not only to be rejecting that idea but also to be saying that, if it is working perfectly, we had still better fix it. My argument is very simply that the no-confidence system as has operated in this country works not just very well but perfectly. We have a test case: 1979. I am very pleased to see the noble Lord, Lord McNally, on the Front Benches; he remembers 1979 as well as I do. That was a perfect example of the no-confidence system, which is not written into our constitution, with there being no clear procedural rules that Jim Callaghan had to follow, working perfectly. He lost the confidence of the House on a motion of no confidence so he went to the country. Will someone please tell me what was wrong with that? One problem that the Government got themselves into in their five days in May, among many others, was trying to write in law aspects of our constitution which are perfectly well understood and which do not need writing in law. It is a bit like trying to write down prescriptively in legislation the procedures that the monarchy needs to go through in the event of a hung Parliament. That would be extraordinarily difficult, and what the Government thought was an incredibly simple Bill is not a simple Bill at all. It has serious complications, and this is the most serious of them.

I simply put this to the Minister. In respect of the 14 days, what is the problem that he is trying to resolve? I shall put it even more simply than that and ask him what Jim Callaghan did wrong. He lost a motion of no confidence; we all know what that is. He immediately went to the country. Under this Bill, he should have entered a period of 14 days’ negotiation, without any consultation with the British public. Worse still—at least from my perspective; nobody could accuse me of self-interest because I have mentioned to the Committee before that his decision resulted in me becoming unemployed—

[Lord Clinton-Davis]

Jim Callaghan did not immediately go to the country. There was a gap of some six weeks.

[Lord Grocott]

He immediately called the general election. My noble friend is quite right to correct me, but it amounts to the same thing. My point is that there was no negotiation. He announced the general election immediately, and the public and the parties knew where they were.

Unless the noble and learned Lord, Lord Wallace, can explain it to me, there is a double fault in the Government's position. Am I right in assuming, first, that the Government think that it was wrong for Jim Callaghan to go to the country when he did; and, secondly, according to other parts of the Bill, that the Government should have gone on for another six months until October 1974 without a majority to complete the five-year fixed-term period? That builds absurd rigidity into the system. I cannot see what they are trying to deal with. If the noble and learned Lord cannot answer those two specific questions about what Jim Callaghan did wrong, he ought to remove the provision.

I agree with my noble friend's amendment. To distil it, it simply says, “If a Government lose a motion of no confidence, there shall be a general election”. I would love it if someone would follow me to say, “It is a risky, false proposition that if a Government lose a motion of no confidence, they should go to the country”. Why fiddle about with it? What on earth are the Government doing? Why do they not save us all a lot of time and energy and just withdraw the provision?

[Lord Campbell of Alloway]

My Lords, very briefly, I have for a long time shared the concerns expressed by the noble Lord. Those concerns appear to me to be met by Amendment 50. Has he considered that?

[Lord Mackay of Clashfern]

My Lords, it is worth pointing out that the noble Lord’s Government introduced a fixed-term Parliament in Scotland with procedures if the incumbent Government lose a motion of no confidence. The Bill is dealing with a fixed-term Parliament on somewhat the same lines as the Labour Government did in the devolution legislation.

[Lord Grocott]

I am sorry, my Lords. I was sitting down thinking about having a cup of tea and suddenly realised that those were interventions on my speech.

The fundamental difference between this and the situation in the Scottish Parliament is that that document began from a blank sheet of paper—albeit a very well rehearsed blank sheet of paper. There is all the difference in the world between drawing up a new constitution and amending a constitution which has worked perfectly well. That is my answer to that question.

[Lord Falconer of Thoroton]

This is a fascinating debate. To pick up on what my noble friend Lord Clinton-Davis said, it has been mentioned before in this debate, but it is worth citing what Mr James Callaghan said in the evening after he lost the vote of no confidence. He said:

“Mr Speaker, now that the House of Commons has declared itself, we shall take our case to the country. Tomorrow I shall propose to Her Majesty that Parliament be dissolved as soon as essential business can be cleared up, and I shall then announce as soon as may be—and that will be as soon as possible—the date of Dissolution, the date of the election and the date of meeting of the new Parliament”.—[Official Report, Commons, 28/3/79; col. 589.]

Under the Bill, were it to be passed in this form, Mr James Callaghan would have said, “I shall now wait for 14 days while I offer the Ulster Unionists tunnels and money, and junior ministerial posts to Mr Bruce Grocott, in the hope that they might then support me”. Should Mr James Callaghan have been of that nature, he could under the Bill have used the 14 days to bribe and cajole to produce another Labour Government with confidence and supply support from the Ulster Unionists and come back 14 days later to say, “Ha, ha! I can return with a Labour Government and I will hold on until October 1979”. We should ask ourselves: would the public have had greater confidence in Mr Callaghan if he had behaved like that or did they have much greater confidence in him immediately accepting the consequence of what was happening and going to the country?

I ask that question because the right honourable Mr Nicholas Clegg says that we are going through all these contortions apparently to increase trust in our parliamentary system, despite the fact that Mr David Laws makes it clear that that is untrue. I give way to the noble Lord, Lord Rennard.