Constitution and Home Affairs Debate

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Department: Cabinet Office

Constitution and Home Affairs

Lord Beith Excerpts
Monday 7th June 2010

(14 years, 5 months ago)

Commons Chamber
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Jack Straw Portrait Mr Straw
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I should also tell hon. Members that if they were to read section 3 of the 1998 Act, they would find that if, for example, the First Minister is voted out by a simple majority and after 28 days no new First Minister has been voted in, an election has to take place. That is done by a simple majority, so the only effect of this provision is to delay matters by requirements relating to a simple majority and 28 days. There is no parallel, whatsoever, in these arrangements, and the hon. Member for Wyre and Preston North knows it.

Lord Beith Portrait Sir Alan Beith (Berwick-upon-Tweed) (LD)
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Will the right hon. Gentleman give way?

Jack Straw Portrait Mr Straw
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Of course I will give way to a Liberal Democrat—why not?

Lord Beith Portrait Sir Alan Beith
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Is the right hon. Gentleman’s real view that the Prime Minister’s unfettered power to call a general election at a time of his choosing should be retained and that we should not have fixed-term Parliaments, or is he proposing an alternative mechanism, be it the Scottish Parliament’s combination of a 66% threshold and a one-month rule or some other mechanism?

Jack Straw Portrait Mr Straw
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I do not understand. Either this has been done for partisan reasons—[Hon. Members: “Answer the question!”] Of course, I am going to answer the question—I always do—but I am allowed to answer the question in my own way. The right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) and I have been debating this for long enough. I say to him that either this has been done for the most crude of partisan reasons, or the Government have simply misunderstood how they can establish fixed-term Parliaments and take away the right of the Prime Minister to recommend Dissolution before then. It is very straightforward. We can legislate for fixed-term Parliaments—our view is that we ought to go for four-year, not five-year, Parliaments—and we can also legislate to take away the power of the Prime Minister to recommend Dissolution before then, but what we should not do is legislate to take away the power of the House of Commons to remove a Government. I am afraid that they are doing that on some curious and spurious arithmetic.

In the same speech in which he talked about the 1832 reform Act, about which I have had to correct him, the Deputy Prime Minister also said:

“We are not taking away Parliament's right to throw out Government; we’re taking away Government's right to throw out Parliament.”

That is utter nonsense. It is casuistry in the extreme. We are talking about the Government’s right to throw out Parliament and we are talking about Parliament’s right to throw out the Government.

I remind the House of an excellent article in The Daily Telegraph, inserted by the right hon. Member for Haltemprice and Howden (Mr Davis), in which he says that the 55%-majority plan will “taint” the “New Politics” and that to

“introduce such a measure in this way is simply wrong.”

He goes on to say:

“The requirement for a 55 per cent majority to dissolve parliament, and thereby dismiss a government, dramatically reduces the ability of Parliament to hold the executive to account. It is a major constitutional change, possibly one of the greatest since 1911.”

He also draws attention to what would have happened in 1979, which some of us will recall, when the Government of the day lost their majority by one vote. The then Leader of the Labour party and the Government said that there would have to be an election—it followed like night follows day. People talk about having a period of looking at a coalition in such a situation, but what do they think was being done in the days leading up to that vote but searching for a coalition? It was precisely because one was not available that the Government ran out of numbers and the vote was lost. In that situation, when there had been a vote of no confidence in the Government, the Labour Government could have carried on—they might no doubt have wished to—until the following October, because the 55% threshold would not have been achieved. If that had happened, they would have been in the ludicrous and wholly undemocratic position—