Repeal of the Fixed-term Parliaments Act 2011

Edward Leigh Excerpts

Thursday 23rd October 2014 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

I beg to move,

That this House believes that the Government should bring forward proposals to repeal the Fixed-term Parliaments Act 2011.

The motion, which stands in my name and that of my hon. Friend the Member for South Dorset (Richard Drax) and other Members of this House, is to review and repeal the Fixed-term Parliaments Act 2011. The Act was passed, of course, in the heady early days of the coalition, with many new Members present. This is a good time, after four years, to think about it, to review it and, I hope, to determine to repeal it.

Fixed-term Parliaments were marketed to us as a restriction on the excessive power of the Executive. In reality, fixed-term Parliaments are a restriction on democracy, not on the Executive. It was claimed then that a general election called at a time advantageous to a sitting Government, or because Parliament clearly needed refreshing after, say, four years, was somehow less legitimate than a general election held at a fixed time every five years.

Leaving aside the point that a democratic mandate is a democratic mandate whenever it is held, a Dissolution is forbidden under the Act unless two thirds of the entire membership of the House, including any vacant seats, support a motion calling for an election. That means that a party or group that has just one third of the seats has the power to block a Dissolution and can prevent the Government from consulting the people. How is that democratic? I think that undermines the whole democratic legitimacy of the Government, whether it is a majority or a minority Government. The old system, of course, allowed a Prime Minister to find a route out of decisional gridlock. It permitted the Government to consult the people on developments which may have been unforeseen at the time of the last general election. Governments who found themselves hanging under a parliamentary scandal—or when the economy is going badly or something has gone badly wrong—had an easy route out, and voters could give them their marching orders or return them to power.

We have always valued the combination of the general election and the first-past-the-post system, because it is, we say, capable of producing strong sustainable Governments who can deliver on their promises to voters. That has always been our pride. To an extent, we have therefore defined ourselves in opposition to other systems which have to form coalitions after general elections. I think all of us hope that the present coalition is an aberration. Our major political parties—particularly the Labour and Conservative parties—are, of course, coalitions in themselves, formed before elections in order to present voters with real choices.

[Sir William Cash (Stone) (Con)]

On my hon. Friend’s remarks about the coalition, I have read his piece on the “ConservativeHome” website, and perhaps he would be good enough to look at mine, because I very much agree with him. The problem is not just the question of institutional issues; it is also the practical reality of the Liberal Democrats having the capacity, in relation to the Fixed-term Parliaments Act and in other respects, to frustrate the government of this country by a Conservative majority.

[Sir Edward Leigh]

It is not for me to speak for the Liberal Democrats—unfortunately they seem to be absent from the Chamber. May I say that I always read my hon. Friend’s speeches with the closest possible attention? Both he and I were, of course, in coalition in our beloved Conservative party with a social-liberal leadership. I sometimes think that the Conservatives on the Treasury Bench would rather be in coalition with the Liberals than with the likes of me. If that is true, it is no surprise if party membership is under stress.

The contrary system to ours involves a host of smaller parties combining in smoke-filled rooms—although they are probably smokeless now—in order to make deals and hash out a coalition that may be contrary to voters’ wishes. That is often the continental system.

Of course, the Act we are talking about today moves against the spirit of the idea that one Parliament cannot bind another. That is rubbish anyway, because if somebody gets a majority in the next Parliament, they can simply repeal this Act in an afternoon. All the checks and balances are meaningless in any event, because one Parliament cannot bind another.

So, looking to other parliamentary democracies outside the Westminster system, we see that fixed terms are a rarity. Often they are based on the peculiarity of local circumstances, such as in Germany or Switzerland. France, Sweden, Denmark, Finland, Austria, Belgium and the Netherlands all provide for early Dissolution more easily than is envisioned under this Act.

One highly esteemed political scientist, Juan Linz, described in 1994 the capability for an early Dissolution as a critical antidote to the temporary rigidity of presidential-style systems. Linz was wise to point out that the power of Dissolution allows for stronger Governments who are more capable of responding to emergencies or to changes in democratic expression. He wrote that the fixed tenure means that the

“political process therefore becomes broken into discontinuous, rigidly determined periods without possibility for continuous readjustments as political, social and economic events might require.”

Indeed, I think the whole idea of fixed-term Parliaments has a Blairite feel to it, in a fawning admiration of the American style of government.

While a long line of thinkers, not least Russell Kirk, have been keen to point out the British roots of the American system, in fact, as you will know, Mr Speaker, it is very different from our own. Our daughter-Parliaments in Ottawa, Canberra and elsewhere have grown up in a very different way from the American system. The United States does not even have general elections, with different portions of both its Houses being elected in fits and starts every two years.

There is also another factor in the American system which we must avoid importing to these islands—this is an important point, which we have seen in this Parliament. With America’s fixed terms, the first half is spent legislating while the second half is spent in campaigning and raising money for the coming election campaign. The fixed date of the election is inherently conducive to that kind of mentality.

[Mr Graham Allen (Nottingham North) (Lab)]

Is the logical extension of the hon. Gentleman’s argument that President Obama should be given the power to decide to call an election when he feels it appropriate, rather than when the constitution states that it should take place? Does he think that the President’s internment in a prison or a mental institution would be the first thing that would happen if he were to suggest such a thing?

[Sir Edward Leigh]

The whole point is that the American system is completely different from ours, so it would be unwise for me or anyone else in this House to lecture President Obama on when he should go. Actually, the United States does have a system whereby a President can be removed through impeachment, and President Nixon took that route.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I agree with much of what the hon. Gentleman is saying, but I think his comment about the former Prime Minister Tony Blair was a little unfair. I cannot see that particular relationship with the United States, but does the hon. Gentleman see such a relationship in respect of the search to import other constitutional effects? I have never liked the idea of referendums, for example. Does he agree with me on that? In addition, of course, the idea of a recall is very much derived from the American experience.

[Sir Edward Leigh]

I take back that cheap shot against Tony Blair—it was perhaps unnecessary—and I entirely agree with the hon. Gentleman. Over the centuries, we have established a pretty good system. I think we are the only country in Europe never to have been a police state or had a police state imposed on it. We should be pretty proud of our slow constitutional growth.

[Mr Robert Syms (Poole) (Con)]

When President Nixon and Spiro Agnew resigned, the United States ended up with a President and Vice-President who had been elected by Congress and not by a mandate of the people. It is therefore possible to have a change of power without an election there, which would not happen here.

[Sir Edward Leigh]

Exactly; that is a very fair point.

Our own beloved Mark Darcy, a BBC journalist who is really an ornament of the constitution, put it very well when he said that there was a danger under the Act of Parliaments

“oscillating between hyperactivity and torpor” .

We appear to be at the torpid end of this Parliament.

I welcome you to the Chair, Madam Deputy Speaker, and I regret that you cannot join us and make a speech. We recollect your coruscating arguments during the passage of the Bill, but we accept that you are of course now completely neutral.

I just think that five years is far too long. We have experienced a very front-loaded Parliament. The best evidence of that has been the recent explosion in the number of Back-Bench debates, compared with the number in the early part of the Parliament. I welcome Back-Bench debates, but they are taking place not through the kindness of the Government but because there is no majority in the House to do anything that would make a real difference. In my experience, the very best Conservative and Labour Parliaments have been four-year Parliaments, and the very worst have lasted for five years—in particular, our 1992 Parliament and Labour’s 2005 Parliament. Towards the end, five-year Parliaments get weaker and weaker.

[Mr Nigel Dodds (Belfast North) (DUP)]

I am following the hon. Gentleman’s argument carefully. Does he agree that, for the purposes of consistency across the United Kingdom, if we were to go back to the old system and give this power back to the Prime Minister, that arrangement should also apply to the devolved Administrations? Should the leaders of those Administrations also be able to call an election whenever they wished?

[Sir Edward Leigh]

In my personal view, that is a fair point. The right hon. Gentleman has intervened at a good point, because I was about to say that our insistence on a five-year Parliament has resulted in delaying elections in the devolved Administrations. That delay was proposed because, when we had an election on the same date in Scotland, there was an unacceptable 147,000 spoiled ballot papers. I really do believe in devolution, however, and it is up to the devolved Parliaments to make that decision.

[Sir Greg Knight (East Yorkshire) (Con)]

Is my hon. Friend saying not only that he is against fixed-term Parliaments but that the flexibility to go up to five years should be removed? Is he saying that, in a system in which an election could occur at any time, it should be called only within a four-year time frame?

[Sir Edward Leigh]

No, I am not saying that. I think we should simply go back to the old system and the Prime Minister should be able to call an election when it is appropriate. I agree, however, that if we were going to have a fixed term, a four-year one would be much more acceptable. However, we are not here to honour fixed-term Parliaments; we are here to bury them. So I would rather go back to the old system, which worked perfectly well. Interestingly, in the previous century the average length of a Parliament was four years and 10 months—

[Kevin Brennan (Cardiff West) (Lab)]

Three years—

[Sir Edward Leigh]

Sorry, three years and 10 months. So if we stick with this Act, in the next century we could lose six general elections—that is six occasions on which the people are given a real choice. In short, the greater flexibility that the power of Dissolution allows is to the advantage of our parliamentary democracy. The great advantage of our constitutional tradition is that it bends rather than breaks, but fixed-term Parliaments remove that flexibility, with consequences that cannot be foreseen.

Professor Robert Hazell of University College London’s constitution unit, has said that

“Anthony Eden’s decision to call a premature election in April 1955 can be justified on a mandate basis: he had only taken over as PM nine days earlier after the resignation of Winston Churchill. Fixed terms will remove or at least limit the government’s capacity”

to renew their mandate. We all know that the decision of the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), not to have a general election as soon as he was elected—or, rather, appointed—as Labour Prime Minister was a serious mistake and his Government never recovered from it.

[Mr Peter Bone (Wellingborough) (Con)]

That points exactly to the other argument on this issue. Had the former Prime Minister gone to the country on that date, he probably would have won a general election. The Government have an enormous power in being able to choose an election date, and is that not the other side of the coin?

[Sir Edward Leigh]

That is the other side of the coin, which is why the Liberal party, which always delights in its own rationality, came up with this idea of fixed-term Parliaments. It is strange that the Liberal party, which is so apparently rational in all respects, is so unpopular with the people—I never quite understand that. It is precisely the sort of point that comes from political scientists and leads to dangerous constitutional innovations that are not thought through and are, in the end, profoundly undemocratic. The old system was better, more democratic and more in tune with what the public want.

[Kevin Brennan]

Is it not entirely unfair to criticise the Liberal Democrats when they are not here to defend themselves?

[Sir Edward Leigh]

That is a good point. [Interruption.] Why be fair in politics anyway—they are not.

This constitutional change was not in our manifesto, although I believe it was in both the Labour and Lib Dem manifestos. Interestingly, the Liberals maintained that fixed-term Parliaments would

“ensure that the Prime Minister of the day cannot change the date of an election to suit themselves.”

It is telling that the Liberals speak so contemptuously of consulting the people and seeking their approbation. I believe the Liberals had previously been in favour of a referendum on the European Union before they decided they were against one—they now say they will have a referendum at the time of a treaty change. Why not have a vote on the European Union at a fixed time—they have succeeded in foisting that on us for our Parliaments? They are totally irrational, and they are arguing from different points of view on fixed-term Parliaments and on a referendum on Europe. When did their support start imploding? It was when they broke their election promises on tuition fees, and they have never recovered. That was in the heady days of the coalition, which they were determined to try to maintain for five years. Indeed, now they are apparently the main body of people who have maintained that this coalition must struggle on for five years.

How was the arrangement formed? It was a hash job—let us be honest about it. It was designed to keep both parties in the coalition from doing a runner on each other and it was never thought through properly. This was always going to be a loveless marriage, and fixed-term Parliaments were a pre-nuptial settlement drawn up between two parties that were never in love. Indeed, they had to bind their marriage in barbed wire to stop them ratting on each other. Is that the right way to make a major constitutional innovation? I do not think it is. These constitutional innovations of profound import for our democratic system should have been the result of lengthy debate and academic debate, but they were not. They were cobbled together in five days in May in secret meetings between the leaderships of the two parties. These things were put not to a vote of my parliamentary party, but to a show trial public meeting of MPs in Committee Room 14 with planted questions. There was no democratic mandate in our manifesto for the fixed-term Parliament. We should put this issue in our manifesto and repeal the Act, and think about repealing it now.

[Mr Andrew Turner (Isle of Wight) (Con)]

My hon. Friend is doing jolly well and I love the things that he is saying, but before he moves on, will he look for a moment at the length of time between the election and getting a winner in using the first-past-the-post system? It was five days then. Imagine the next time when it could be five, 10 or 20 days to make the Liberals happy.

[Sir Edward Leigh]

This was the subject of a very good debate among experts in the Hansard Society. They pointed out that this Parliament will end on 28 March. We will have a record five-and-a half-week campaign and two weeks of negotiations, so we could have two months without a Government, which would be the longest time that this country in recent history has not had a Government. We could have a Belgian situation—I love the Belgians but they do not necessarily have the best sort of Government—with no Parliament and no Government.

[Sir Greg Knight]

I think my hon. Friend is factually incorrect when he says that we will not have a Government. We will have a Government, but it will not be open to scrutiny.

[Sir Edward Leigh]

Yes, that is true, but we all know—my right hon. Friend has been a Minister as have I—that the moment the election is called, civil servants do not allow Ministers to do anything. In theory, we still have Ministers in charge, but in practice we do not have a Government who can do anything. It is worrying that under this Act of Parliament we could have such a long period of, effectively, no Government.

[Sir William Cash]

Will my hon. Friend be good enough to give way?

[Sir Edward Leigh]

For the second time.

[Sir William Cash]

Yes, indeed. With respect to the role of the civil service—of Lord Gus O’Donnell specifically—in putting this coalition together, an extraordinary amount of power was exercised by civil servants in relation to the coalition discussions, which included the proposals for this Act.

[Sir Edward Leigh]

I did not know about that, but my hon. Friend raises a good point, and I am very worried about it. Frankly, this coalition shows us that coalitions are a bad idea. It would have been much better to have had a minority Government. We could have gone to the people after a year or 18 months to seek a proper mandate. That has been done twice by Labour in the 1960s and the 1970s. There was no constitutional outrage, debate or scandal about it. Harold Wilson did it twice and nobody seemed to worry very much. People said that it was necessary to have a coalition to deal with the deficit. Leaving aside the fact that we have not yet properly dealt with the deficit anyway, a Conservative Government could have got on with dealing with the deficit from day one. They had the mandate to do so, and they could have renewed that mandate after a year or 18 months, and we would now have a much stronger Government.

We find ourselves stuck in a lowest common denominator straitjacket, which no one voted for—

[Mr Allen]

On a point of order, Madam Deputy Speaker. I am sorry to interrupt the hon. Gentleman, but the annunciator appears to be broken. We are on the hatred of Liberal Democrats and the coalition debate, and I am waiting for the Fixed-term Parliaments Act debate. Will you, Madam Deputy Speaker, ensure that the annunciator gets repaired, so we can carry on with the House’s business?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I appreciate the eloquence and humour with which the hon. Gentleman has made his point, but it is of course not a point of order.

[Sir Edward Leigh]

I am coming to an end. I have put it several times to our beloved Prime Minister that we should end this coalition, which is haemorrhaging our support, and the support of the Liberal Democrats. He says that he cannot do it because, under this ridiculous Act of Parliament, he could not call a general election, and the Leader of the Opposition might be in power by teatime. I do not know whether or not that is right, but there is a certain rigidity in the system. We should end this coalition and go to the people at an appropriate moment.

The Fixed-term Parliaments Act is a constitutional aberration. It was cobbled together without pre-legislative review or proper national debate. It could and does result in zombie-government in the latter part of the term. Indeed it could conceivably lead to a Belgian situation of weak Government and weak Parliament. As is found around the world, it could and does lead to rigidity and angry calls by a disaffected public to extra-parliamentary activity. It actually leads to the growth of extremist fringe parties, as we are finding in our own country.

[Mr Christopher Chope (Christchurch) (Con)]

rose—

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[Sir Edward Leigh]

I was about to end, but I will give way one last time.

[Mr Chope]

Will my hon. Friend pray in aid the example of Ukraine, which has parliamentary elections this weekend? It had a fixed-term Parliament, but the President has called what he has described as early parliamentary elections.

[Sir Edward Leigh]

Indeed, and dangerous situations can often be the result of fixed-terms.

We could see, as a result of this Act, an unprecedented long period without any Government at all. This is a bad Act. It was not thought through and it is not in our traditions. It should be reviewed and repealed.

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[Mr Allen]

The hon. Gentleman has made a powerful case. In fact, he has unwittingly made a powerful case for a written constitution, which would prevent that from happening. What we have, however, is a convention, and, like it or not, conventions mean what the Executive say—rather than, as we are finding now in relation to going to war in Syria, creeping something through the House and reinventing the convention. Unfortunately, the Prime Minister of the day would probably find, in giving way, that the Deputy would be appointed from within the coalition or from within the individual party. The only way of putting a stop to that is to have clarity, so that everyone watching at home has the rule book, the boxing rules, as it were. I am not referring to the fighters in the ring, but there should be a framework that we can all understand, and I am afraid that that is not the case.

Ultimately, even under the current legislation, it would be possible to dissolve Parliament if a vote expressing a lack of confidence in the existing Government were carried by two thirds. After 14 days, there would be a general election. However, those are extraordinary circumstances. We are trying to build a democracy in which everyone out there knows the rules.

[Sir Edward Leigh]

May I repeat the point made by the hon. Member for Cardiff West (Kevin Brennan)? We are not going to convince the hon. Gentleman in regard to fixed-term Parliaments, but will he at least acknowledge that if we had had a proper national debate on the issue, we would obviously have decided on a four-year term, as in the case of the American presidency, rather than a five-year term?

[Mr Allen]

I believe that—particularly if there is a little less game-playing and a little more consensus-building—a five-year or a 10-year Parliament and longer-term planning make a lot of sense when we are faced with issues that are not about tomorrow’s newspapers, but about the future of the planet, the future of our children and the future of our economy.



Some of our colleagues are new to the House—I except the hon. Member for Gainsborough—and assume that things have always been like this. Some colleagues, such as my hon. Friend the Member for Heywood and Middleton (Liz McInnes), are very new to the House. They are probably thinking, “Why on earth are they talking about this ancient history?” Well, some of us remember the ancient history.

Having been in the House for some time, I am aware—as are you, Madam Deputy Speaker—of the paralysis that grips a Government when there is speculation about when a general election can take place. We have all lived through it. There is a long period of under-achievement, of anxiety, of shuffles, of the civil service not knowing when the general election will be, of appalling speculation in the media, and of threats by Back Benchers who say that they will do this, that or the other. That, to me, is bad governance and bad administration.

A fixed term brings clarity. It means all of us saying, “Let us get on with our job.” It does not mean saying to you, Madam Deputy Speaker, that the House will appoint you for a term but it may throw you out at any moment, or press speculation may end your wonderful career. Of course, no one operates like that in the real world. A degree of certainty will end much of the paralysis and speculation that has been so damaging to our politics for many years.

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[Stephen Twigg]

No, as I have given way to the hon. Gentleman already.

More often in this place, we can work together to try to find more common ground. Fixed-term Parliaments will make that more likely.

There is a legitimate debate to be had on the right length of a fixed-term Parliament. As my hon. Friend the Member for Great Grimsby (Austin Mitchell) reminded us, in the 19th century the Chartists wanted annual elections and Parliaments; it was the one Chartist demand that was never implemented. Our manifesto in 2010 committed to four years, and, as my hon. Friend said, the length of time in New Zealand is three years. However, I think there is a good case—my hon. Friend the Member for Nottingham North made this case very powerfully—that a term of five years can have a stabilising effect on our politics, ensuring that Governments can make some important strategic and long-term decisions in the national interest, so I think it is right that we allow the five-year fixed-term Parliament to bed in. We can review it after two Parliaments, as the legislation allows, but it is far too early for us to consider repeal of the legislation.

[Sir Edward Leigh]

So if Labour gets an overall majority, it will not repeal the Act and it will stay in for the full five years.

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[Mr Gyimah]

I was incredibly nervous when our country was on the brink of financial and economic collapse after 13 years of a Labour Government, and we needed to take the necessary action to get the country back on track.

Having listened to the arguments today, I believe that the Government remain unconvinced of the need to repeal the Fixed-term Parliaments Act. It is too early to assess the full benefits of having a fixed election timetable, but it is clear that there are advantages to a system that is transparent, consistent and fair. This Government came to power at a time when faith in our political system was at an all-time low. Political and constitutional change has been part of tackling that. It cannot be right for key decisions about our democratic process—perhaps the key decision: the timing of an election—to be decided by the Executive on the basis of political advantage.

Many have argued that the Act somehow strengthens the Prime Minister. I argue that it weakens the Prime Minister’s position, because he cannot decide the timing of an election by his own fiat. It was Roy Jenkins who said that a Prime Minister who lost an election had, ipso facto, called that election at the wrong time. By fixing the date of the general election, we have significantly weakened the Prime Minister and given strength to Parliament and the public.

[Sir Edward Leigh]

If fixed-term Parliaments were such a good idea, why did we not put them in our manifesto?

[Mr Gyimah]

There are many good ideas that were not in our manifesto; it is important that we, as politicians, are able to adapt and to reflect the times.

It is not the case that the Fixed-term Parliaments Act was introduced simply to maintain the coalition. The previous system, whereby prerogative power was exercised over a democratic process for political advantage, served the wrong interests. Imagine Gordon Brown sitting in Downing street in 2007 chewing his fingernails and trying to decide whether that was the right time to call an election so that he could have another five years in government.

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[Sir Edward Leigh]

I am very grateful to everyone who has taken part in this thoughtful debate. I am grateful to the Chair of the Political and Constitutional Reform Committee, who seemed to be arguing for a vigorous Parliament—we all agree with that. I am grateful to the hon. Member for Great Grimsby (Austin Mitchell) for quoting Oliver Cromwell. At least this Parliament is not going to run for 20 years like the Rump Parliament did—we are at least agreed on that. I am grateful to my hon. Friend the Member for South Dorset (Richard Drax) for saying that we believe in a rampant and vigorous democracy. I am grateful to my hon. Friends the Members for Poole (Mr Syms) and for Harwich and North Essex (Mr Jenkin) for the points they made about putting these matters to the people. I am grateful to the hon. Member for Liverpool, West Derby (Stephen Twigg), the Opposition spokesman, for reminding us that a fixed-term Parliament would ensure that we would have a five-year Labour Government if they get an overall majority.

Finally, I say to my hon. Friend the Minister that he has made a wonderful job of defending fixed-term Parliaments, but what a pity we did not argue this before the general election. We all know that this was a short-term stitch-up, and there should be a proper debate. We have started to have that, and sooner or later I hope we will make the point that it is the people who should decide when is the right time to have a general election, when a Government are weak and running out of steam. General elections should not be set at an arbitrary date, and so we will not be withdrawing our motion.

Question put.