Dissolution and Calling of Parliament Bill

Jackie Doyle-Price Excerpts

Consideration of Lords amendments
Monday 14th March 2022 Commons Chamber

[Michael Ellis]

Good constitutional practice involves protecting the integrity of the legislature, the Executive and the judiciary and, in our view, the proposals do that and this amendment would not, so I agree with what my right hon. Friend says.

[Jackie Doyle-Price (Thurrock) (Con)]

I sat on the Joint Committee that reviewed the 2011 Act and we spent long, productive and interesting hours looking at it. Does my right hon. and learned Friend agree that it is really unproductive to look at our future arrangements in the context of what happened in 2019, just as it is to look at them in the context of what happened in 2010? The beauty of our system must be that the constitution can flex. Those were particularly unique circumstances in 2019, and we should not let them affect what happens going forward.

[Michael Ellis]

My hon. Friend is completely right. In fact, it is difficult to expostulate all the different scenarios that may occur in future, so it is best to avoid that, but we know what worked well—the status quo ante the 2011 Act.

As I say, we have experienced the consequences of a statutory scheme and we know what happened in 2019, but the amendment is also dangerously silent on critical questions of implementation and is likely to have undesirable consequences for our constitutional system. For example, it is likely to have negative consequences for the fundamental conventions on confidence. The privilege to request that the sovereign exercise the Dissolution prerogative is an Executive function enjoyed by virtue of the ability of the Government to command the confidence of the Commons. That is the alpha and omega of everything, and should not unduly constrained by any sort of prescriptive parliamentary process that would be disruptive and unhelpful when expediency is essential.

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[Alex Norris]

I cannot agree with the right hon. Gentleman, because the reality is that before those parties could even come together to form that possible alternative Government, the Prime Minister could be in the car and on the way to call the election, and that process would be rendered moot. I cannot support that.

[Jackie Doyle-Price]

Many Members may find it rather difficult to think of a scenario when we would not need to have such a vote, but if other Members have watched “The Crown”, we have seen the example—a very fictitious one—where the scriptwriters wrote the moment when the then Prime Minister Margaret Thatcher was losing the confidence of her parliamentary party and had that fictitious meeting with the Queen. In building legislation that will last, we need to ensure that we have sufficient, adequate checks so that any Prime Minister will not abuse their position. Is the truth of the matter not that we are going back to the status quo ante? Indeed, the existence of the ouster clause that excludes the courts means that the Government are going further than that.

[Alex Norris]

It is definitely fair to say that there are new arrangements. That is why the Minister said the amendment would be inappropriate, but I do not think it would be. By the way, I have not seen “The Crown”; my wife and I are working our way through “Flip or Flop”, and there are 160 episodes of it, so it may take some time. In the scenario that the hon. Lady talks about, we have seen in recent history Prime Ministers who are losing the confidence of their party talking in terms of “Back me or sack me”. The reality is that the Bill, without this minor safeguard, would mean that a “Back me or sack me” moment, rather than it being won as a parliamentary process with a party’s Back Benchers, would instead play out as a party psychodrama with the general electorate. I think that would be a bad thing.

I will finish with three further quick arguments against giving the Government the power they seek, or at least not without this minor fettering suggested by the Lords. First, it comes back to a question of electoral advantage and ensuring that elections are fair. It is an age-old argument, and an issue that has launched a thousand dissertations—it was one of the major reasons for the 2011 Act—but it has become only more salient since then. Over the past 12 years, we have seen increasing restrictions on party and non-party activity, and the Elections Bill will put more in. These provisions are backdated, and that provides a significant advantage for candidates of the current governing party during the short campaign period, but the advantage grows further for parties, as the regulated period for political parties is now 365 days prior to election day. It is a heck of an advantage to know that start. The amendment would not completely get rid of that, but it would even the scales, and that is another good reason to support it.

Secondly—others colleagues have brought this up, and if I stray out of order, I know I will be told off, so I will be very quick—surely the real lesson to take from that 2019 episode is that by including a parliamentary rubber stamp on Dissolution, we remove any risk of dragging the Crown into such a decision. I think all right hon. and hon. Members would seek to avoid that, because it was an unedifying moment.

Hon. Members have mentioned the courts and the justiciability of the decisions. The Lords amendment would settle that for certain because a vote in this House would be a definitive answer. I know that the Government think that the Bill’s ouster clause will resolve all matters relating to the courts, but I say to them that we will see; I do not think it is as definitive as they say.

I urge the House to support the Lords amendment. The Minister has made a passionate exposition of his case. I gently say to Conservative Back Benchers that the Bill is obviously targeted at restricting the activities of the Opposition, but that means them too. I see some mischievous faces, including the hon. Member for Hazel Grove (Mr Wragg), who is an independent figure. They mean to fetter their own—[Interruption.] The Minister says otherwise, but I gently say to him that the last time that was tested with the Government, which was the first week of September 2019, 21 of your colleagues lost the Whip—

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If Edward VIII had remained as monarch through the second world war and thereafter, and was working with Neville Chamberlain, I can perfectly well imagine that they might have come to very different sets of decisions about whether there should or should not be general elections, because I do not think that they were good chaps. I can easily imagine a time when a Prime Minister would lie to the monarch about why they wanted a dissolution of Parliament. The hon. Member for Hazel Grove (Mr Wragg) who chairs the Public Administration and Constitutional Affairs Committee, said that the electorate can always deal with that and can see through a politician doing something surreptitious, but I am not sure that is always true. Indeed, I can imagine plenty of nefarious reasons for holding an early general election, either because a Government know of something coming up that the public do not know about, or a set of events that is likely to come round the corner that the Government want to keep hidden from others. That is why I believe we cannot simply have a law that presumes that everybody will always be a good chap in the future.

[Jackie Doyle-Price]

Is it equally the case that including this vote in the Bill would not mitigate people not being good chaps? If a Prime Minister has a majority and they could get that vote through—who knows what their reasons are—when they see things coming over the horizon that might give them some advantage, it makes it difficult for the monarch to say “no” under the Bill. Is it better to preserve what was best about our constitution before 2010, which relies on the Prime Minister and the monarch being responsible, and the good behaviour that should follow?

[Chris Bryant]

I think the danger is precisely the opposite. The arrangements that the hon. Lady would like us to have are ones that put the monarch in a regular position of making a decision, and brings them closely into not only party politics, but sometimes into partisan politics within a political party. It is perfectly possible that a Prime Minister might have lost, or be about to lose, the confidence of their political party, but that political party might still want to govern and carry on under a different leader. In other words, there may be within the House an alternative Government who would be better for the nation.

My other problem is that there seems to be a very high theological understanding of the role of the Executive. I think the former Leader of the House set that going with his rather Stuart early-17th-century understanding of the constitution, which is that basically, as long as the Prime Minister has the confidence of the House of Commons, he or she should be allowed to do pretty much anything and, frankly, parliamentary democracy is a little bit of an irritant. It is worth always bearing in mind that the Executive today is the only body who can ensure that business and legislation are considered, and the only body who decide when Parliament sits, when it will go into recess, and how long it will go into recess for. If we had the same rules today as we had in 1939, nobody would have been able to table an amendment to the recess debate that led to the big row before the beginning of the second world war. Today we have an Executive who are more powerful than they have been at any stage since the early 17th century, and it is time, occasionally, that the House of Commons said, “You know what? We’re a parliamentary democracy. Let’s take just a tiny bit of power into our own hands.”

[Gareth Bacon (Orpington) (Con)]

I will be brief as I gather I have only a few minutes to speak. The Lords amendment would require the House of Commons to give prior approval to a dissolution of Parliament, and that would be done by simple majority rather than the two-thirds majority required by the Fixed Term Parliaments Act 2011. On the face of it, that would be an improvement to the existing position, but it is still something of a half-way house that causes confusion. In the event that a Government lose their ability to command a majority in the House of Commons, it does not automatically follow that the House would vote to approve an election.

For example, it may suit Opposition parties to keep a lame-duck Government in place, so that they can inflict parliamentary defeat after parliamentary defeat, as a means of further undermining confidence in the Government. But in whose interests would that be? Certainly not the interests of the country. As hon. Members have said, we very much saw that in the “zombie” Parliament of 2017-19, when Parliament initially refused to allow an election to take place. The country became ungovernable, and contempt for Parliament rose dramatically—I speak as somebody who was outside Parliament at that time, and who shared in that contempt. I submit that that is not in anyone’s best interests.

We recently heard some confused interventions on this matter from the other place. For example, a Liberal Democrat peer asked:

“But why should a Prime Minister who cannot get a majority of the House of Commons for an election be entitled to a Dissolution?”—[Official Report, House of Lords, 9 February 2022; Vol. 818, c. 1590.]

I am still not sure whether that was a rhetorical question or whether the Lord in question was trying to figure it out for himself. Either way, it is non-sequitur reasoning because in the example he gave, a Government would not seek to dissolve Parliament unless they found it impossible to gain simple majorities in the first place. In my opinion, a rather better, and frankly rather more honest question would be: why would Parliament want to avoid an election, unless it feared that the result would go against its own wishes? That is the real question that those who support the Lords amendment must ask themselves.

There is concern in certain quarters that going to the electorate to seek a new mandate would allow an opportunistic Government to call an election at a convenient time to increase their majority. It is true that the power to call an election gives an advantage to a sitting Government, but that ability is a double-edged sword and can seriously backfire against a Prime Minister seeking to exploit a perceived opportunity. Post-war history is replete with examples of an incumbent Government misreading the political situation, and calling an election that fails to deliver the result they wished for. Harold Wilson’s Labour Government in 1970 and Ted Heath’s Conservative Government in February 1974 are obvious examples of that. Similarly, a failure to call an election can damage an incumbent Government. The obvious recent example would be from 2007 when Gordon Brown publicly flirted with calling an election, only to back off at the last moment and cause irreparable damage to his public image as a result. The power to call an election—or not—does not automatically confer an insuperable advantage on the incumbent Government. The Lords amendment is therefore completely unnecessary, and I will continue to support the Bill as it stands.

[Jackie Doyle-Price]

Members across the House want the repeal of the Fixed Term Parliaments Act 2011, but in its defence, it was a creature of its time and it delivered stable government for five years. Let us not reinvent history regarding why it was introduced in the first place. It disappoints me that so much of this debate has been seen through the prism of 2019. That was a unique political position where we were divided by an issue that crossed party and electoral politics. We risk making very bad law on the basis of what happened in that history.

Call me old-fashioned, but I am a romantic when it comes to our constitution. We have an unwritten constitution, and the less of it that is written, the more likely it is to flex to meet those challenges. On that basis I am opposed to the Lords amendment. However, equally, while the Government’s stated ambition is to go back to the status quo ante, the existence of the ouster clause goes beyond that, and the amendment is an alternative to that ouster clause—it is another way of ousting the courts from deliberation on our proceedings—so the ouster clause’s existence makes a strong argument for it as an option.

I regret that we are having this debate. As Conservatives, we ought to stick to the more romantic view of our constitution and be able to expect Prime Ministers to behave well and honourably in their deliberation with monarchs so that monarchs are never put in that difficult position. However, we have the Lascelles principles, which articulate the occasions where the monarch can be empowered to involve themselves in politics, and that should be enough. I recognise that the argument is lost—it was probably lost in 2011 when the Fixed-term Parliaments Act was passed, and it certainly was when we came to the sad events of 2019—but I hope that we can go back to normal.

[Patrick Grady]

It is not really for the Scottish National party to defend the Westminster interpretation of democracy, but the Bill, and rejecting the Lords amendment, is such a retrograde step that we must put that on the record and see it as part of a bigger picture. This is not control being taken back by Parliament but control being taken from Parliament by the Executive and, as a number of other hon. Members have said, consolidating power as part of a package of measures—not least the Elections Bill.

The effect of all that is that the next election campaign starts today. Everyone in the Chamber must therefore be aware of what they are doing when they cast their vote on the amendment. The campaigning starts today. The power will end up with the Prime Minister and he alone, without the check of his Cabinet or of this House. That is a significant power grab that will further undermine confidence among the public in the institutions of this place. Again, I say to Government Members that, from an SNP point of view, that is fine in a way. The Bill and the rest of their package of reform is not strengthening the Union. As I said in my interventions, we can look at the systems in place to protect the devolved institutions’ democracies and see how they can dissolve only with the permission of the legislature or must operate to a fixed term that everyone knows in advance, but the Bill is taking this place backwards. It is increasing the divergence on these islands. Once again, from where I am standing, that is fine, but perhaps Government Members ought to think twice about it.