Fixed-term Parliaments Bill

Lord Grocott Excerpts

Tuesday 10th May 2011 Lords Chamber

Moved by

[Lord Grocott]

8: Clause 1, page 1, line 8, at end insert—
“( ) Each five-year parliament shall include a minimum of five parliamentary sessions.”

[Lord Grocott]

My Lords, this is a very simple amendment with a very simple objective which I hope the Government will be able to accept. As the House knows, I find the Bill entirely unattractive and wish that we were simply getting rid of it, but if we are to have a Bill where there are fixed five-year Parliaments, then it follows, as night follows day, that there ought to be a rule governing the number of Sessions within the fixed five years.

It is very odd trying to put our constitution into a straitjacket, but the Government seem intent on doing so. This amendment was considered in Committee but not very satisfactory answers were given. The reason I have been inspired to table it is that whereas we normally know that a parliamentary Session will last about a year—with the exception of the first year of a Parliament, which can frequently be 18 months, from, say, May in one year until November the following year—I am sorry to say that this Government have unilaterally decided that there would be a two-year Session to begin this Parliament.

If we were following the normal conventions of our democracy then we would not be debating the Report stage of a Bill now, we would be having a Queen’s Speech. It is a year since the general election and that is the normal length of a Session of Parliament. The Government have already told us that the next general election will be in May 2015, so it seems an incredibly simple proposition that there should be five Sessions of one year each. Normally it would be completely unnecessary for me or anyone else to move an amendment requiring that this should be the case, but the Government have broken the normal rules. I do not know where the decision to have a two-year Session came from. I ask the noble and learned Lord, Lord Wallace, what consultation the Government had with the Opposition or anyone else when they decided that we should have a two-year Session of Parliament.

As we all know, the sessional discipline is part of the delicate balance between Government and Opposition. Oppositions get stronger, in a sense, as the Session progresses because the Government know that they are up against the deadline of a Queen’s Speech; and we have had, quite properly, to establish precise mechanisms to enable a Bill to be carried over from one Session to the next. I say “quite properly” because we have all recognised in the past—although apparently not now—that it would be quite wrong for a Government simply to be able to extend at their convenience the periods between Queen’s Speeches.

As I say, I do not like translating conventions into rules, but it is necessary in this case. Why are we not having a Queen’s Speech now? Why are the Government not bringing the first year of this Parliament to a conclusion in the normal way, after 12 months, making concessions on Bills—which is what Governments do towards the end of a Session—and then preparing for the next statement of the Government’s policies and legislative objectives, which of course is what we get with a new Queen’s Speech? If the Government are intent on having five years after five years after five years ad infinitum—although I am obviously delighted with the amendment that has been passed that will require any new Government to think again about this—what could conceivably be the objection to insisting in this legislation, which provides us with the opportunity, that there should be a minimum of five Sessions in a five-year Parliament?

I looked in vain, having reread the Committee stage when this was discussed, but no one spoke against it except the noble and learned Lord, Lord Wallace. Maybe it was wishful thinking on my part, but I got the feeling that he was not wildly enthusiastic about speaking against it. The only objections that he offered were that this could present problems should there be a Dissolution of Parliament under the terms of this legislation in less than five years. We all know that that is a possibility; again, it is a part of the Bill that not many of us like, but there are precise provisions for saying how Parliaments can be of a period of less than five years. If the Government have found the mechanism for dealing with a Parliament that lasts less than five years, surely it is not difficult to find a mechanism for dealing with the consequences for parliamentary Sessions. It is unfortunate that we have to go down this road but, if we have, it cannot be beyond the skill of parliamentary draftsmen to deal with that objection.

The only other case that the noble and learned Lord, Lord Wallace, offered in Committee comes in col. 526 of Hansard on 21 March. He explained why the Government decided that it would be not a one-year Session but a two-year Session; it was announced unilaterally to Parliament last September without consultation, as far as I know—although I would be delighted to be proved wrong in that respect. The explanation that was given was as follows:

“An announcement was made in September, which would normally have been between a third and half way through the Session”.

He is referring to the last Session, which should have concluded this May, as I have suggested.

“There was an option to truncate the Session about now”—

he was speaking in March—

“but it was thought that the best thing to do was to go to next year”.

The Minister is very precise with words; he is a lawyer and is careful what he says. It is not exactly truncating a Session to suggest that it should be for a year, however. It really is a fairly loose use of the word.

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

Does the noble Lord not recall that the normal practice has been for the first Session after a May election—indeed, I think that it happened with almost every Government elected when Mr Blair was Prime Minister—to last not a year but until the following autumn? So when I say truncated, I mean that there would not normally have been a Queen’s Speech this May; it would still have been in November. The first Session would probably have gone 18 months, so to have had a Queen’s Speech in March or April would have been to truncate the normal practice after a May general election.

[Lord Grocott]

The problem with that argument is that, yes, it is true that if the election is in May then normally you have the Queen’s Speech the following year, in November. But if there is an election in October—and one that I vividly remember is the one in October 1974, because it was when the noble Lord, Lord Tyler, went out and I came in—the Queen’s Speech is the following November. The convention is that the Queen’s Speech is in November and if the sequence of elections means that that does not happen, it is quite right that there is a long Session of 18 months. There is a bit of a case for that, I suppose; all Governments are wild with enthusiasm when they come in and have lots of exciting things to propose, such as Fixed-term Parliament Bills, and so on. So it goes for a longish Session. But this was a choice for the Government, once they had decided that there would be a five-year Parliament, between having a year Session or a two-year Session. If he thinks there is not much to choose between an 18-month Session, which as he rightly says obtains when there is a May election, and a two-year Session, let me say that it would have been heaven to me as Chief Whip to have had a two-year Session. There is no pressure on you and no trouble; you can spend as long as you like on Committee and Report stages, and so on. So I do not think that that argument held up very well.

I do not suggest evil intent on the part of the Minister or anyone else in the Government in this respect at all. I am simply saying that not much thought went into what was in fact a quite substantial shift of power between Government and Opposition. As I said, that is a pretty delicate matter in our parliamentary procedures in both Houses, because it shifted the balance of power substantially in favour of the Government. I thought that the Minister really gave the game away in this second sentence:

“There was an option to truncate the Session about now, but it was thought that the best thing to do was to go to next year”.—[Official Report, 21/3/11; col. 526.]

The question from where I am standing is: the best thing to do for whom? In whose interest was it unilaterally to determine that there should be a two-year Session?

I simply put two questions to the noble and learned Lord, Lord Wallace. First, was there any consultation through the normal channels about the Government's decision unilaterally to decide, for the first time in the past 30 or 40 years—I am sure that the historians could go much further—on a two-year Session which is massively to the Government’s advantage? Secondly, I really would like to know, once it was determined to be the “best thing to do”, in whose interest the decision was thought to be made. I beg to move.

[Lord Falconer of Thoroton]

My Lords, we support this amendment. It goes to the heart of this Government’s claim that they wish to empower the legislature as against the Executive. The reason it matters, as my noble friend Lord Grocott said, is that where there is a restriction on the time to get legislation through, there is a huge incentive for any Government, whatever their hue, to reach agreement with the Opposition on as many issues as possible. If they do not reach agreement on those issues, the consequence is that their legislation is delayed.

Parliament is disempowered if a Government feel able, as this one did, to double the length of a Session. This Government did so on a whim, as there was no consultation. It appears from the speech of the noble and learned Lord, Lord Wallace of Tankerness, that they simply decided to go for two years without giving any justification. This House is entitled to hear the Government's opinion on the number of Sessions there should be in a Parliament and their commitment in relation to that. Do they understand the importance of empowering the Chamber in each House by having a limit on the time available to them for the passage of legislation?

If satisfactory answers are not given, this should be put to the vote. It is an important issue. The answers must include one to the question which my noble friend Lord Grocott put, because that is really the litmus test of how committed the Government are to the idea of there being a year-on-year Session. This is another opportunity for the Government to put their money where their mouth is. Are they true exponents of what they describe as the new politics, or are they simply motivated by a desire to make their life as easy as possible—that is, the worst sort of Executive?

--- Later in debate ---

[Lord Wallace of Tankerness]

My Lords, I thank the noble Lord, Lord Grocott, for affording the House a further opportunity to consider and scrutinise this point, which, as has been indicated, he first raised in Committee. At that point I indicated that the two-year Session that we are currently in was intended as a transitional situation so that we could get into a position where we had 12-month parliamentary Sessions that fitted in, should Parliament pass a fixed-term Parliament Act.

I draw your Lordships’ attention to the Written Ministerial Statement made by my right honourable friend the Leader of the other place, Sir George Young, on 23 March. He reiterated the Government’s decision to extend the current Session of Parliament to spring 2012,

“in order to ensure a smooth transition towards five, 12-month Sessions over a Parliament, which would be a beneficial consequence of Parliament agreeing the Fixed-term Parliaments Bill”.—[Official Report, Commons, 23/3/11; col. 57WS.]

I hope that the House and the noble Lord will be assured that it is our intention that there should normally be five Sessions in a five-year Parliament. While the expectation is that future Sessions will last for 12 months, it remains inappropriate to enshrine that in statute; indeed, I think that I understood the noble Lord himself to indicate that he would prefer that working practices and conventions were not enshrined in statute. It is our intention that in future Parliaments there should be five 12-month Sessions.

In the Bill we have sought to do only what is necessary to establish fixed-term Parliaments for the United Kingdom. I am not convinced that the case has been made for legislating for the number of Sessions. The Bill does not abolish the prerogative power to prorogue Parliament, which will continue to be used to set parliamentary Sessions, nor does the Bill affect the powers of each House to adjourn. It is worth noting that the Constitution Committee has endorsed our decision not to abolish the prerogative power to prorogue.

Future Sessions after this one will last for only 12 months. The noble Lord asked me about the points that I made in Committee. When I talked about truncating this Session, that was on the basis that, as he acknowledged, when elections have been held in May or June it has been customary for that first Session to continue through to the following October or November. To have had a Queen’s Speech around now would therefore have meant truncating what had been expected at the outset.

I have made it clear that the decision to go for two years and thereafter to have 12-monthly Sessions was taken not in May last year but at a later stage. I am not aware that there was any consultation—I accept that criticism—but this was intended to be a transitional measure. By that stage, the Government’s legislative programme had been announced and it would have been very difficult if we had moved immediately to a 12-month Session for the first Session, although that could have been done if it had been thought about at the outset. I hope that the House will accept that that is the purpose of this being a two-year Session. It is not intended that this should be repeated. My right honourable friend the Leader of the other place has indicated that it would now be our intention to move to five 12-month Sessions in a Parliament.

I take the point made by my noble friend Lord Norton about this always being in the interests of Parliament. My experience in your Lordships’ House in the run-up to the most recent general election is that, with the final Session starting in November and finishing in March in order to accommodate a May election, we have tended to have a short Session that I do not believe allows proper scrutiny of legislation. This led to a very unfortunate situation in the wash-up where large parts of Bills were ditched, some of which are now on the statute book but certainly did not have the kind of scrutiny that we would normally expect. Having five 12-month Sessions will allow for proper planning of legislation. While it would be unwise to say that there will never be any kind of wash-up at the end of the final Session, one hopes that there will be far less than has been the case hitherto. One of the advantages of a fixed-term Parliament is that it will be possible to plan a legislative programme in a way that will not lead to these log-jams at the end, when much legislation is virtually nodded through.

The decision having been taken to move to fixed-term Parliaments, and since we seem—for better or worse—to have moved into a situation where elections are held in May, the Bill provides for elections in May. Therefore, it makes sense that we should have annual May-to-May Sessions. I repeat: the current two-year Session is a transition. No doubt what we gain here is that there is only a finite amount of legislative time in the Parliament as a whole if it lasts for five years. It would not be appropriate to put that in the statute. I am grateful to the noble Lord for giving me an opportunity to reiterate the position and to flag up what my right honourable friend the Leader of the other place has said on this matter. With these reassurances, I hope the noble Lord will be prepared to withdraw his amendment.

[Lord Grocott]

I am grateful to the noble and learned Lord, Lord Wallace, for that response. He simply holds a fundamental view on the constitution. So do I, but it is a different one. He is comfortable with a legislative programme being neatly sliced and organised over a fixed-term Parliament, whereas I have been straightforward with the House in saying that I am not at all comfortable with that. I like the flexibility that normally obtains with our parliamentary system. I do not even have the problem that he has with the last Session of a four-year Parliament quite frequently being a five or six-month pre-election Session. All that the Bill will do is make sure that it is a 12-month pre-election Session instead of a six-month pre-election Session. It will also lead to a lot of uncertainty.

I was straightforward with the House in saying that I was, in some respects, very uncomfortable with my own amendment. For the reasons I have already set out, I do not like putting our constitution in any more of a straitjacket than it needs to be. I am very grateful for the contributions that have been made. As ever, I find myself agreeing with the noble Lord, Lord Brooke, on most things, particularly his reference to the 1945 to 1950 Labour Government having been the greatest Labour Government. I would go marginally further and say that it was the greatest peacetime Government in the history of this country; there is only a word’s difference between us.

I was taken with the point made by the noble Lord, Lord Norton. I agree with him that maybe a year is not necessarily the best period. Maybe it is worth discussing that. I strongly believe in the convention that we have. If a Government are unable to contain their legislative programme within an agreed period of time, there should be an agreement by either House to carry a Bill over from one Session to the next only after the most rigorous tests. However, I take the noble Lord’s point. I must admit that I was stopped in my tracks by my noble friend, who reminded me that it was against the philosophy of several of us to try to put the proceedings of this Parliament into too strong a legislative framework.

The point has been made, as the noble and learned Lord, Lord Wallace, has acknowledged. It is written in blood in Hansard that there will be 12-month Sessions for the remainder of this Parliament until the happy day when it comes to a conclusion and a Labour Government can repeal the whole of this legislation. In light of what has been said, I beg leave to withdraw the amendment.

Amendment 8 withdrawn.