Dissolution and Calling of Parliament Bill

Lord Lisvane Excerpts

Committee stage
Tuesday 25th January 2022 Lords Chamber

[Lord Lisvane (CB)]

My Lords, I had added my name to Amendment 2 in the name of noble Lord, Lord Wallace of Saltaire, but unfortunately it has not made it on to the Marshalled List that I have. I hope that is not an expression of editorial disapproval.

I congratulate the noble Lord on his ingenuity in bringing Prorogation within the scope of our discussions. As the Minister will know, I was a little sceptical about the view that Prorogation was outside the scope or relevance of the Bill. That was on two grounds. First, it was said that Section 6 of the 2011 Act excluded Prorogation. Of course, it may have excluded it, but what is excluded can be added by amendment.

The second ground of my scepticism was the intimate relationship between Dissolution and Prorogation. It is by no means unknown for Parliament to be dissolved while prorogued; I have not looked at the figures, but this may be the majority of cases in recent decades. Even if we go back to the relatively short period—the business period, as it were—of Prorogation after wash-up, there will be a period of time when the House of Commons cannot take a decision of the sort envisaged by my noble and learned friend in his Amendment 3. So I suggest that, although this may not be crucial, it is probably a useful procedural mechanism or precaution.