Dissolution and Calling of Parliament Bill

Debate between Lord Mackay of Clashfern and Lord Desai

Committee stage
Tuesday 25th January 2022 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, we are very much indebted to the noble Lord for his background in this matter. It is important to remember that there are Dissolution principles to be settled before this situation arises. From time to time they have been revised, but I do not think they have been revised for some time now, and obviously it is appropriate that they should be before a further action is required.

It seems there is an academic argument about whether, once the prerogative powers are stopped as they were by the original Act, they can be revived—and this academic discussion occupies quite a lot of pages. So far as I am concerned, if Parliament says, “You go back to where you were before we did this”, that seems perfectly possible and should be followed. I therefore agree with my noble friend Lord Norton of Louth that it is desirable to put that in the Bill. I do not think it is at all likely that anything of the sort that the noble Lord, Lord Grocott, has mentioned is likely to arise, because the Dissolution principles make that very plain. It is in the form of a request because of its importance, but it will be taken in accordance with principles that are well settled. I very much support this proposal and the basis on which it rests.

[Lord Desai (Non-Afl)]

My Lords, if I may intervene in this debate, I think it is still important that what used to be the custom and convention be clarified on paper. This is for a very simple reason. While I agree with the noble Lord, Lord Grocott, that it is inconceivable that a monarch could refuse the request of a Prime Minister, there is always a possibility. For example, in India, which has a constitution based very much on British lines, the president is elected by the Parliament, and very often he or she is a partisan person and would be unable to refuse the Prime Minister under any circumstances. We have to reserve the power of the monarch. If what the Prime Minister is saying does not smell good when he or she is asking for a dissolution, the monarch should have the power to say no.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Mackay of Clashfern and Lord Desai

Wednesday 19th January 2011 Lords Chamber

[Lord Desai]

My Lords, just before the closure we were talking statistics, and I make a small statistical point. The Government want to equalise the constituency boundaries, which is a very laudable aim. With the best will in the world, they may be able to do it in 99 per cent of the cases within three standard deviations; that still leaves six spare seats out of 600. The Government should not feel too nervous about having one more exception. The Government should say that it is just not humanly possible to fit everything within 598 seats. It is possible to allow a little bit of slack and, if the Government do, they will not lose the thread completely, and it will help many Members of your Lordships’ House to breathe easy.

[Lord Mackay of Clashfern]

My Lords, my connection with the Isle of Wight is that when I was Lord Chancellor I was invited to open the new magistrates’ court there. My host was the late Lord Mottistone, who was a Member of this House and at that time the governor of the Isle of Wight. I gather that the governor’s post has fallen into desuetude, but at any rate that shows that it was a separate—whatever the right noun is for whatever the governor has to rule over. I was shown very well over the island during that visit. My noble friend has succinctly explained the powerful case for separating out the Isle of Wight, and I hope that the Government consider it.

On the wider point made by the noble Lords, Lord Judd, Lord Forsyth and Lord Pannick, I believe that the amendment moved yesterday and dealt with so expeditiously yesterday afternoon, which is to be considered by the Government, would provide a pretty good answer to most of the difficulties, if the Government are pleased to accept it.