Fixed-term Parliaments Bill

Lord Bach Excerpts

Monday 21st March 2011 Lords Chamber

[Lord Desai]

My Lords, I have already raised my worries about the extension power that a Prime Minister has beyond five years. On this group of amendments I am aware that there is a problem, but I am not as worried as my noble friend Lord Howarth about the Prime Minister's ability to go to the country earlier than five years. I do not mind that.

I very much worry about the two-month extension beyond the five years. It would be very reassuring if the Minister took away, for example, the amendment of the noble Lord, Lord Norton, and produced a schedule of possible circumstances. I know that nothing is certain—there can always be the black swan which we cannot anticipate—but if we were told under what circumstances a Prime Minister could be permitted to go to Parliament about a postponement, that would put my mind at rest.

In a sense, this power goes beyond the 1911 Act, and we should take it very seriously. I calculate that, given the current date of election in the Bill, there will be 61 days in the two-month delay; 61 is not a perfect multiple of seven, so the Prime Minister may be tempted to go for 63 days. One can go on like that. We need some idea of the circumstances in which a Prime Minister could claim.

Secondly, as the noble Lords, Lord Rennard and Lord Cormack, said, the provision should be brought to both Houses of Parliament. We have a constitutional position in this question, and it should not be left to the other place alone. I can envisage circumstances under which a Government with a two-thirds majority could arbitrarily give themselves authority to extend the election for two months. I would be very worried about that.

We should have safeguards in the Bill to make sure that both Houses are consulted, that we know the possible circumstances under which the Prime Minister can exercise the power and that we can be certain that such powers will be used only in exceptional circumstances.

[Lord Bach]

That was a most interesting, if short, debate on an important series of points. From the Front Bench, I thank all those who have taken part and who have drafted and spoken to their amendments.

I will be very short. The case has been made out that an earlier calling of an election should not be in the Bill at all. I very much look forward to hearing the noble and learned Lord, Lord Wallace of Tankerness, explaining to us the circumstances in which that might be even feasible under a fixed-term Parliament. I am absolutely with those who have spoken on that and tabled amendments on it.

As for postponement, the Committee should be grateful to the noble Lords, Lord Norton and Lord Rennard, and others on those Benches who have tabled Amendments 24 and 25. We see the strength of what they argue. I just add one caveat and invite them, before we get to Report—because this is a very important matter, as the noble Lord, Lord Cormack, said, and might well be divided on then—to see whether their wording is absolutely right. I am sure that they intend to.

In 2005, under our present system and four years into a Parliament—not five years into a five-year fixed Parliament—his Holiness the Pope died. As I understand it, the general election plan for a certain date was postponed for a week because of that fact. No doubt various considerations were thought about very carefully: some people were grieving; others had things on their mind. That was considered and made public—it was not hidden away by politicians as a calculation.

[Lord Rennard]

My Lords, in my recollection of 2005, the general election happened on the same day as the council elections, which had been agreed and planned for years. There was no postponement in 2005, not even by one week.

[Lord Bach]

My understanding is—and if I am factually wrong of course I apologise—that all elections were put back one week in that year for that reason. I use it by way of example if it is not factually correct. In other words, if something has happened that is important to many millions of potential voters, does it fall in to Amendment 24, tabled by the noble Lord, Lord Norton? If it does not, should some account be made for such unforeseen circumstances that might affect turnout or a number of issues? That may not be the best example, but one can think of other examples of the same kind.

[Lord Tyler]

Is that not a very good argument for adopting the solution that we are proposing that it should then be a political decision and that we do not try to foresee unforeseen circumstances? I speak as somebody who fought a by-election at the height of the Falklands war. That was unforeseen, but I did not think that that was an improper occasion to hold an election. What was significant about 2001 and foot and mouth was that it was impractical to ask people to go to the poll in large areas of the country, including my own. That was what was particular about those circumstances. Therefore, I think the solution that we are proposing from these Benches is preferable. A political consensus across the two Houses of Parliament is preferable to trying to write in advance circumstances that are by nature unforeseen.

[Lord Bach]

The Committee will see the powerful nature of the argument the noble Lord, Lord Tyler, makes, but whether that absolutely precludes some amendment of the type that the noble Lord, Lord Norton, has put before the Committee tonight, I am not so certain. To have both would be a kind of double of lock that would not exist if we just relied on Parliament in this instance. There may be other instances that are not covered by Amendment 24 that the noble Lord, Lord Norton, might want to consider. That is our position at the moment. We are slightly sceptical that the solution has yet been found.

How wonderful it is to see the noble Lord, Lord Rennard, in such fighting form on this Bill. We missed that fighting quality so much in the weeks and months that we spent on the previous Bill. Keep it up.

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, I think my noble friend Lord Rennard, with his spirit on the previous Bill, managed to get some concessions out of the Government. Who knows what might happen?

Before addressing the amendments that have been spoken to in this group, I shall briefly speak to Amendment 26, which is a government amendment and implements a recommendation made by the Delegated Powers and Regulatory Reform Committee. In common with the other amendments in this group, it concerns Clause 1(5), which confers a power on the Prime Minister to vary the date of a general election by up to two months earlier or later by order, subject to the affirmative procedure.

I am sure the House will be grateful to the committee for the careful scrutiny it generally gives to legislation but has specifically given to the Bill. In its report, the committee concluded that the delegated power taken in Clause 1 was not inappropriate in principle and recommended that, when seeking to vary the date of an election under the power in Clause 1(5), a Prime Minister must lay a statement before both Houses setting out the reasons for proposing the variance of the date.

The committee itself recognised that it would be unrealistic to specify a constraint which would embrace all the possible circumstances in which it would be appropriate to change the polling day. Instead, this is why the committee focused on the importance of ensuring that each House is fully aware of the reasons why the Prime Minister has proposed changing the polling day. That is an approach with which the Government agree. I am sure that your Lordships will be pleased to hear that the amendment implements the committee’s recommendation and provides that a statement must be laid before both Houses of Parliament setting out the reasons for proposing a change to the date of a scheduled general election. I certainly urge your Lordships to accept this amendment when the time comes.