Fixed-term Parliaments Bill

Lord Dodds of Duncairn Excerpts

Monday 13th September 2010 Commons Chamber

[Mr Allen]

It is not always possible to achieve a consensus, but technical issues—whether the courts might be involved; whether the proposal might be implemented better through Standing Orders or in statute; the number of days needed after a Government have lost the confidence of the House—are the sorts of things that can be decided to everybody’s satisfaction. That does not mean that everyone will be satisfied for or against a fixed-term Parliament, but that is the purpose of a Second Reading, and that is the purpose of the final reading in this House: to say yes or no to the key principles. What we in this House are failing to deliver is technically competent, thoroughly analysed and examined pieces of legislation. That is why we have Select Committees, Public Bill Committees and the Committee stage on the Floor of the House for democratic Bills. However, we as a House are robbing ourselves of the opportunity to do that work by asking our Select Committee to come up with a report, good as it is, in two or three days.

[Mr Nigel Dodds (Belfast North) (DUP)]

I join others in congratulating the hon. Gentleman and his Committee on the work that they have done in the short time available. Can he share with the House what discussions he has had, and what explanation he has been given, about the failure to go down the route of pre-legislative scrutiny for this important piece of constitutional legislation?

[Mr Allen]

I will have to let the Minister answer that question in the wind-up. With the first Bill—on AV and boundaries—there was a desire for a referendum in May and a great rush to secure one. With this Bill on fixed-term Parliaments, which would benefit immensely from study—not delay, but getting it right—I have not really had a sensible explanation as to why it is being pushed through in the brief period when the House is back in September.

The Bill as a concept—and so without a Second Reading—could have been discussed on the Floor of the House in June or July. Without any knowledge of the Bill, we could have discussed the key principles, but it was not put before us in a way that enabled the Committee to bring sensible and serious evidence before the House. If doing things that way could become part of the process, I would be very happy, but that would really mean putting it in Standing Orders. It is no good waiting for smoke signals from Ministers or the Leader of the House; it should be the right of this House to look at legislation. That should be what we expect, not something that may be handed down with a nod and a wink.

--- Later in debate ---

[Mr Nigel Dodds (Belfast North) (DUP)]

Thank you, Madam Deputy Speaker, for giving me the opportunity to take part in this important debate. In the space of just seven days, we have faced a barrage of constitutional legislation and various announcements. Since last Monday, we have had legislative proposals on changing the voting system, reducing the number of MPs and new boundaries for constituencies right across the country within an unprecedentedly short space of time. Today we have legislation before us for fixed-term Parliaments. This morning a decision was announced about doing away with the Queen’s Speech next year and moving towards five-yearly fixed terms, with Queen’s Speeches in spring rather than the autumn. As I understand it, an announcement has also been made today about legislation to bring into effect the provision of a referendum whenever further powers are to be transferred to Brussels. In fact, most of the damage has already been done when it comes to transferring powers to Brussels, yet nothing is to be done about that—but that is a different debate.

I list those legislative proposals simply to show the difference between what is happening now and the September sittings of previous Parliaments, which, frankly, amounted to nothing more than a bit of window-dressing to impress the media that Parliament and MPs were busy about their work. We cannot accuse the Government of that in this September sitting, as some of the most meaty legislation has been introduced in a short space of time. I say that not to compliment the Government but to condemn them, as they have rushed through this massively important, incredibly significant constitutional legislative change, with at least five significant proposals, three of which are contained in the primary legislation.

As the Chairman of the Political and Constitutional Reform Committee said, the Minister and the Deputy Prime Minister have not shared with the House why they felt that the normal pre-legislative scrutiny period could not be afforded for the Bill. Given that the Bill has no deadline, and we are to have a two-year Parliamentary Session, there is no reason why we could not have had proper pre-legislative scrutiny. When the Minister winds up the debate, I hope that he will tell the House why it has been denied that.

I listened carefully to the criticism made by the hon. and learned Member for Torridge and West Devon (Mr Cox) of the piecemeal approach to constitutional change. Given the items of legislation and various constitutional proposals already brought forward within a very short space of time, it is obvious that there is no overall, co-ordinated, strategic approach. I favour pre-legislative scrutiny of Bills as they come forward, but the case has been made powerfully—the plethora of legislation makes the case—for a much wider consultation and consensus-building exercise when it comes to changes to our constitution, changes to how Parliament operates and changes to how our parliamentary democracy functions. It cannot be right that such major changes are introduced in a piecemeal fashion, to suit the whims of the coalition Government.

Surely we should proceed on the basis of not just pre-legislative scrutiny, but a constitutional convention involving all parties, the wider community and the public, so that people sit down and discuss properly the way forward for the constitution of the United Kingdom. Now that we have devolved legislatures, Executives and Governments in Northern Ireland, Scotland and Wales, that is all the more important. In all the debate, where have those Governments and legislatures been properly considered? That lack of consideration is only one illustration of how the Government have thus far not adhered to the respect for the devolved legislatures and Administrations about which the Prime Minister spoke when he first took office. That respect agenda has not been evident in how the Government have operated so far, certainly in relation to major constitutional issues. I appeal to the Government to build a consensus on the issues and to consult. These constitutional issues are far too important to be treated as matters of party politics, or issues to be pushed through the House as other legislation and policy issues can be at times, and should be given much wider consideration.

Last week, I put forward criticisms of the Parliamentary Voting System and Constituencies Bill, but in principle I support fixed-term Parliaments. Many hon. Members will take different views on the different Bills. Some are in favour of the alternative vote and the boundary changes, but are against fixed-term Parliaments. Some favour fixed-term Parliaments, but are against other aspects. That shows that we need a co-ordinated approach, with a much wider, in-depth consideration of how the different pieces of legislation fit together.

On this Bill, I agree that a fixed-term Parliament is important, and I am delighted that the 55% threshold has been removed. I agree with the right hon. Member for Blackburn (Mr Straw) that it was removed purely because it would never have got through the House. I am also pleased that the Government have dealt with the lame-duck Parliament issue, by building in provisions for a 14-day period to allow an alternative Government to be formed. A fixed-term Parliament has the advantage of removing from the Prime Minister of the day the ability to go to the country on the basis of the best interests of his or her party, not those of the country at large. It takes away the period of intense election speculation that can arise—even in the middle of a Parliament, as we saw in 2007—and to which everything else is made subject.

Although I welcome the principle of the Bill, there are issues that need to be addressed in Committee. For instance, some of the issues that have arisen in the debate illustrate that the Bill does not provide the certainty that people thought. Under the Bill as it stands, the Government of the day could engineer a vote of no confidence so that they could go to the country at the time of their choosing. If the Prime Minister has given up the power to go to the palace to seek a Dissolution of Parliament, what is the position in relation to a constructive vote of no confidence brought about by the Government of the day? As we know, Parliament cannot bind its successors, so any subsequent Act of Parliament can, on a simple majority, overturn a previous Act of Parliament. Despite the Bill containing a 66% threshold, any future Act of Parliament introduced by the Government of the day, were they so minded, would pass by a simple majority. Therefore, the Bill does not provide, as some have claimed, certainty for ever.

The hon. Member for Ceredigion (Mr Williams) addressed the issue of the dates of the electoral cycle. I join those Members who have raised concerns about the coincidence in 2015 of the general election and elections to the Northern Ireland Assembly, the Welsh Assembly and the Scottish Parliament. I listened carefully to what the Deputy Prime Minister had to say, and it struck me that his comments were perhaps made on the hoof—I do not get the impression that a lot of consideration had been given to the point prior to the debate. He said that he would address the matter, think about it and discuss it. Will the Minister reassure the House that consultation with the devolved Administrations will be genuine, and that when the Deputy Prime Minister speaks to the folk in Northern Ireland, Scotland or Wales, he will not simply go away and then come back and impose a solution? The proposal must be agreed with the respective devolved Administrations. It will be totally unacceptable if the assurance given by the Deputy Prime Minister amounts to nothing more than the usual consultation. The consultation must be genuine and must respect the views of the devolved Administrations.

[Mark Durkan]

When the hon. Gentleman uses the term “devolved Administrations”, is he using a generic term? Is he saying that he wants the commissions or bodies corporate of the devolved institutions of the Parliament and the Assembly, rather than just the Executives, to be consulted?

[Mr Dodds]

I am happy to give that assurance. That is exactly what I mean. I think that this matter is far too important for all those institutions and bodies not to be involved, and that there must be a consensus. I end where I began: with the need for consensus on these important matters, between the Government here at Westminster and the devolved Administrations and their various organs, and within those bodies. The issue is too important for people to play party politics with it.

[Several hon. Members]

rose—