Fixed-term Parliaments Bill

Baroness Boothroyd Excerpts

Tuesday 10th May 2011 Lords Chamber

[Lord Howarth of Newport]

My Lords, I congratulate the noble Lord, Lord Pannick, and his hugely distinguished co-signatories, on the amendment. It is elegant, precise, effective and clever. I am very attracted to it, because I take the view that the principle of fixed-term Parliaments is misguided. The more I have listened to debates on the subject in your Lordships' House, the more convinced I have become that the course on which the Government have set themselves is ill judged and will be damaging. Fixed-term Parliaments are anti-democratic and reduce accountability. Moreover, there is no evidence of public dissatisfaction with the state of affairs that we have. It is a good maxim in constitutional matters that if it ain't broke, don't fix it.

In this unelected second Chamber, we accept—often with reluctance—that we should not oppose the central purposes of government Bills and should not vote them down at Second Reading, particularly if they are sent to us after being endorsed by the elected Chamber. Therefore, this House has conducted itself with restraint and responsibility. The beauty of the amendment that the noble Lord moved is that it would allow the coalition to achieve its political purpose of providing an arrangement whereby the two parties are handcuffed together for the duration of this Parliament, giving themselves a five-year term or a very good chance of one. The noble Lord spoke of the possibility of the coalition ending in tears. It has already reached the stage of curses and maledictions such as I can rarely, if ever, recall in politics, but we cannot be certain that it will not totter through the full five-year term. However, it is not respectable for the coalition Government to hijack the constitution for their political convenience.

The amendment provides the opportunity for a subsequent Parliament to prevent the constitution being damaged in perpetuity. It would allow the next and subsequent Parliaments to reconsider the principle of a fixed term, or to reconsider particular features of the legislation such as whether four years or five years is the right length for a fixed term, or whether the two-thirds or 14-day provisions should be retained, in the light of the experience that by then we as a country shall have had, and not just in the light of preconceptions or deals put together for short-term political advantage. In that sense the amendment offers the possibility that the whole experience of this Parliament—here in both Houses of Parliament, and the experience in the country—would effectively provide an opportunity for pre-legislative scrutiny, because the opportunity would be provided for the legislation to be revisited and approved or not approved at the beginning of a subsequent Parliament. I think that the amendment would not permit future amendments to the legislation: it would either have to be accepted as a whole or rejected as a whole for the Parliament to come. However, I do not worry too much about that because, as I say, I am not in favour of fixed-term Parliaments and I am not sure that trying to patch the legislation would make it any more acceptable.

I do have a worry that it would be too tempting—too attractive—to an incoming Prime Minister armed with a good majority, or to a coalition which had patched together a majority, to seize the opportunity to assure themselves of another five-year term. That possibility would be fairly seductive. So I worry that the vote at the beginning of a Parliament which would be provided for by the legislation if it were amended as the noble Lord has proposed, would become like other ritual Motions which are passed in the opening Session of a Parliament. None the less, I think that this is an attractive and a good amendment. To me, it is preferable to the options that we have considered in the three previous debates this afternoon. I very much hope that the House will pass it.

[Baroness Boothroyd]

My Lords, this is the Bill’s first outing in this House since last week’s referendum, so I think we are entitled to take stock of the coalition’s position in the light of the electorate’s aversion to radical reform. Clearly, as the noble Lords, Lord Cormack and Lord Grocott, strongly said before we opened the Report stage today, the referendum casts fresh doubt on the wisdom of persisting with major constitutional measures that lack popular support. Ministers have changed tack on the timetable for this Bill before, and I suspect there would be few tears shed on the Conservative Benches if they took another look at it even at this late stage. However, we have to proceed and we have to deal with what is before us this afternoon.

I imply no criticism when I observe that the new politics that the coalition claimed to represent in its early days has lost a bit of its sheen. Ministers would be wise to take account of reasoned objections in this House to some of the Bill’s more doubtful features. It is in the light of this that I support and commend the amendment moved so ably by the noble Lord, Lord Pannick. The amendments in this group do not challenge the Government’s intention to hold the next election in May 2015 or 2014, whatever may finally be decided. Nor do they challenge the Government’s proposal to introduce legally binding procedures to make an early election unlikely. However, as currently written, this legislation goes much further than the lifetime of this Parliament in a way that I believe is unwise and unjustified. This legislation seeks to bind future Parliaments to the same legal restraints intended primarily for the lifetime of this coalition Government and this Parliament. These restraints are destined to last “henceforth” according to Mr Clegg, the Deputy Prime Minister.

I understand perfectly the coalition’s wish to serve for a fixed period of years, to tackle the current economic situation and to see that its programme is enacted. However, I reject the same imposition being placed on the freedom of action of future Parliaments, and this will be the situation without these amendments. Without them, the constitution is being blighted permanently and unnecessarily. The amendments allow future Parliaments to accept or reject the Bill’s provisions after every election as they see fit and to do so by means of a resolution of both Houses. Mr Clegg disagrees with me on this: we disagree on a number of things, but certainly on this. Last year, he described the Bill as,

“a constitutional innovation of significant proportions”.

He argued that it would be “bizarre” to confine it to one Parliament. These amendments do not propose that it should be left to one Parliament only. Importantly, they propose that future Parliaments should decide for themselves.

We know that countries with written constitutions have the kind of entrenched laws that the Deputy Prime Minister appears to want—but Britain is not one of those. The Government would do well to remember that. As far as I can recall, at the last election the country did not exactly clamour for fixed five-year Parliaments. If I interpret the public mood correctly—as did the noble Lords, Lord Grocott and Lord Cormack, with whom I entirely agree—people in this country want honest politics. They want good government and greater scrutiny of what Governments are doing in their name. They do not want an assortment of ill considered proposals to turn Parliament upside down to suit a political elite.

Your Lordships will not be surprised to know that I do not regard this legislation with great affection at all. In fact, I believe it is quite unnecessary. This House is charged with the responsibility and the role of examining legislation and scrutinising it. As a Member of this House, I reckon I have to make the best of what I think is a very bad job. The amendments before us today would preserve the freedom of future Parliaments to face their own challenges in their own way and in the circumstances of the time. I strongly support them and hope that many of your Lordships will do likewise.

[Lord Tyler]

The noble Lord, Lord Pannick, and his distinguished collaborators have, as ever, tabled very interesting, very seductive, amendments. I examined them with great care because I respect their expertise. Reluctantly, I believe the amendments are flawed. The purpose of the Bill is to do one very simple thing: to remove from the Prime Minister—the leader of a political party—and, by extension, from the governing party, the right to time elections for their own political convenience. I give credit to the present Prime Minister: he has been the first Prime Minister to accept the logic of that position.

Hitherto, Prime Ministers—leaders of political parties—have been able to look at the polls and see if they look good in order to be able to say yes to an early general election or no to postponing it. The Government’s objective is to remove that question of when elections should be held from routine partisan political advantage and its consideration. After all, that is already the case in local government; it is the case in the devolved Assemblies and Parliaments throughout the United Kingdom. This Parliament has insisted that that should be the case, and clearly that is right.

This Parliament has recognised in primary legislation time and again that elections are the mechanism by which political parties are held to account. It surely cannot be right, then, that any one party or collection of parties should be able to contrive to time the election for a moment which is propitious for their own advantage. That is the clear principle and objective of this Bill.

I invite your Lordships to look very carefully at Amendment 25 in this group. This would undermine the central objective of the Bill by setting up a routine for Governments to instruct their newly elected majorities in the Commons after 2015 as to whether they particularly fancied a fixed-term Parliament or not—for their own party advantage, not in the interests of good governance. There would be an immediate return to the worst feature of prime ministerial prerogative. If the Bill were amended, it would be not a fixed term but a semi-fixed term, subject to the machinations and inclinations of the Prime Minister and party leader of the day, the exact opposite of what the Bill seeks to achieve and what the other place has already voted to do. This Bill is already more flexible than some of us would like. I would favour a superglue fix in the fixed-term Parliament, without extensive opportunities for early Dissolutions, but I accept that a sensible middle way has been achieved.