Dissolution and Calling of Parliament Bill

Debate between Anthony Mangnall and Cat Smith

2nd reading
Tuesday 6th July 2021 Commons Chamber

[Cat Smith]

I find it difficult to disagree with my hon. Friend. Indeed, the points that he has made, not just in that intervention but in earlier interventions on the Minister, have raised some important questions that I hope the House will consider. I am grateful that the Bill will be considered in Committee of the whole House and that we will have the advantage of my hon. Friend’s insights at that stage, as well as his contribution in the Joint Committee.

There is no way that this legislation would be before us this afternoon if it did not provide an electoral advantage. When Governments decide when elections happen, there is absolutely no doubt that it can be played to their advantage. As has already been made clear, the Government can call an election before bad news is about to be delivered, or if they feel that their Opposition are in disarray. Professor Petra Schleiter from Oxford University did a comparative study of 27 western and European democracies and found that when governing parties had the power to control when elections happened, they gained, on average, a 5% electoral advantage. Those of us who live and breathe politics will understand that that is the difference between forming a Government and falling out of government. That is why I would argue that it is anti-democratic to allows all the power to lie in the hands of one individual.

[Anthony Mangnall (Totnes) (Con)]

I am sorry to interrupt the hon. Lady, but that argument is somewhat of a straw house of an argument, because that could still be used at the end of a five-year parliamentary term if the Government stacked their legislative programme to be so in the interests of their constituent base that they would win anyway. So I am not entirely sure that her argument holds water, because either way, the Government of the day, whatever their colour, are able to do whatever they want in legislative terms that is most beneficial to their constituents.

[Cat Smith]

I suppose the difference is that when there is a five-year Parliament and all the parties know when the election is happening, there is a level playing field, unlike when a Government can call a general election unexpectedly if the advantage lies entirely with the governing party and not with any of the Opposition parties. The Bill therefore skews power towards the Executive and towards incumbent governing parties. It also gives Prime Ministers the power to haggle with Parliament by threatening early Dissolution and early elections. I would also argue that the Fixed-term Parliaments Act—although it is flawed and I certainly support its repeal—puts us more in line with other democracies that constrain the power of Prime Ministers.

Turning to the monarch and the attempt to restore the royal prerogative with legislation, if the Crown is left as the only check on untimely requests for Dissolution, that would inevitably draw the Crown into controversy if such requests were refused. Perhaps the Minister will shed some light on that in her closing remarks, but I struggle to see the circumstances in which a sovereign might decline a request for an election. I would argue that the most effective way of avoiding such a constitutional crisis would be to leave decisions on Dissolution to Parliament, which is the right place for what is a quintessentially political decision. The House of Lords Constitution Committee said when it published its report on the Fixed-term Parliaments Act in September:

“Reform of the Fixed-term Parliaments Act must keep the Queen out of politics.”

I sincerely agree with that. The Government’s proposal that the monarch should be the only check on a questionable request for Dissolution inevitably risks dragging the monarch into politics. I argue that the easiest way out of such a situation would be a parliamentary vote on Dissolution, which would protect the monarch from being dragged into politics.