Dissolution and Calling of Parliament Bill (Instruction)

Debate between Chris Bryant and Stewart Hosie

Monday 13th September 2021 Commons Chamber

[Chris Bryant]

The point is that other people might choose to bring other cases to the courts on the matter, unless Parliament chooses to discuss it and legislate on it. I would have thought it entirely in the Government’s interest to allow the debate later today and to come to a resolution on the matter.

[Stewart Hosie (Dundee East) (SNP)]

I have no doubt that the hon. Gentleman is correct that if new clause 3—his amendment to allow a vote on Prorogation—were agreed to, it would render Prorogation non-justiciable in future, and that that is the intention. However, may I ask a more prosaic question? If the motion that he is now moving to allow debate on the amendment is passed, will it not render the programme for the rest of the day null and void, as we will have something brand new and rather substantial to consider?

[Chris Bryant]

No, I do not think that that is right, but if the House decided not to consider the matter, the courts could in future legitimately decide that Parliament had decided that Prorogation is justiciable. That is the problem for the Government.

Fixed-term Parliaments Bill

Debate between Chris Bryant and Stewart Hosie

Tuesday 16th November 2010 Commons Chamber

[Chris Bryant]

No, no, no, the hon. Lady is wrong. She has a much easier way to solve all this—she can vote with us tonight. She only has to do so twice, first to ensure that the 2015 election is brought forward to 2014 and then to ensure that elections are every four years, not every five. She has to do both, she cannot just do one, because otherwise we would still end up with elections happening at the same time every 20 years.

[Stewart Hosie (Dundee East) (SNP)]

I wonder whether we can get down to the brass tacks of this. In 2007, some 140,000 ballots in Scotland were void, nullified and not counted. People were disfranchised because there were two elections of different sorts on the same day. This matter is not ethereal, it is about practical politics and the enfranchisement of people in Scotland, Wales and Northern Ireland.

[Chris Bryant]

The hon. Gentleman is absolutely right. When that point was made earlier in the debate some people said it was all about how the ballot papers were presented, and undoubtedly that was part of the problem. However, the point is that in Wales, an Assembly election feels like a general election. It will feel like a general election next May. Elections to the Scottish Parliament feel like a general election in Scotland, and I am sure the situation is somewhat similar in Northern Ireland. If they coincide with the UK elections every 20 years, it will be a bit of a muddle and voters will be confused. This is not about our convenience, it is about the convenience of voters and the clarity of the mandate that is provided. Without a clear mandate, we end up without good politics and with people distrusting the political system.

I say in passing that another element of the Bill is that the Government intend to stick to a short election campaign, both in any early general election that might be held and in the specific 2015 election. That will not be the same campaign as for the local elections or for the Welsh or Scottish elections. That will provide another level of uncertainty, particularly for treasurers of local election campaigns. They may be the treasurer for their local constituency association or their local party, and they are already given a pretty tough job to do with stringent legal provisions. Often they are nervous about what that might mean for them and whether they will end up in prison. We should not make the situation even more complicated by firing the starting gun for expenses for the various elections on different days. In addition to that, by choosing May we will always hit the problem of Easter. In 2015, polling day will be on 7 May and, because it is a relatively early Easter, Dissolution will be on Monday 13 April. In 2020, unless we change the legislation, polling day will be on 7 May, which will mean that Dissolution will be on Maundy Thursday 9 April, as both 10 and 13 April will not be working days.

Maundy Thursday used to be a day on which one did not have elections. It used to be provided as a bank holiday, but legislation in 1995 removed it from the list. None the less, it would be inappropriate to dissolve Parliament on Maundy Thursday in 2020. The bigger point is that we will constantly have the problem with the start date of the electoral campaign because Easter moves.