Fixed-term Parliaments Bill

Lord Marks of Henley-on-Thames Excerpts

Wednesday 14th September 2011 Lords Chamber

[Lord Bach]

My Lords, I do not intend to take up much time of the House. Our position remains the same. We support the amendment. It still seems to us to be a practical and sensible proposal that is generous to the Government and gives them their five-year term of this Parliament but takes account of the substantial concern and suspicion that there is about the Bill across both Houses of Parliament. Noble Lords may have seen that, last week in the House of Commons, at least seven Conservative Members of Parliament voted against the Government on this issue.

What is Her Majesty's Government's argument? Put by a junior Minister at the Cabinet Office, the honourable Mr Harper, last week, it is effectively that the Cross-Bench amendment moved by the noble Lord, Lord Butler, is unconstitutional. Anyone reading Mr Harper's speech from last week and looking at the ridiculous amendment proposed by the Government would be struck by the frankly patronising, even insulting, manner in which he addresses the Cross-Bench amendment. It is perhaps a little cheeky for a junior Minister to attempt to patronise two ex-Cabinet Secretaries, a very distinguished ex-Speaker of the House of Commons and one of our leading constitutional legal experts, but that is what he chose to do. That insult, or patronisation, pales into insignificance compared with the pure chutzpah in this Government protesting about the way in which constitutional change takes place. If the right reverend Prelate will forgive me, it is a bit like Satan preaching against sin.

Where, both in this Bill and in its now notorious predecessor, the Parliamentary Voting System and Constituencies Act 2011—whose absurd consequences we can all see this week, and the Liberal Democrat Benches more than most—was there, first, any pre-legislative scrutiny? Secondly, where was there any draft legislation? Thirdly, where was there any suggestion in the Conservative Party’s manifesto for the last election of supporting fixed-term Parliaments? Indeed, I recall—and I am sure the Minister will correct me if I am wrong—the Prime Minister himself, before the election, insisting that there must be a general election whenever a new Prime Minister took office. That is the complete opposite of what is proposed in this Bill. Where is there the search for consensus? Where, in short, is there any of that care, caution and concern for our past, present and future which should always be part of constitutional change? The answer of course is that there was none, and our country will pay the price for such hurried and careless law-making.

The Government criticise the amendment of the noble Lord, Lord Butler, saying that the sunset clause is not suitable in a constitutional Bill, forgetting, as the noble Lord, Lord Pannick, reminded us a few minutes ago, that, when in opposition, both parties demanded—quite rightly, in many cases—sunset clauses in constitutional matters affecting citizens’ civil liberties. In short, there is absolutely nothing unconstitutional.

[Lord Marks of Henley-on-Thames]

Will the noble Lord help me on this? Does he agree that this sunset clause is not just a sunset clause but also a sunrise clause, in the sense that the matter can be brought back in any subsequent Parliament, for the duration of that Parliament alone, so that effectively the difference between this clause and other sunset clauses—that is, the clauses proposed by the amendment—is to leave the country and the electorate in a state of permanent uncertainty, and to deprive the Fixed-Term Parliaments Act, as it would be, of any force whatever to that effect?