Oral Answers to Questions

Debate between Chloe Smith and Aaron Bell

Wednesday 3rd May 2023 Commons Chamber

[Chloe Smith]

The hon. Lady is mischaracterising this very badly and in a way that does not help to command confidence in our shared mission to make science, innovation and technology the success that it needs to be for this country. She will have seen the presentation of my right hon. Friend the Chancellor at the Budget, which made it clear just how seriously we take science in this country, and that level of ambition will continue.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

Last month, Sir Patrick Vallance stepped down as the Government’s chief scientific adviser after five years in the role, in which Government investment in science has doubled. Most of all, he became a household name through his handling of covid and the leadership that he showed then. Will the Secretary of State join me in thanking Sir Patrick for all his service to the country and in welcoming his successor, Dame Angela McLean, and wishing her all the best in the role?

Dissolution and Calling of Parliament Bill

Debate between Chloe Smith and Aaron Bell

Committee stage & 3rd reading
Monday 13th September 2021 Commons Chamber

[Chloe Smith]

In that case, Mr Evans, I am going to carry on until you tell me otherwise. There is an amount to get through, but I hope to do so.

The schedule provides for a number of changes to primary and secondary legislation to ensure the effective operation of the statute book when the 2011 Act is repealed. These amendments primarily reverse or alter legislative amendments made by the 2011 Act. The schedule works with clause 6. As I have explained, we want to make sure that references to the 2011 Act work elsewhere in other legislation. There are some key changes in the schedule to draw to the attention of the House.

The first is to rule 1 of schedule 1 to the Representation of the People Act 1983, which sets out the election timetable. The Bill amends that rule to ensure that the trigger for the election process in the case of a parliamentary general election is the Dissolution of Parliament, following the recommendation of the FTPA Joint Committee.

The second change provides additional certainty in relation to the election process. The election writ is deemed to have been received the day after the Dissolution of Parliament. This will allow returning officers to begin arrangements the day after the election writs are issued, enabling all constituencies to begin making the necessary preparations, even in the event that the physical delivery of the writ is delayed. Similar deeming amendments are included for by-elections.

The third update is to section 20 of the Representation of the People Act 1985. Under the existing legislation, in the event of the demise of the Crown after Dissolution or up to seven days before, polling day is postponed by a fortnight. The 1985 Act provides no discretion or flexibility to further alter the date of the poll. This Bill provides limited discretion for the Prime Minister to move polling day up to seven days either side of this default 14-day postponement, by proclamation on the advice of the Privy Council. This is beneficial because it ensures that enough flexibility is built into the system should such specific and unlikely circumstances ever occur. There is also flexibility to move the date set for the first meeting of Parliament in such circumstances—again, by proclamation on the advice of the Privy Council.

The last key change that I will highlight in this section is to the Recall of MPs Act 2015, which is amended to ensure that there continues to be provision to prevent or terminate recall petitions close to a general election to avoid redundant by-elections. This means that there is no requirement to trigger a recall petition if the last possible polling day for a general election, based on Parliament running its full term, is less than six months away, and a recall petition is to be terminated when Parliament is dissolved. For the reasons that I have set out, I recommend that the schedule be the schedule to the Bill.

If it remains convenient to you, Mr Evans, I will now start to work my way through the amendments that have been tabled, but I remain at your disposal to return to the clauses if hon. Members would like me to respond after they have spoken to their amendments.

New clause 2 has been tabled by the hon. Member for Rhondda (Chris Bryant). As I understand it, it seeks to provide a role for the House of Commons in approving an early general election by simple majority vote. This would adjust the arrangements that exist under the 2011 Act by removing the two-thirds majority requirement. It would in itself be a departure from the prior constitutional norm, whereby the Prime Minister could request an early Dissolution of Parliament in order to test the view of the electorate. As we have already begun to touch on in this afternoon’s debate, the deadlock and paralysis created by the 2011 Act did rather demonstrate why a prescriptive statutory approach does not work. Instead, what we are doing in the Bill is returning to a set of widely understood constitutional conventions and practices. Those tried and tested arrangements are the right ones, and this new clause would run against the grain of those arrangements.

It is, after all, a core underlying principle that the authority of the Government and the Prime Minister, as the sovereign’s principal adviser, are derived from the ability to command the confidence of the House of Commons. The 2011 Act attached confidence and the decision of the Prime Minister to call an election to statutory motions, which gave the Commons a direct say in Dissolution, but it is also possible to argue that those arrangements hindered the function of democracy by making it harder to have necessary elections. Instead, the House should indeed be able to express its view on confidence, but in a much freer manner. We do not need the prescriptive statutory approach of either the 2011 Act or, I fear, this new clause.

New clause 2(5) would require the Prime Minister to advise the sovereign on the date of the election within 30 days of the House approving a motion for an election. I would argue that this is not necessary. Under the Bill, once a general election has been called and Dissolution takes place, the election timetable in schedule 1 to the Representation of the People Act 1983 makes the provision for the timing of an election very clear. Again, rather than introducing prescriptive arrangements, we believe that we should return to tried and tested standards whereby it is a core principle that the Prime Minister must be able to command the confidence of the House of Commons. New measures around that concept are not needed.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

If a Prime Minister were to request a Dissolution that was proper but was perceived to be for political advantage and was premature, would not the remedy be in the hands and judgment of the electorate?

[Chloe Smith]

Yes, that is precisely the point, and that underlies a number of our considerations. In the place of a prescriptive statutory scheme, we can place our trust instead in the ability of people to choose against the behaviour that they observe from parties in Parliament.

Let me turn to new clause 5, which is also in the name of the hon. Member for Rhondda. It would require the House to start sitting 14 days after a general election. Although I agree that Parliament should meet as soon as possible after polling day, it is not necessary to codify that in legislation. Fundamentally, this is a similar type of argument. It is difficult to reconcile more extensive codification with the scheme of the Bill, and I shall set out the reasons why.

First, we think it is unnecessary to allow for such a 14-day period. Before and under the 2011 Act, the date of the first meeting of Parliament was set by the sovereign on the advice of the Prime Minister. In practice, Parliament has met within one to two weeks of a general election on all but two occasions since 1950. There are compelling practical reasons for a new Government to call a new Parliament as soon as possible. As I put it earlier, no Government can manage without supply. As the Joint Committee put it,

“without…the authorisation of the Commons to spend money…a modern administration could manage months at best”.

Ultimately, having won an election, any new Government would want to assemble Parliament to pass their Queen’s Speech at the earlier opportunity, and be able to move on to legislation and supply.

--- Later in debate ---

[Chloe Smith]

I will not give way to my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) again, if he will forgive me. I will give my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) a go.

[Aaron Bell]

My hon. Friend said a moment ago that she could not speak exactly for the AEA, but she will know from the open letter that it wrote to her that it wants even more time. It is proposing an extended 30-day timetable to

“increase capacity, introduce resilience and ensure electors are put first.”

That is all very well, but the point of an election is not to have the most perfect election imaginable, but to get the right result efficiently, so that everyone can cast their vote, but the country can be allowed to move on and resolve whatever tensions led to the election. The ever lengthening timetable is not in the national interest, let alone the interest of individual electors or individual candidates.

[Chloe Smith]

I am happy to confirm from this Dispatch Box that the Government’s position is to maintain the electoral timetable as it stands—I am not proposing an extension or reduction—but I draw the threads together as follows. We need to ensure that the system works for voters, and that includes them having enough time to register to vote, to receive their ballot papers, to return their ballot papers and to decide on the candidates in each constituency—we have a constituency-based system, after all. We also need to be able to make the same point about supporting candidates to fulfil their part of what needs to happen in an election timetable, both those who stand for parties and those who stand as independents. We have to think through these things if we legislate here.

In response to right hon. and hon. Members who have tabled the amendments, I suggest there is perhaps a space here for looking further into these issues. There would be an opportunity to have some research drawn together on the tensions between voter engagement, the resilience of polls and the needs of the country for a period when it does not have a Parliament or MPs able to help constituents. Although the Government continue to hold the powers needed to carry out essential business and respond to sudden, unexpected or distressing events, none the less the Government do after all need Parliament to be sitting. If needed, I will return to those points after right hon. and hon. Members have spoken, but I will leave new clause 1 and amendment 3 there.

Oral Answers to Questions

Debate between Chloe Smith and Aaron Bell

Thursday 16th July 2020 Commons Chamber

[Aaron Bell (Newcastle-under-Lyme) (Con)]

What plans he has to reform the Fixed-term Parliaments Act 2011.

[The Minister of State, Cabinet Office (Chloe Smith)]

The Fixed-term Parliaments Act 2011 led to parliamentary paralysis at a critical time for our country. It is for that reason that the Government made a commitment in our manifesto and in our Queen’s Speech to take forward work to repeal it. An announcement about that legislation will be made in due course.

[Chloe Smith]

There are two points to make to my hon. Friend. The first is that repeal of the Fixed-term Parliaments Act had cross-party support. It was in the manifestos of both the Government and the Opposition, so I hope that that gives it a good wind, but it is also the case that the policy does need to be carefully developed and well scrutinised so that we do not repeat past mistakes with an important part of our constitution.

[Aaron Bell]

I thank my hon. Friend for her answer and associate myself with the comments of my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis). The problem we had last year was that we had a Government who were manifestly unable to get their core legislative agenda through. They did not have the confidence of the House for that, but the House voted that it had confidence in the Government. I understand that repealing the Act will not necessarily get us back to the status quo ante, so what mechanism does she envisage will make sure that we can never again be in that position where the Government do not have the confidence of the House on their core legislative agenda?

[Chloe Smith]

I thank my hon. Friend for putting his finger on a very important part of what was wrong with that scenario and what is wrong with that legislation: it divorces the issue of confidence from the issue of calling an election. One thing we want to do as we look at its repeal is to make sure that that central tenet of the constitution and of parliamentary operation can be properly functional.