Fixed-term Parliaments Bill

Alec Shelbrooke Excerpts

Wednesday 24th November 2010 Commons Chamber

[Mr Straw]

But the pact was not with the Conservative party. Sadly, in some ways, the Labour party is far less ruthless than the Conservative party when it comes to worrying about its own survival. I am happy to discuss the details and the highways and byways of the Lib-Lab pact, because I worked as a special adviser, as they were pompously called and, I think, still are, to the great Peter Shore at the time—and necessary it was, too. In those days, at least the Liberals had some sense of which side they were on, but they have abandoned even that idea since.

I shall speak specifically to amendment 4 in the name of the hon. Member for Stone (Mr Cash) and many of my right hon. and hon. Friends, which would delete clause 2(1)(c), the measure providing the two-thirds trigger for a Dissolution. The hon. Lady made a slip of the tongue that, as often with such slips, held a revealing truth. She talked of a motion of “no consequences”, rather than a motion of no confidence, and, apart from the fact that I object to the idea of special majorities in the House, it seems to me that the trigger is wholly redundant, unnecessary and, indeed, offends the role of the House in holding the Executive to account. Now that the Liberal Democrats and the Conservatives have had to abandon the completely naked idea of a 55% trigger, which would have enabled the most extraordinary circumstances to arise, they should abandon the provision before us, including the two-thirds trigger, altogether.

The provision was included in the Bill as a copy-out from sections 3 and 46 of the Scotland Act 1998. The Deputy Prime Minister first tried to make up the arguments for the measure on the hoof, and somebody pointed out to him that such a trigger existed in the 1998 Act. He suggested that it was a completely rigid trigger, and that the only way in which an election for the Scottish Parliament could be called was by a two-thirds majority of every MSP. Closer examination of sections 3 and 46 of the 1998 Act shows that that is simply not the case, however.

Section 3 does, indeed, provide for an early election if

“two-thirds of the total number”

of MSPs vote for one or, as subsection (1)(b) goes on to state, if

“any period during which the Parliament is required…to nominate one of its members…as First Minister ends without such a nomination being made.”

Under section 46, the First Minister’s nomination is by a simple majority. If it transpires that nobody in the Scottish Parliament can command a simple majority—in other words that no confidence in either party is declared and the Government in Scotland cannot continue—there is by virtue of that fact an election, and that is entirely right.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I am listening carefully to the right hon. Gentleman, and I want to push him on the points that he is making. The possibility of a no-confidence vote still exists in the Bill, and if a Government could not be formed in 14 days we would go to a general election. Would he prefer the power to call a general election to remain solely in the gift of the Prime Minister or in the gift of this House?

[Mr Straw]

I am in favour of a fixed-term Parliament, although I would have wished it to be four years. So, too, did the Liberal Democrats wish it to be four years. Indeed, they spelled that out in a document dated 10 May 2010 headed “Recovery and Renewal”, which contained their proposals in the coalition talks for what became the coalition agreement. I am indebted not to the department of open government in the Liberal Democrat headquarters for providing wider sight of this, because whatever they think about the Freedom of Information Act 2000, they certainly do not apply it to themselves, but to the New Statesman and its website. For greater accuracy, however, I have a copy here. It says:

“Immediate legislation to…set the date of the next election for June 2014, and establish”—

Fixed-term Parliaments Bill

Alec Shelbrooke Excerpts

Tuesday 16th November 2010 Commons Chamber

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

On the specific point that it is always a failing Government who go the five years and cling to power until the last before leaving, I recall that the 1987 to 1992 period resulted in the same party being returned.

[Austin Mitchell]

I am baffled—I mentioned Governments in a mess and a Government Member stands up to tell me that the mess was bigger than I thought it was. Is that the point he is making? My point is quite simple. There are deeply unpopular Governments—Governments in such a state as this Government have reduced themselves to in six short months—who hang on to power.

[Alec Shelbrooke]

The hon. Gentleman refers to a Government reduced to the state that this Government are in. They are easy words, but will he clarify his comments?

--- Later in debate ---

[Austin Mitchell]

It says up to five years, and the Government are seeking to make five years the compulsory length of a term, so far as they can entrench that in the constitution. Had the hon. Lady heard the preceding debate, she would have realised that, historically, most Governments have gone to the country before their five years were up.

[Alec Shelbrooke]

That is all very well and good, but the hon. Gentleman is overlooking the fact that, for the first time, Parliament, and not the Prime Minister, will have the power to dissolve Parliament.

[Austin Mitchell]

Parliament will have the power to dissolve Parliament on a two-thirds vote, I think, in this ludicrous legislation, so I am not quite sure what the hon. Gentleman is saying. I am saying that we should legislate for three-year Parliaments, which would be sensible, and I am asking where the five-year term has come from. How did it come into the heads of this Government? Did it spring fully armed from the head of the Prime Minister?

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[Andrew Percy]

I am just a lowly Back Bencher. I cannot answer that question, but the right hon. Lady has made her point and no doubt Ministers will respond to it when they come to the Dispatch Box.

It is important to remember that the subject of the Bill is not one that electrifies the public. We are all in agreement about that. In the Dog and Duck they do not talk about it. In my village the pub is well known—the Percy Arms—and the topic does not come up a great deal there. It is not something that people are talking about or that is tripping off people’s tongues, but that does not mean it is not important. It should be debated properly. Perhaps that is a partial response to the right hon. Lady’s point.

I have been staggered by some of the comments by Opposition Members—the feigned outrage about a five-year term. Many of them were in the previous Government over the last five years—[Interruption.] Sadly, the country knows what it was like as well. I want a four-year term because the experience of the last Government, and perhaps earlier Governments, shows that a five-year term is not necessarily in the best interests of the country. Governments generally expect to go to four years, although there is no requirement for them to do so. When they have run to five years, it is usually because they have known that they were about to be booted out by the electorate. We thus end up with a year of incredibly poor decision making, and this Government have to deal with the consequences of the appalling decisions taken in the last year of the Brown Government.

[Alec Shelbrooke]

On my hon. Friend’s point about Governments campaigning in the last year, one of the things that I find most disturbing is the premise that in a five-year Parliament, Members take no notice of their constituents until the last year. That may explain why the majority of the hon. Member for Great Grimsby (Austin Mitchell) fell to just 714.

[Andrew Percy]

I hope that politicians on all sides take notice of their electorate at all times. The problem with going to a three-year term is that they may take less notice of their constituents and a great deal more notice of the newspapers. Given that Governments tend to be most responsive to newspapers in the last year or six months before an election, the risk with a three-year term is that the Government would be beholden to the newspapers and chasing headlines for the entire term of office.

On the clash of elections, I have sympathy with those representing countries with devolved Assemblies. I would not want a Welsh Assembly election or a Scottish Parliament election on the same day as a general election, but it is a bit inconsistent for some on the Opposition Benches to suggest that a clash of elections is always bad news, because they deliberately arranged for that by holding European and local government elections on the same day, using two different voting systems. However, that is best avoided. I accept that the case for a general election is a little different and that a general election should be held separately from the elections in the devolved regions.

I have no academic or study to quote on the four-year term; I just feel in my gut that it is the right length of time for a Government. A four-year term is better because it would fit with local government elections and devolved assemblies. The Canadian Government changed from five to four years a couple of years ago, and we have heard about the three-year terms that exist in Australia and New Zealand. For me, four years would be a more appropriate term for us to be in office. There is an acceptance that after being in power for five years, we tend to be a little too detached from the electorate, and consequently end up making bad decisions. However, I cannot support the three-year term proposed by my near neighbour, next door but one, in Great Grimsby. That would throw us into a perpetual state of elections. It is often said about US congressional elections that American Congressmen are in a perpetual state of election, which is why they have so many earmarks and pork barrelling; they have no sooner got themselves to Washington DC than they have to run back to their electorates to try to gain election.

--- Later in debate ---

[Chris Bryant]

I will come on to why I think five years is an inappropriate length of time. However, I am grateful for the hon. Gentleman’s comments. I will admit lots of things in this speech, but I will not admit what he has just told me to admit.

My argument is essentially that four years is a better term for a fixed Parliament than five years. A five-year legislative provision for a maximum length of a Parliament has served us not too badly and may well be okay, not least because it has meant in practical terms that Parliaments have tended to be more like four years, precisely as Asquith intended in 1911. But a fixed five-year term is overlong, and the main reason why we have that is that the Government want to continue until May 2015, which is an inappropriate use of constitutional reform.

The hon. Member for Brigg and Goole said that he was absolutely certain that there could not have been any underhand skulduggery. I think he was using irony, if not sarcasm, and irony does not always translate perfectly into Hansard. His Dog and Duck test is right. The vast majority of voters are not obsessed with the length of a Parliament, but they do know when a Parliament has had its day, and for the most part, by the time we get to four years in this country, certainly since the second world war, most electorates have started to say, “You know what, it’s time we had a general election.”

[Alec Shelbrooke]

First, will the hon. Gentleman confirm that there is no reason right now why this Parliament will not go to May 2015—it is perhaps just wishful thinking on the Opposition Benches—and, secondly, will he confirm whether his party supports fixed-term Parliaments?

[Chris Bryant]

Yes, I was just about to come on to the point that I wholeheartedly agree with fixed-term Parliaments. It was wrong for Conservative, Labour and, for that matter in the past, Liberal, Whig and any other kind of Government to be able either to cut and run, as the Deputy Leader of the House said in a sedentary comment earlier, or to choose to hang on until something comes along. It is better to have a fixed term.

Interestingly, in 1950, Stafford Cripps—your predecessor, Ms Primarolo, by I do not know how many—argued forcefully to Clement Attlee that there should be a general election before a Budget, because, if the election were held after, it would look as if the Government were trying to bribe the electorate, which would be wholly inappropriate.

[Alec Shelbrooke]

Those were the days.

[Chris Bryant]

Those were the days, eh? When high-mindedness ruled.

The point is surely that it should not be within the power of the Government to determine the rules. It is like the situation in which everybody is running a 100 metre race, but the starting gun is held by the person in charge, and sometimes he decides to shoot some of the runners instead of just starting the race.

--- Later in debate ---

[Chris Bryant]

That is right, but that is a point in relation to clause 2 and at the moment we are dealing with clause 1. [Interruption.] At the moment we are talking about clause 1. In fact, the Bill is not really a fixed-term Parliaments Bill, because it does not determine how many days it should sit within those five years; it is a fixed-term elections Bill: it determines when elections shall be. There are things that we need to change in relation to Prorogation and so on, and we shall come on to that at another point in the debate, but, for the most part in this country, after four years and often before, the mandate on which the Government were elected becomes pretty thin, and they start doing things—sometimes pretty unpopular things—that were not clearly outlined in their manifesto. The party or parties might have made all sorts of commitments before they went into government, but events come along or the Government suddenly discover things that mean they have to break those manifesto promises or commitments, and the longer that a Government go on after four years, if they do so, the more likely they are to undermine respect for Parliament.

[Alec Shelbrooke]

The hon. Gentleman, in his outrage, is almost saying that we are attempting to increase the length of a Parliament, but we could go to May 2015 as things stand in statute today. That does not involve extending the length of this Parliament. His other point is that Parliaments can run out of steam over five years, but that has been the problem of previous Governments, because they have governed in the short term, rather than for the long term and for the good of the country.

[Chris Bryant]

That is where there is a need for a balancing act, and that is why I do not support a three-year Parliament, which my hon. Friend the Member for Great Grimsby (Austin Mitchell) advocates, or a five-year Parliament. I support a four-year Parliament, which in most constitutions throughout the world seems to be the period at which people have arrived. The Government would have at least three good Sessions in which they could advance their legislative cause, and if they wanted to do difficult things in the first and second years but retain their ability to recover their position in time for an election after four years, they would be able to do so.

One of the other things that happens in government itself is that, after four years, a lot of people become pretty tired. That was certainly true in the previous Parliament, in John Major’s Government and in Baroness Thatcher’s Government, and, because of that concatenation of tired people, many more ex-Ministers no longer have an investment in the future and do not intend to stand at the next general election, so in practice attendance in the House is much lower during the last year of a five-year Parliament than in the preceding years.

--- Later in debate ---

[Chris Bryant]

Indeed. My right hon. Friend makes a very good point; she is right. I think that that Parliament ran for four years and seven months.

The second reason I think that five years is too long and four years would be better is that five years is longer, in practice, than applies virtually everywhere else, certainly within the European Union. Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Latvia, Lithuania, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden and Spain all have, for their lower Houses, fixed or maximum Parliament lengths of four years.

[Alec Shelbrooke]

What about France?

--- Later in debate ---

[Chris Bryant]

I will come on to them, and indeed they add to my argument, but I just wish to finish with France, for the further satisfaction and delight of the hon. Member for Elmet and Rothwell (Alec Shelbrooke). As I am sure he is aware, there have been 18 general elections to the Assemblée Nationale since 1945, which in large measure is because the President has the power to suspend the Parliament early if he wants to, and has frequently done so since 1945. The only restriction is that he cannot do that if he has already done so in the past year. In effect, therefore, there is not a fixed five-year term but a maximum five-year term, and elections have been held in October, November, March and June. In fact, the number of full five-year terms has been low. Again, that makes my point that a fixed five-year term for the British Parliament will mean that we have the longest Parliaments and the least frequent general elections of any country in the European Union.

As the hon. Member for Brigg and Goole (Andrew Percy) said, it is not just the situation in the European Union that should matter. Five years is longer than in any of the other Westminster democracies as well. As he and others have said, New Zealand and Australia have three-year terms. They are not actually fixed terms in either case, they are maximum three-year terms, and I know that plenty of people there would like to be able to change to a four-year term because they think that three years is too short a time. In practice, three years ends up being a fixed term, because who would want to have elections more frequently than that? He is also right about Canada, where there is a four-year term.

However, there are some exceptions. I thought that the hon. Member for Elmet and Rothwell would leap up and ask, “What about India?” The Lok Sabha, whose Members are elected in a similar way to ours in the sense that there are single-member constituencies, is elected for a maximum of five years. However, leaving aside the suspension of elections during the state of emergency from 1975 to 1977, there have been Parliaments of one, two, three or four years on several occasions since 1952. In practice, because it is quite easy to hold early general elections in India, it does not feel as though there is a fixed term of five years. Again, we will be going longer than most.

In South Africa, the National Assembly has supposedly been elected for five years ever since independence, but every term between 1966 and 1989 lasted four years or less—some might say “fewer”, but it depends on how one looks at it.

[Alec Shelbrooke]

I say again to the hon. Gentleman that this Parliament will still have the power to have an election before the end of the fixed term.

[Chris Bryant]

Unless the hon. Gentleman is going to support us on amendments to clause 2—I look forward to his arguments, because we will have to ensure that he is consistent—he must accept that the Bill provides tough measures to ensure that the calling of an early general election will be pretty difficult, if not virtually impossible, given the parliamentary system.

To continue with Parliaments in the Westminster-style democracies, Papua New Guinea has consistently had fixed-term elections every five years since 1972, but it has more than 20 political parties, and only one party in the Papua New Guinean Parliament has more than eight members out of the 109. Again, that is a very different situation.

I therefore point out to Members that since the 1970s the only two places that have stuck to five year Parliaments, which are what the Bill is intended to give us on a permanent basis, are Papua New Guinea and Luxembourg. I just do not think that they provide an appropriate model. Even in the Dáil, which obviously has a five-year term and has done since 1923, the average term has been three years and three months. I argue that the Government are trying to extend the practical length of Parliaments, which is inappropriate.

The hon. Member for Carmarthen East and Dinefwr referred to Scottish, Northern Irish and Welsh elections. His amendment 11 refers to the elections in 2015. I do not know whether the Government want to have a lot of elections on the same day, or whether they want to try to separate elections out consistently. In the USA, as several hon. Members have said, there is a deliberate constitutional construction to ensure that a lot of elections happen at the same time on the same day, on a two-yearly cycle. That is not the model that we have tended to adopt in the UK, although we have ended up with local elections, and now the Scottish, Welsh and Northern Irish elections, happening on the first Thursday in May.

European Council

Alec Shelbrooke Excerpts

Monday 1st November 2010 Commons Chamber

[The Prime Minister]

I have a message for the Whips: you need to hand out more than one question; it is always better if there is a choice. But I think that I answered it earlier.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I congratulate the Prime Minister on once again showing real leadership in Europe. Drawing on the comments made by the Leader of the Opposition a moment ago, we all want to be fully involved at the heart of Europe and in partnership with it, but that does not mean that we have to roll over and have our bellies tickled every time a proposal comes forward.

[The Prime Minister]

I am on only my third European Council, and they are rather more frequent than they used to be, but I do not think it is impossible to combine a strong defence of the national interest with building alliances. Everyone round that European Council table recognises that we actually do all have interests that we have to try to protect on our own as well as making sure that we are making the right decisions for the 27.

Fixed-term Parliaments Bill

Alec Shelbrooke Excerpts

Monday 13th September 2010 Commons Chamber

[Mr Straw]

I am not going to get into too many hypotheticals, but it is a matter of public record that, speaking personally, I was not too keen on the embrace when it was offered on or about 8 May. The hon. Gentleman might wish to take some comfort from that for the future. Aside from anything else, he should do the arithmetic as to whether there could be some stability from such a coalition.

As others want to speak, let me come to the crucial issue of whether the fixed term should be five years or four years. Most constitutional experts are agreed that four years is a more appropriate fixed term and would better reflect the constitutional position, historical practice and comparisons with other Parliaments. Professor Robert Blackburn has said:

“In the UK, there can be little doubt that the period between general elections should be four years...It was the period expressly approved of as being normal in practice, when the Parliament Act set the period of five years as the maximum.”

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Will the right hon. Gentleman give way?

[Mr Straw]

If the hon. Gentleman will first allow me to make this point, I shall give way.

The Library alerted me to what Asquith said in February 1911, and so I asked for the whole of the speech, which I have here. As the information from the Library and Blackburn both show, Asquith was talking about the idea that a Parliament would normally last for four years. There is not a word in Asquith’s opening speech on the Second Reading of the Parliament Bill along the lines that the right hon. Gentleman who is now leader of the Liberal Democrats tried to tell us that there was. He should not busk on these points. Asquith said that the Act would lead to a normal length of four years and that was what he meant. Overall, as my hon. Friend the Member for Rhondda (Chris Bryant) has pointed out, that has been the average length of a Parliament.

--- Later in debate ---

[Mr Straw]

Of course I do, and I accept the admonition.

[Alec Shelbrooke]

I have listened to the right hon. Gentleman’s arguments. I am a newly elected Member, and I have spent a great number of years as a prospective parliamentary candidate wondering when the election would be. All I hear from him now is excuses why we should have Parliaments of four years, although it suited his Government rather well to have Parliaments of five years. Is this just about trying to get an election as quickly as possible?

[Mr Straw]

I have long been in favour of fixed terms. I could dig out correspondence I had with Margaret Thatcher in 1983 about fixed terms. The Labour party committed itself to fixed terms in the 1992 election. What typically happens—this is why I welcome the measure and why I wanted that commitment in our manifesto—is that parties in opposition that are in favour of fixed terms go off the boil on them when they come into government. As someone who was a PPC on a number of occasions before coming an MP, I know that the speculation is difficult. It is important to have some certainty and that is why we are not opposing the Bill on Second Reading. I hope that the Deputy Prime Minister will use the time available to get things right, not least on whether terms should be for four years or five.

--- Later in debate ---

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I will endeavour to complete my speech within eight minutes, Madam Deputy Speaker. I am glad that you called me at this point, because interventions on the matters that I wish to discuss were beginning to creep in, and it would have been a shame if I could not have made my speech because my points had already been made.

A major advantage of fixed-term Parliaments is that they bring stability to the country and the markets by informing them of what a Government’s legislation will be, and of whether they can steer it through without the threat of a general election that might change both the governing body and its legislation. The issue goes further than the House. I hope that the Ministers will note my comments, and will bear them in mind during the Bill’s subsequent stages. There have been encouraging signs today that the Deputy Prime Minister is paying attention to the debate and is willing to make some changes.

A relevant consideration is the way in which we approach council elections. The Government are keen to put more power into the hands of local government. I believe that local government suffers as a result of elections that are too regular, and that therefore provide for short-term governance. Currently, there are votes at least twice every four years for 76 two-tier councils and 20 unitary authorities, and there are 36 metropolitan authorities with four-year terms elected by thirds. I plead with the Minister to take on board my plea that councils should be told, “Although you have the option to move to all-out elections every four years, we want to legislate for you to do that.”

I hope that elections for police commissioners could be held at the same time. As has often been said, a local election tends to be seen as a referendum on the Government of the day. Holding both elections on the same day might save money for the public; moreover, any referendum on government would take place locally and the arguments for the police commissioner would take place independently. People may have different opinions, but we are in this place to debate issues.

[Andrew Percy (Brigg and Goole) (Con)]

My hon. Friend may be suggesting something similar to mid-term elections, but one of the problems with the Bill is that it proposes a five-year cycle. If we are to opt for the system suggested by my hon. Friend, we really need a four-year Parliament with the council elections two years in, and unfortunately the Bill will not give us that.

[Alec Shelbrooke]

I was going to raise that point later in my speech and say that it was a matter for further debate, but I take my hon. Friend’s point very seriously.

One of the problems of annual council elections is that they lead to short-termism. One councillor has said:

“We have try to engage our electorate throughout the year. Every month we get out on the streets to remind them of the work we are doing. We want them to remember our work when they go to vote in May.”

The first couple of sentences are laudable—indeed, I hope that everyone will do as the councillor suggests—but surely people should behave in that way as a matter of course, not just because they face elections in May.

In my city of Leeds, councillors are elected annually for four-year terms by thirds. Each election costs council tax payers £600,000. The introduction of a system of all-out four-yearly elections would save them at least £1.2 million. Leeds is one of five unitary authorities that make up West Yorkshire. According to a recent figure issued by the West Yorkshire electoral offices, the cost of an election for police commissioners could be as high as £1.5 million. That sum could be almost recouped if just one of those authorities was included in the election.

[Ms Louise Bagshawe (Corby) (Con)]

My hon. Friend is making some interesting and valid points. Does he agree that the Government’s stated aim of cutting the cost of politics would be greatly served if we simplified council elections in the way that he suggests? Would not the savings be considerable?

[Alec Shelbrooke]

I entirely agree. Let me add that the turnout figures for the local elections in Leeds since 2003—30%, 42%—

[Madam Deputy Speaker]

Order. We are not discussing local elections; we are discussing fixed-term Parliaments. I am sure that the hon. Gentleman is returning to that subject.

[Alec Shelbrooke]

I am grateful to you, Madam Deputy Speaker. We are discussing the advantages of a system of fixed-term Parliaments. I am arguing that it would not only save money and increase turnouts, but allow local councils to govern for the long term in conjunction with the Government. The problem now is that councils govern for the short term because there is an election every 12 months, and are always seeking the political advantage rather than thinking about what needs to be done over the long term.

[Maria Eagle]

I am striving to understand whether or not the hon. Gentleman is in favour of fixed-term Parliaments. I hear what he says about councils, but what does he think about the Bill?

[Alec Shelbrooke]

I was about to end my speech, but perhaps I can put the hon. Lady’s mind at rest by telling her that I am in favour of fixed-term Parliaments, and that I will vote with the Government this evening. I am trying to explain how I think we should be governing. I hope that my points will be taken beyond Westminster and considered at local level, because I believe that if Government are to govern for the long term—and I am in favour of fixed-term Parliaments because they will remove instability—local government will benefit from the powers that we want to pass down to it, by enabling authorities to govern for the long term as well rather than having their eye on annual elections.. Otherwise, by the time a deal has been hatched they will not have even one year of governance. They will probably have a maximum of three months before starting the next electoral process.

Thank you for indulging me, Madam Deputy Speaker. I hope that the Minister will deal with my comments when he winds up the debate.

--- Later in debate ---

[Jacob Rees-Mogg (North East Somerset) (Con)]

May I begin by congratulating my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) on his excellent maiden speech? I agreed with every bit of it other than, I am afraid to say, his conclusion.

There are three things that I would like to look at briefly: first, the broad constitutional issues; then some of the detail of the debate; finally, the process. I hope that I can do that in the time allowed.

On the broad constitutional issue, I think that fixed-term Parliaments are a mistake. It is unfortunate to undermine a constitutional monarchy. A constitutional monarchy needs to preserve some role for the sovereign within it—some purpose in having that final arbiter of the system that is above and beyond politics. I am very nervous about giving that role to the Speaker, as this Bill proposes, because, first, it is a bad idea to have a Head of State and a quasi-Head of State—one is quite enough for me, and a hereditary Head of State, which we have had for the best part of 1,000 years, seems a pretty good one to have. Such an approach would also bring the Speaker, who will not be advised by the Prime Minister in this area, into the murky part of party politics. There is a risk that the Speaker could give his certificate for a general election—the most important part of our democratic process—as a matter of political controversy, and that cannot be wise. Let us consider the recent discussion on whether or not something is a money Bill, because that is already putting the Speaker in the political spotlight. A money Bill is an obscure procedural measure, whereas a general election is at the heart of everything that we do. So bringing the Speaker, you, Mr Deputy Speaker, and your colleagues into this murky business will be a mistake.

That leads to the issue of where the courts come in—a matter that has been discussed in this debate. I am not a lawyer, but I can say that the thing to bear in mind about Bradlaugh’s case is that the House of Lords ruled that it should not intervene in the procedure of the House of Commons, because at that point the highest court in the land was, of course, one of the Houses of Parliament. That is no longer the case, and with the Supreme Court outside Parliament, the constraint does not apply, so the courts may be willing to be more enthusiastic in their interpretation of statute than they were when the House of Lords was our supreme court. Those are the broad constitutional issues that give rise to concern.

We must then consider the Bill itself and what it contains. The problem with the Bill is that perhaps the best reason for voting for it is that it is pointless. The Whips have certain powers, authority and wise influence that they bring to bear and they could say to me and to other hon. Members that it might be best if we were absent when another hon. Member had tabled a motion of no confidence—they might suggest that we went on a nice trip, to the Seychelles or some such place. That motion would then pass, the Speaker would have no choice but to issue his certificate and, hey presto, we would have a general election at the time of the Prime Minister’s choosing. That is a rather foolish approach to legislation.

I doubt whether the 65% hurdle would ever come into effect, but it would be objectionable if it did get into law because it would set a requirement for more than a simple majority, for the first time in the history of this Parliament. That would be a procedural mistake; one vote ought always to be enough. It would also require a percentage of 66 and two thirds of those who are available to vote—not of those who actually vote. Interestingly, a Government who are introducing that into legislation are reluctant, so I hear, to have a turnout threshold in a referendum on the alternative vote. One may see some implicit contradiction in those two suggestions. So, the Bill is rather a hollow shell.

[Alec Shelbrooke]

Will my hon. Friend give way?

[Jacob Rees-Mogg]

It would be an honour.

[Alec Shelbrooke]

I want to pick up on that point about the alternative vote and what the hon. Member for Perth and North Perthshire (Pete Wishart) said about spoiled ballots in Scotland. Does this not further the case that a first-past-the-post election is by far the most effective?

[Jacob Rees-Mogg]

I am in entire agreement with my hon. Friend, and I am glad that he did not take us back to the local elections in Leeds—I thought that we were at risk of that.

I come to the process of the Bill and how we have reached this point. How did we come to consider a fixed-term Parliament? I am not aware that many of my hon. Friends put this proposal in their election addresses—they may have done if they were Liberal Democrats, but not if they were Conservative. It is not a Conservative proposal in any sense. It got into the coalition agreement late at night, in what would have been a smoke-filled room had not the previous Government banned smoking in office spaces. This therefore took place in a smoke-free environment—a healthy and politically correct room—and late at night it was decided that it would be a good idea to shore up the coalition for five years.

The political arguments for this Bill are first class, but it changes the constitution—a constitution that has evolved. Pitt the Elder, a Whig Prime Minister—it is always nice in the spirit of coalition to quote the Whigs—talked of the “genius of the constitution”. Let us invoke that genius, which has let our constitutional processes evolve and develop. This has not been done because the coalition needed some quick fix to make sure that the next election would clash with elections in Scotland and Wales—that is, of course, an inadvertent result of what has happened. The coalition did not come to this agreement with the possibility of extending the life of a Parliament beyond five years. I am sure that all hon. Members have read the note from the Library pointing out that this legislation will not be subject to the Parliament Act if the other place disagrees, because it extends the life of a Parliament by another two months should the Prime Minister, by order, so wish to do. This is an accidental Bill, thought up in the late hours of the night. It takes away that wonderful flexibility that our constitution has had to meet the needs of circumstances and to evolve.

One way in which the constitution was beginning to evolve, which the electorate seemed to want, was that a Prime Minister’s resignation part way through a Parliament should lead to a general election. When I knocked on doors in my constituency, people did not tell me that they wanted fixed-term Parliaments, the alternative vote or any of that. However, they did ask who had voted for the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown). People in North East Somerset of course knew his constituency, because they are a knowledgeable lot. They asked who had elected him to be Prime Minister. Although the constitution is clear that we can change Prime Minister as often as Her Majesty sees fit, the mood of the country is for that constitutional evolution. That is how our constitution works and how it has done for hundreds of years—at least since the Glorious Revolution. Let us hope that it continues to work like that and that this Bill is amended on the Floor of the House out of all recognition.

Political and Constitutional Reform

Alec Shelbrooke Excerpts

Monday 5th July 2010 Commons Chamber

[The Deputy Prime Minister]

We have been very clear in the coalition agreement that we want to see the introduction of a Bill for fixed-term Parliaments in which exceptional elections will be just that, and so that we will never again be subjected to the pantomime of 2007, when the Government of this country were paralysed by the Prime Minister’s dithering and indecision on whether or not to call an election. The Liberal Democrats and Conservatives have finally put an end to that.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Will the Deputy Prime Minister confirm that with an approximate 8% reduction in the number of MPs, there will also be at least an 8% reduction in the ridiculously high administrative costs of the Independent Parliamentary Standards Authority?

[The Deputy Prime Minister]

IPSA, as the hon. Gentleman knows, is entirely independent.

G8 and G20 Summits

Alec Shelbrooke Excerpts

Monday 28th June 2010 Commons Chamber

[The Prime Minister]

I did not meet the President-elect; I did meet the current President, President Uribe, who was at the G8 session on tackling corruption and the drugs trade, where there was a presentation from him and I had a conversation with him. I will take away the points that the hon. Gentleman makes and reflect on them when I have the conversation—I am sure that I will—with the President when he is not just the President-elect but the President.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Did the Prime Minister find time during the G20 summit to speak to the leaders of Russia and China about the ongoing diplomatic issues with Iran? May I urge him to work closely with those traditional allies of Iran to ensure that we try not to go anywhere near the military action that some hawkish nations want?

[The Prime Minister]

I had very positive meetings with President Hu of China and President Medvedev of Russia. We discussed, particularly in the Russian meeting at quite some length, the Iranian situation. It is encouraging that the Russians have voted for the sanctions resolution in the UN—resolution 1929—and it is important to show a united face to the Iranians about the unacceptability of their acquiring a nuclear weapon. The point is that nobody wants military action, by Israel or anyone else, to take place, and that is all the more reason for taking the sanctions route and trying to maximise the pressure and change the balance for Iran, to raise the costs for it of having a nuclear weapon. That is what this is all about.

European Council

Alec Shelbrooke Excerpts

Monday 21st June 2010 Commons Chamber

[The Prime Minister]

I do not want to sound uncharitable, but I remember that the last Conservative Government negotiated the opt-out from the single currency that gave us the ability to stay out of the single currency, and I pay tribute to my right hon. Friend the Foreign Secretary, who, in difficult circumstances, made the argument against the single currency. What I remember, when the hon. Gentleman was sitting on the Government Benches rather than on the Opposition Benches, is the then Government wasted about £30 million on preparations for joining the euro. I could have given them that advice for free: do not join it.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

May I congratulate the Prime Minister on showing some leadership in Europe once more—Britain is grateful—and will he confirm to the House and the public at large that, having drawn red lines in the sand on our position in this country, he will never give them up just to further his own career after the House?

[The Prime Minister]

Yes, I can confirm—[Interruption.]