Dissolution and Calling of Parliament Bill

Christine Jardine Excerpts

2nd reading
Tuesday 6th July 2021 Commons Chamber

[Cat Smith]

It is a pleasure to see the right hon. Gentleman in his place and I, too, look forward to sparring with him again on constitutional matters. I do not disagree with that. I am certainly not stood here to mount a defence of the FTPA. I was outlining some ways in which I felt the Act did work, but I am also highlighting huge flaws in the Act. Indeed, there is a reason why, in the Labour manifesto of December 2019, we said we would repeal it. The point he raises about the Prime Minister being able to control the date of the election is a huge reason why the Act is flawed. However, I am arguing that the principle of having fixed terms in itself is not necessarily a bad principle; it is a very pro-democracy principle.

[Christine Jardine (Edinburgh West) (LD)]

Something occurs to me. Those on the Government Benches might say there was stasis for two years, but perhaps the public expected politicians to debate and find a way ahead for the country, rather than just fix into positions and refuse to compromise. The way is not always to jump. It should not always be the Government alone who decide what is best for the country. That is Parliament’s role, surely.

[Cat Smith]

It would not be at all like the Liberal Democrats to dig into a position and hold it. [Laughter.] I do not believe that that Parliament hit the troubles it hit necessarily just because of the FTPA. If the Act had not been in place, there would still have been huge problems, because the governing party could not command confidence within its own Members and have a majority for its flagship policy. That was the sticking point for that Parliament.

The Act has been used as quite an easy scapegoat. It is blamed for all the ills of that Parliament. While it is not a perfect piece of legislation, and I support its repeal, I can see that the principle of fixed terms is not, in itself, necessarily a bad thing. Indeed, I believe the then Prime Minister, David Cameron, said 10 years ago, during the passage of the Act, that it was the biggest move of powers from the Executive in several centuries. That raises the question, if we are to repeal that Act and go back to the status quo and the old way of doing things, whether today is the biggest transfer of powers from the legislature to the Executive. Indeed, the 2015 Conservative manifesto celebrated the Fixed-term Parliaments Act’s success:

“We have also passed the Fixed Term Parliament Act, an unprecedented transfer of Executive power.”

That raises the question of whether we are transferring power back to the Executive and, if so, whether that is something this House really wishes to do.

--- Later in debate ---

[Christine Jardine (Edinburgh West) (LD)]

Thank you, Madam Deputy Speaker. I can assure you that I will take much less than 10 minutes. In this debate we have gone over the constitutional law aspects of the Bill, and we have talked much about the Parliament of 2017 to 2019 and the implications of the Fixed-term Parliaments Act. I wish to look at one aspect that I do not think has been discussed sufficiently, which is that as a new Member of Parliament in 2017, I came into a situation where there was constant speculation about the possibility of an early election.

Almost every week between 2017 and December 2019, we discussed the possibility of a general election and when it would be—this year, next year or next month. That causes instability, and not only within Parliament for its Members, who are trying to figure out what they should be doing; but how does one govern in a situation where the Government could end at any moment and one could be going into a general election?

We have talked a lot about the public and their perception of Parliament today, and between 2017 and 2019 they were dissatisfied with the uncertainty about where their Government were going and what was going to happen. Business was unhappy with it, and it disrupted much of the personal, commercial and industrial life of the country.

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

I am listening to the hon. Member intently. Was the problem between 2017 and 2019 not precisely the opposite, in that there was no way to have an election so that the Government could get on with governing and we could get business transacted in this place? Was it not the exact opposite of what she is describing that posed so many of the issues that we faced in those years?

[Christine Jardine]

I thank the hon. Member for his contribution, but I would say that it was actually the opposite. If we all cast our minds back to 2017 when the Fixed-term Parliaments Act was in place, we will remember that we had a snap general election because the Government wanted a general election. The Fixed-term Parliaments Act allowed for that. Then, between 2017 and 2019, the Government chose to behave like a majority Government when they were not one. The right hon. Member for Elmet and Rothwell (Alec Shelbrooke) said earlier that we had an instruction from the public; we did not. We had a divided country and a divided Parliament as a result. We did not have a majority and we had uncertainty and a Government who did not accept that to get anything done, they had to find a way to work with the other parties. That was the problem between 2017 and 2019.

Ironically, as my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) said, in 2019 we were able to come to a general election, even though it was in December, because the Government realised that they had to find a way and talk to people. In that respect, the Fixed-term Parliaments Act did not fail; it proved its worth in allowing the Government to be flexible enough to do that. Contrary to what the hon. Member for Argyll and Bute (Brendan O’Hara) said, the devolution Act allows for the same possibility in Scotland: if it is not possible for the Government to govern, there will be an election. I accept that the Fixed- term Parliaments Act is not perfect, but I do think it allows for some stability. It allows a Government, an Opposition and the public to know that there will be a period of stability if there is a majority Government.

[Andrew Bowie]

The hon. Member is being kind and indulgent of me in giving way. The simple fact is that the reason why we were able to have a snap election in 2017 was that two thirds of the House of Commons voted for it. That was never going to be the case at any point between 2017 and 2019; in fact, we had the farcical scenes of the Prime Minister wanting to dissolve his own Government to go to the country and the Leader of the Opposition agreeing, but not just yet. The hon. Member suggests that the uncertainty was brought about because the threat of an election was hanging over us, when actually the exact opposite was the case.

[Christine Jardine]

I am afraid I beg to differ. For me and for many people I know, the instability was because the Government did not accept the reality of the situation we were in and act accordingly. We could spend the rest of the evening debating what the Government did between 2017 and 2019 but we would not change it.

The fact of the matter remains that we had a general election in 2019 and we are now discussing the Fixed-term Parliaments Act, which I believe offers this country the opportunity for the same sort of stability as we see in democracies around the world and within our own democracy. If the Fixed-term Parliaments Act is repealed, this place will be perhaps the only sphere of government—local, national or devolved—in the United Kingdom that does not have a fixed term. It is not just about those elected to this place; those who work for it and for the elected representatives do not have the certainty and security of knowing what the term of a Parliament will be. That is why, as I said, I believe that although the Fixed-term Parliaments Act was not perfect, it was, as my right hon. Friend the Member for Orkney and Shetland said, a necessary modernisation and a recognition that the way we had done things up to 2011 had to be changed. We had to come into the 21st century, with a fixed-term Parliament with the flexibility to have an election but the stability that the country not only needed at that time but needs right now because of covid-19.

What happened in 2010 was not something that will never happen again. The situation that the country faced—the crisis that needed stability—was not something that happens only once in history. It has happened before and it will happen again and, as I have said, it is happening now. What the people of this country need from us is the certainty and the stability of what their future will be. That is why they elected us. We should not need the threat of a general election to be out there talking to and engaging with our constituents and listening to what they say. If we do, then we have failed.

The hon. Member for Argyll and Bute (Brendan O’Hara) described this Bill as a power grab and, in that, I have to agree with him. It is taking power away from Parliament. It is taking power away from the Members of Parliament and, in doing so, from the elected representatives, and placing it in the hands of the Government and only the Government. It is making the timing of a general election the whim, potentially, of one person based on the scenario of the time. We have talked about lots of decisions about when general elections were and when they were not. In 1974, when, sadly, I was also alive—

[Anthony Mangnall]

I am sorry that I was not there to see the 1974 election. We talk a lot in this place about the precedent and the history of what has gone on before us, but actually there are not many examples, with the exception of 1974, of where early elections have been called, so this is not a precedent that has been abused. It has been done with careful consideration by the Government of the day to call an election, not always to their advantage.

[Christine Jardine]

I am conscious that I am running out of time. I accept that it has not always been abused. If we look at that thread, we will see something common in 1974 and 2017. If a party goes for a snap election, the country will not necessarily re-elect it, because the country did not necessarily want a snap election; it wanted stability. Therefore, I return to my original point that what we have with the Fixed-term Parliaments Act is the certainty and the stability that, perhaps not the Government, but the country demands. Therefore, I will be voting with my right hon. Friend the Member for Orkney and Shetland.

If I could take one more second, Madam Deputy Speaker, it would be to echo the thoughts of my right hon. Friend, now that the Minister for the Constitution and Devolution is back in her place, and say what a delight it is to have her here.