Fixed-term Parliaments Bill

Jacob Rees-Mogg Excerpts

Wednesday 13th July 2011 Commons Chamber

[Mr Harper]

My hon. Friend is simply not right. We have had this debate before. It is important because it relates to the revised clause 2, brought about by one of the Lords amendments, which refers to a 14-day period. I know that the hon. Member for Rhondda (Chris Bryant) supported it strongly when we debated it in Committee and on Report. Indeed, the Opposition supported our proposition when we voted against an amendment that I believe my hon. Friends had tabled.

Two alternatives can take place. I know this 1924 example goes back a bit, but it is one of the scenarios that can happen. Of course, that did not happen in 1979, but that was because we were at the tail-end of a Parliament, so the general election took place. If a vote of confidence were lost early in a Parliament, the situation I described could occur.

Another important issue came up here and in the other place when the rationale for clause 2 was debated. The 14-day period is not mandatory; it is the maximum period that can apply. If the Government had lost a vote of confidence and there were a general consensus that the country should move immediately to a general election, there would be nothing to stop the Government putting down a motion for an early Dissolution. A vote on it could happen and the general election could be triggered immediately. I am not sure that that argument came out strongly in the other place; that is why it is worth putting it on the record.

We listened carefully to the concerns expressed in the other place about clause 2. We also conducted meetings with the two former Speakers, as I mentioned. We listened and made the amendment. Opposition Members will be pleased that the amendment has been made. The hon. Member for Rhondda said that as we were abolishing the Prime Minister’s right to dissolve Parliament, and placing that right in the hands of Parliament, it would be better to state in the Bill, in clear language, what constitutes a motion of no confidence, so that there can be no doubt.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Will the Minister explain a couple of things? First, is there another example in legislation of a motion being laid down for Parliament to follow, or is it an innovation? Secondly, who will determine whether the motion has been passed in the correct form? Will it be a matter for the courts?

[Mr Harper]

Let me develop my argument, and I will cover the points raised by my hon. Friend. The concern in the other place about the original drafting of clause 2 was raised particularly by the two former Speakers, who felt that not having specific motions laid down, and requiring the Speaker to certify that votes of no confidence had been lost, would draw the Speaker into controversy. This House and the other place were happy that there was no issue about privilege and the courts trespassing into decisions of the House, but it was felt that there was a risk of the Speaker being drawn into controversy. The Government accepted the other place’s view that the language of the motion should be set out clearly.