Dissolution and Calling of Parliament Bill

Jonathan Edwards Excerpts

Committee stage & 3rd reading
Monday 13th September 2021 Commons Chamber

[Aaron Bell]

Not yet. I am sure it will come in time.

I will not repeat my Second Reading speech—this is the Committee stage—but I still welcome the Bill for all the reasons I gave on that day. I welcome the Government’s continued engagement with all of us who have an interest in it, in particular members of the Joint Committee on which I served with the hon. Member for Rhondda and many other Members, with whom I made friends and now sign amendments with. Perhaps the Whips will regret putting me on that Committee in the fullness of time.

I will turn to new clause 1, in the name of my right hon. Friend the Member for Basingstoke (Mrs Miller), in a little while, but first I want to discuss the overall principles relating to Dissolution. The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, my right hon. Friend the Member for Surrey Heath (Michael Gove) said on Second Reading that the right place for a proper discussion of the principles was in Committee, so I think it is probably right, with your indulgence, Ms Winterton, that we have a little discussion about them. Perhaps the Minister can reflect on them in her closing remarks, too.

We heard about Tommy Lascelles and his principles from 1950. Younger viewers will remember him from “The Crown”, played by Pip Torrens, as the private secretary to Her Majesty, but at the time he was the private secretary to His Majesty. He was talking about the principles in another closely contested election period—1950 and 1951. Those principles are relevant today, but the second one about the national economy was widely considered to have fallen into abeyance. There are other principles that we should perhaps consider. It was the opinion of the Joint Committee that the Dissolution principles document issued by the Government did not go quite far enough and did not cover other aspects of Dissolution—the calling of the new Parliament and so on. I therefore ask the Minister to comment a little on the 20 principles in our report: on the overall paramount confidence in our system, what it means to lose the confidence of the House and how to determine that, and what the Prime Minister ought to be doing in certain circumstances, whether to offer the resignation of the Government or to request a Dissolution from the monarch, and when it would be more appropriate for the Prime Minister to resign. We said that it would be more appropriate if there had recently been a general election, if there was a new Prime Minister from that Member’s party, or if it appeared that another person might command the confidence of the House—that was, of course, the third of Lascelles’s principles. The work of the Committee in putting together a more complete list of principles around confidence ought to be reflected in the debate and I ask the Minister to reflect on that in her closing remarks.

Turning briefly to new clause 1, since I am a signatory to it with my right hon. Friend the Member for Basingstoke, I am grateful for the comments the Minister made from the Dispatch Box. I am also grateful for her engagement with those of us who signed new clause 1. I welcome the additional research we ought to see. As I said in my intervention on her earlier, the purpose of an election is not simply to have the most perfectly admirable election in the world, but to resolve things. The longer we take, the more people we can register and persuade to vote, but as my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) said, eventually they might get bored and not vote. The point of an election is to resolve things. We want to make sure people vote—once and once only, as I said in my speech on the Elections Bill the other day—but the key purpose of an election is to let the country move on from a moment of tension, contest and electoral joust between opposing candidates in our constituencies. I do not think it serves anybody for that to go on a day longer than is truly necessary. That is why I was happy to put my name to new clause 1.

I listened to the Electoral Commission and the Association of Electoral Administrators. I understand that there are complications with going back to the status quo ante of 17 days as things stand, but I reflect on what my hon. Friend the Member for Calder Valley (Craig Whittaker) said. Rather than saying it cannot be done with the rules as they are, we should look at which rules we could change to get back to the status quo ante. The Bill takes us back to the status quo ante in so many ways and I welcome that, but the real key is to get everything back to how it was before. I remember, as a teenager, watching elections that were short, sharp and got the job done. It did not work for us in 1997 when I was a teenager, but it got the job done and let the country move on. That is what we should have with our elections. They should not be dragged out for months. For the reasons I have given and for the candidates too, we should look at ways to make them shorter, notwithstanding the arguments that have been made by the administrators.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

Diolch yn fawr, Dame Rosie; it is a pleasure to contribute to this debate, to serve under your chairmanship and to speak to my amendments 4 and 5. I welcome the provisions in the Bill that put certain safeguards in place to protect against a clash between ordinary Westminster and Senedd elections. My amendments go one step further and would remove regulations from the Government of Wales Act 2006 that allow the Secretary of State to combine a UK general election with an extraordinary general election to the Senedd. Although these are probing amendments, I would like to set out why the possibility of even an extraordinary election to the Senedd taking place at the same time as a Westminster election is a cause for concern.

The introduction of the Elections Bill has put Wales and Westminster on a rapidly diverging path when it comes to empowering and engaging citizens in the democratic process. In Wales, 16 and 17-year-olds are allowed to vote in Senedd and local elections, rightly having a say over critical issues that affect their future. In Wales, any legal citizen, no matter their nationality, can vote in Senedd and local elections. It is telling that as Wales and, of course, Scotland extend their franchise, this place seeks to do the exact opposite. In Westminster elections, the introduction of mandatory ID cards risks placing an additional barrier between voters and democratic engagement, especially for younger people and minority groups.

This all comes at a time when the Conservative Government here are intent on slashing the number of Welsh MPs from 40 to 32. Not only is this part of a relentless anti-devolution power grab from our Senedd, but it will cause practical confusion, as many will find themselves living in different boundaries for the Senedd and Westminster. In addition, if both elections were held at the same time, headlines would inevitably be dominated by the Westminster election, prejudicing the national debate in Wales. Despite the fact that we will celebrate a quarter of a century of devolved Welsh governance in a few years’ time, there continues to be a lack of understanding about which tier of government is responsible for which policy area. Simultaneous elections would therefore only increase confusion, a phenomenon probably encouraged by some political parties.

I gladly admit that there has yet to be an extraordinary Senedd election to date, but it is not completely out of the realms of possibility. Indeed, further reforms to the Senedd may make this outcome more likely. For example, the expert panel report on Assembly electoral reform, chaired by the formidable Professor Laura McAllister, made a strong case for the introduction of the single transferable vote system—a system that could vastly improve how connected voters feel to the democratic process but which would make coalition Government in Wales inevitable. Although I believe such cross-party governance to be a good thing, it could increase the likelihood of an extraordinary election.

[Patrick Grady]

The hon. Gentleman is making an excellent point in his speech and with his amendment. It is not entirely clear from the answer that he got from the Minister why the Government would not simply accept the proposal, for the same reason that I cited in my intervention on my hon. Friend the Member for Argyll and Bute (Brendan O’Hara)—the potential of a UK general election being used to manipulate the date of a referendum, the date of a Scottish election or the date of a Welsh election. Once again, it is the power grab that the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) spoke of.

[Jonathan Edwards]

I am grateful for the hon. Gentleman’s intervention and his point about the pre-eminence that Westminster would have over these major democratic events in Wales and Scotland.

Although these scenarios are currently hypothetical, we cannot but be vigilant when living in an age where the British Government had no shame, only a few years ago, in unlawfully proroguing this House to avoid scrutiny and parliamentary debate on the biggest political decision that the UK has faced in generations. I would appreciate it if the Minister, in closing, could shed some light on why the Secretary of State needs to retain the powers to combine extraordinary general elections to the Senedd on the same day as UK parliamentary general elections when provisions in section 5 of the Government of Wales Act allow the Senedd to dissolve itself and the Presiding Officer to propose a day to hold an election.

Before I bring my comments to a close, I would like to speak in support of other amendments and particularly new clauses 2 to 4, which would empower the legislature over the Executive and give a semblance of balance to a Bill that is inherently about enabling the Executive to dominate this House. A healthy democracy requires checks and balances between the Government and Parliament. The Fixed-term Parliaments Act 2011, which the Bill would repeal, was good for democracy as it strengthened the hand of this House in the governance of the UK.

The excuse for this Bill is the events of the 2017 to 2019 Parliament. Although I acknowledge that the current Prime Minister and his team skilfully used the deep deliberations of that time to present a Parliament in paralysis, I firmly believe that future historians will look very kindly on the role of this House during that period. Members of a legislature should never offer unequivocal support for the actions of an Executive. Our job is to scrutinise and challenge. During the period in question, this House was dealing with a hugely complex issue and carefully, through detailed deliberation, working its way through the various options. The tragedy of the events of the last Parliament is that the Opposition fell into the trap set by the Government by agreeing to the early election.

What we saw towards the end of the last Parliament was a Government willing to thrash parliamentary democracy to achieve their political goals. The amendments put forward by the hon. Member for Rhondda (Chris Bryant) seek to insure us against such similar acts in future. If he chooses to divide the Committee on his amendments, he will have my support.