Fixed-term Parliaments Bill

Anne McGuire Excerpts

Tuesday 16th November 2010 Commons Chamber

[Mr Shepherd]

What a trivial point, but I thought I had said the 19th century. I stand corrected if I did not, and I am sorry if I misinformed the Committee. [Interruption.] No, I do not think I was quoting at that point. [Interruption.] I said the 19th century, I think. I am well aware of that fact; it was part of my own training.

The central issue, however, is the legitimacy of Governments and the determination of what is the right period for enabling the people to have a view, and control, over the Crown as represented by the Government in this place.

[Mrs Anne McGuire (Stirling) (Lab)]

I apologise for interrupting the hon. Gentleman. I can see from his face that he is not particularly happy about it. However, may I ask him to make his position clear? Does he feel that there should still be flexibility in the calling of elections, or does he support a four-year term? I am a little confused as to where he is taking his argument.

--- Later in debate ---

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

I shall make a short contribution. I have a great deal of sympathy with the amendment tabled by the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) for a four-year term. I am not quite so enamoured with the idea of three years, and I shall say something about that in a moment.

However, I could not agree with the manner and the tone of some of the contributions in the past hour or two from the Opposition Benches. Silly comments about Con-Dem Governments, political posturing and so on are not helpful to an important debate about the constitution of this country. I do not believe for one moment that any kind of dodgy, underhand dealing is going on.

[Mrs McGuire]

If the hon. Gentleman repudiates that intention, why was there no attempt to reach a cross-party consensus on a major constitutional Bill?

[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.

--- Later in debate ---

[Chris Bryant]

You are telling me to deal with one Parliament at a time, Ms Primarolo, and I rather agree.

I have to say that I probably agree with the hon. Gentleman. However, that would require treaty change, and I do not know whether we would then end up with a referendum, which would be very difficult for the Government.

[Mrs McGuire]

I may have misheard my hon. Friend, but I do not think he included the Parliament of ’74 to ’79, which also had a change of Prime Minister when Harold Wilson handed over to James Callaghan. Even adding in that Parliament, only six out of 16 Parliaments since the second world war ran for five years.

[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.

--- Later in debate ---

[Mrs Laing]

I appreciate that the hon. Gentleman cannot see that, but I have said that I can see it. It is a perfectly proper constitutional principle that a Parliament should sit for five years. Now I am putting the practical side of the argument, which is that in the political and economic situation in which we find ourselves—as a result of the mismanagement of our country’s economy and social policy for 13 years by a bad, Labour Government, who did the people of the United Kingdom no favours whatever—it will take more than just two or three years to put this country back on its feet. Therefore, we should have a five-year term. It is what the people of our country need; it is what we as parliamentarians have a duty, in the name of stability, to give the people.

[Mrs McGuire]

Thank you for calling me, Miss Begg. It is a great pleasure to see you in your place today.

I congratulate the hon. Member for Epping Forest (Mrs Laing) on her dynamic speech. She has always been a participant in constitutional debates. We have often not seen eye to eye, and, frankly, I am not sure that we are going to change that this evening. However, she spoke with her usual vigour, vim and—in her way—logic. For those who do not know, she and I have always had an issue with some Members of this House who could never pronounce her name properly—that is, as we pronounce it in Scotland. I know that I am not allowed to mention names, but I am sure that she knows what I am talking about. [Hon. Members: “Go on!”] In Scotland, we would pronounce the hon. Lady’s name “Lang”. I will leave hon. Members to work out the difference, because, without usurping the Chair, Miss Begg, we would normally—[Interruption.] No, sorry, we would say “Layng”, not “Lang”. After 13 years down here, I have almost gone native.

I would like first to comment on one or two other previous speeches in this debate. There have been some powerful contributions to this debate. On the principle of the four-year term, although I did not agree with the analysis on three years put forward by my hon. Friend the Member for Great Grimsby (Austin Mitchell), he and the hon. Member for Aldridge-Brownhills (Mr Shepherd) made telling statements about re-energising our democracy at regular intervals. Frankly, it is arrogant of us in this House to assume that we should not go out there and re-energise our democracy at reasonable times. I am not convinced that five years is the right period to re-energise our democracy. Indeed, the dynamic of the British political infrastructure is built around four-year terms. The hon. Member for Epping Forest assumed that somehow Parliament was in a different position from the other elements of our democratic infrastructure, but I do not think that we are, in that they are underpinned by the same principle that if someone is elected by the people, then every so often, after a reasonable interlude, they should have to regain that mandate.

As an aside, the hon. Member for Epping Forest is a fantastic successor to Sir Patrick Cormack—I hope that she will take that as a compliment—in that she says the word “Parliament” with such gusto and conviction. Her articulation—I think that is the word—of the word “Parliament” brought back fond memories of Sir Patrick.

There is a dynamic in the British parliamentary system. There is also a logic to the four-year term, which has been built up over many years, yet the one thing that has been missing from the Government’s case in proposing five years is logic. There is absolutely no logic to their case, although the hon. Lady’s honesty perhaps got us closer than anybody else on the Government Benches was prepared to admit. This is not about logic or principle; this is about sheer political expediency. The current Government tell us that their activities in managing the economy will deal with the deficit in four years, so why are they afraid to go back to the electorate in four years? Why do they need to extend this Parliament for an extra year? Some elements of the coalition Government are in a lifeboat, waiting for the general election of 2015—a political equivalent of the Carpathia—to come by and lift them out of the seas in which they find themselves. That is the only reason for proposing a five-year term.

It is preposterous to introduce a five-year element into a well established cycle of elections every four years. It is almost like the Olympics: if we can divide the year by two, then it should be an election year. Every other democracy that we have highlighted today has gone down the road of four years—in the case of the American Senate, the division is by two. We have a well established political infrastructure in this country.

[Graham Stringer]

My right hon. Friend is making a powerful case for shorter periods between general elections, but when it comes to a coalition, is there not an even stronger democratic argument for shorter periods? By necessity, the policies of a coalition will have been opaque to the electorate at the last general election. Therefore, a coalition Government should go back to the people more often.

[Mrs McGuire]

I thoroughly agree with my hon. Friend. We now have a different kind of Government. Had the numbers been slightly different, we might have been in a similar position—that is, in a coalition. However, I cannot imagine that one of our first Bills would have been to extend the life of that Parliament and put a statutory limit—not a flexible limit—on the length of our term, although some of my colleagues have asked why we did not think of the idea first, when we had a majority of 164 in 1997. Hindsight is a great thing.

As for the length of Parliaments, I want to offer my hon. Friend the Member for Rhondda (Chris Bryant) an apology, because he was right when he said that there were three Parliaments that ran in excess of five years. There were three others—I have just added up the years; I did not have the benefit of the chart—that effectively ran for five years. However, I hope that he will accept that, taken together, it has been unusual to go beyond four years.

There has been a strong element of honesty—certainly from this side of the Committee—about what happens in the fifth year of a Government. We have to be realistic about the dynamism and energy of a Government in their fifth year. I remember coming into the House in 1997 and hearing then Opposition Members—some of whom are now members of the Government—say that the fifth year of any Parliament is often the one in which the Government are tired and running out of steam. You might remember hearing similar comments, Miss Begg. I do not think that creating fixed Parliaments of five years will change that dynamic of politics. Four years is the time it takes a Government to put a programme in place and to deal with the major issues that it came to power to deal with.

--- Later in debate ---

[Ms Bagshawe]

Opposition Members return again and again to the same inexplicable argument. Will the right hon. Lady explain how the Government are seeking to extend the life of this Parliament when my right hon. Friend the Prime Minister may call an election on the very last day of the five years should he choose to do so without introducing any legislation whatever?

[Mrs McGuire]

There is a distinct difference between the flexibility in the constitution now, and a law that says that this Parliament cannot, without jumping over various hurdles and achieving various percentages, call a general election before the end of that statutory period. That is the fundamental divide in the Committee.

I return to the practical point of whether we should have general elections at the same time as other elements of our democratic society have their elections. The integrity of other elements of our democratic infrastructure should be protected. Frankly, the Westminster attitude that everyone else should change is not compelling, and is insulting to the tens of thousands of people who are involved in all sorts of political activity at local government level, and indeed at Assembly and parliamentary level. This Parliament established the Assemblies and devolved Parliament. We should keep faith with them and recognise that they have the right to pursue their own democratic mandate without our overlaying our election by statute and no longer as a matter of flexibility or choice.

Holding those elections on the same day will cause major difficulties, even if that occurs every so many years. We are discussing different systems for not just two of those elements, but for three or four. We could have the alternative vote system if in the referendum, whenever it is held, the people accept it for this Parliament. We have first past the post for the Scottish Parliament and the Welsh Assembly, and over and above that, as my hon. Friend the Member for Rhondda said, a third and yet another system is the regional list vote. The issue is not that the people of the various countries of the United Kingdom may be unable to discern the different political arguments that might be made; complexity will be added to our democracy when we want to encourage more people to be involved in democracy. We are in danger of putting them off by saying, “This is how you must vote in this election, this is the way on that election, and this is the way on the second vote.”

On a practical point, we may pass legislation in the House, but it has to be implemented. Let us imagine the difficulty that returning officers will face in the first and subsequent elections when they conflict with those elements of our electoral system. We are asking returning officers and all the staff who make sure that our democracy works to do almost the impossible. Although there have been debates on why 140,000 ballot papers were spoiled at the last Scottish Parliament elections, it is fair to say that the response from returning officers and their staff was that holding different elections on the same day with complex voting systems did not help matters, albeit that there were issues with the ballot paper.

What worries me particularly about how the legislation has been introduced is that when challenged, the Deputy Prime Minister’s answer was that the date of the other elections should be changed. That is arrogant, and underpins the content of the Bill and the speed with which it is being steamrollered through the House and the other place. The hon. Member for Aldridge-Brownhills argued powerfully about constitutional change, and he will recognise that if such change has to happen, it should do so with consensus throughout the House. Constitutional change should happen because all political parties recognise the need for it. What we have here is a unilateral decision by a coalition Government who did not highlight five-year terms in their manifestos.

[Mr Sanders]

We did.

[Mrs McGuire]

I may be wrong, but I think that was four years, not five.

[Mr Sanders]

Four years, fixed term.

[Mrs McGuire]

Trust the Liberals to get involved in semantics. Everyone else knew what I was talking about.

I suggest to the Minister that there is general good will in the House for fixed-term Parliaments, fixed-term elections, or whatever phraseology we want to use to describe what we all know we are talking about. There is consensus on that principle, but the Government must decide whether they will listen to the voice not just of political opponents, but of people who want that constitutional change. It is not a long way to travel to recognise major constitutional and practical problems with the date that they have chosen, and with the five-year term in principle. A coalition is also about listening to people outside the coalition, and I hope that the Government will yet come forward with a change to the Bill so that the House can agree on fixed-term elections in a way that allows us all to move forward without making it an issue of acrimony between parties.

[Thomas Docherty]

I welcome you to the Chair, Miss Begg. As I sat here this afternoon and this evening, I saw my hon. Friend the Member for Foyle (Mark Durkan), my right hon. Friend the Member for Tooting (Sadiq Khan), my hon. Friend the Member for Rhondda (Chris Bryant) and hon. Members on the Government Benches, and I had a feeling of déjà vu. I felt that we had been here quite recently, and it occurred to me that that was so.

We had a debate in Committee just three weeks ago—[Interruption.] As the hon. Member for Foyle said, it was to discuss a Bill with a different title, but one that also sought to change our parliamentary system. There are perhaps only two reasons why the Government did not amalgamate them in a single Bill. First, this is a back-of-a-fag-packet rushed job that they have pulled together, but they could not get their civil servants to work fast enough for the Deputy Prime Minister. I note that he is not here tonight, and I can only assume that after his 70-minute contribution to our eight hours of debate on the other Bill he is exhausted. I am sure that Opposition Members wish him all the best in his recovery from that exhaustion. The second reason could be that the Minister so enjoys spending time on Bills that he has been bouncing around all week in eager anticipation of listening to me and my hon. Friend the Member for Rhondda giving him an interesting lecture on constitutional history. Without further ado, I will indulge not that fetish, but that fantasy.

I was lucky enough to go on the visit by the all-party British-American parliamentary group to the United States some two months ago, and spent a lot of time studying the US constitution, and especially its constitutional convention, which is particularly apt given the comments by the hon. Member for Aldridge-Brownhills (Mr Shepherd) about interesting parallels between our parliamentary system and that of our colonial cousins across the water. I have to confess to being something of an anorak in these matters. In fact, I have been described as the Leonard to my hon. Friend the Member for Rhondda’s Sheldon when it comes to the constitutional process.

I should like to recommend to the Committee an excellent book by Professor Robert Beeman called “Plain, Honest Men: the making of the American constitution”, which I would be happy to lend to the Minister and to the Deputy Leader of the House if they would like to study it. They might be interested to know that when the Americans came to draw up their constitution and were considering the lengths of terms of office and the roles of the upper and lower Houses and of the Executive, they held a four-month constitutional convention in 1789. They brought together some of the great minds of the day, including Benjamin Franklin, George Washington, James Madison, Alexander Hamilton and one James Wilson, who was a native of Fife and educated at St Andrew’s university, and who emigrated to the colonies in the 1750s. They spent four months debating those matters, and only at the end of that time, after a proper detailed debate, did they deign to bring forward detailed proposals for their terms of office, fixed terms and so on.

--- Later in debate ---

[Sheila Gilmore]

I accept the hon. Lady’s point that the Minister cannot take part in the debate, but I have not observed a great deal of discussion in the wider press, here or in Scotland, to which he has contributed.

The point that I was making, however, is that many Government Members have no practical experience of the position that obtained in 2007. I think that Government Members are inclined to make light of it and to imagine that we are stirring up a storm in a teacup over something that did not really matter, but it was important. It was a bad day for democracy when so many things went wrong with that combined election. Yes, it did have something to do with the design of the forms; I am not going to say that it did not, for the design did not help. However, the real issue in that context, which was addressed after 2007, was the decoupling of the local government and Scottish Government elections, with an arrangement to ensure that that would not happen again. It seems odd to voters in Scotland, and certainly to political activists there, that we are not just returning to the position in which we found ourselves in 2007, but, I would argue, putting ourselves in a considerably worse position.

Although this will not simply be a matter of practicalities, I should like to draw attention to some of the practicalities of which Government Members may not be aware. The boundaries relating to the Scottish Parliament and the Westminster constituencies are now very different. They have moved apart because the number of Scottish constituencies represented here was reduced in 2005. The Scottish Parliament boundaries have been changed very recently. Their size has not been reduced and the numbers have not changed, but there has been a substantial redrawing which, in most cases, has moved them even further from the Westminster boundaries. There are some very strange boundaries, making it difficult for people to understand who represents them and what constituency they are in.

People who live in the southernmost part of the constituency of my hon. Friend the Member for Edinburgh South (Ian Murray) for Westminster purposes will be in Edinburgh Eastern for the purposes of the Scottish parliamentary elections next year. Given that they live in the far south of Edinburgh, they find it quite difficult to fathom why they have effectively been transported to a different part of the city. That will cause not just a potential for electoral confusion, but serious practical problems relating to the organisation of the elections.

Even more important is the blurring and confusing of the real political differences that have emerged since devolution. I am sure that the same applies to Wales, although I probably do not know enough about its politics or history. No doubt my colleagues will rush to enlighten me. Our politics in Scotland, however, have developed very differently. Not many of the political parties represented in the Scottish Parliament take the lines adopted by the coalition Government here.

For instance, the coalition Government have decided that they want to stop funding the building of affordable housing through grants—I assure you that this point is relevant to the debate, Miss Begg—and instead to fund it by raising rents, which means that tenants will pay for the building of their new homes. I am absolutely positive that no party represented in the Scottish Parliament, even the Conservative party, will espouse such a position in Scotland through the Parliament. In the past—although the situation may change—all the parties in the Scottish Parliament have signed up to free personal care for the elderly. At that time a different view was taken at Westminster, and a different view was taken by my party and by others. However, although some might find it surprising, the Conservatives in Scotland have signed up to that policy in the past.

[Mrs McGuire]

In a radio programme that I heard on Friday, a leading member of the Liberal Democrat party in the Scottish Parliament said that in no circumstances would the Liberal Democrats introduce tuition fees. Has my hon. Friend any idea how we could conduct a debate about tuition fees—given the position of one of the partners in the coalition Government, the Liberal Democrat party—while also trying to conduct a debate about funds for students in Scotland, with all that happening at the same time as the two elections?

--- Later in debate ---

[Sheila Gilmore]

I thank my hon. Friend for that information, and I do not think that Government Members appreciate that aspect. What we are talking about is not a local government election that we might be facing next year or in 2015. The elections we are talking about are not less important than general elections for people in Scotland, because people in Scotland consider the Scottish Government to be the Government of the country for the purposes for which they have powers. They are a Government: they have a First Minister, a Cabinet and a national aspect in the sense that they are the Government in a Parliament that covers the part of the UK that is Scotland. I am not trying to ignore Wales or Northern Ireland at all in this, and the same principles apply to them.

If we respect what we have achieved through devolution, it is important that we do not allow that to be swamped. We have those different debates and policies, and people have their chance to vote differently, which they do—I am not for a minute going to suggest that people will not vote differently on the same day, because I know that that can happen. The genuine ability to separate out these areas of politics and to allow each legislature its real place and presence within our constitution is simply being ignored by these measures. As I have said, it seems to me that there is no reason for that.

[Mrs McGuire]

My hon. Friend is making a powerful argument on the practical issues. Has she also had time to consider how the broadcasting authorities will maintain some element of balance, as they will have to schedule programmes for two different elections with two different political dynamics—with different parties being in different positions in different parts of the country? Are we not placing an impossible burden on those whom we are asking to implement the legislation currently going through the House?

[Sheila Gilmore]

I agree with my right hon. Friend. Yet again, that is another aspect of a situation that we are creating. Apparently—the hon. Member for Epping Forest (Mrs Laing) let the cat out of the bag—this is being done not for any good and strong constitutional reason or because we can argue about the history of the past 200 years, but because it suits this coalition Government to have this Parliament last for five years. It suits them to have this provision wrapped up with the other parts of the Bill, which will be debated later, to try to ensure that the coalition holds together. This is being wrapped up as a constitutional Bill and it is being presented as something that will last into the future but, given our constitution, it is possible for a future Parliament to change that, so we are not entrenching things.