Fixed-term Parliaments Bill

Debate between Lord Hamilton of Epsom and Lord Dobbs

Monday 18th July 2011 Lords Chamber

[Lord Hamilton of Epsom]

My Lords, I shall not delay the House long. I supported the amendment moved by the noble Lord, Lord Pannick, for a sunset clause when it first came in front of us. I totally accept the rationale to which my noble friend Lord Cormack referred: this was part of the coalition agreement. Whether, in the words of the noble Lord, Lord Butler, this was written on the back of an envelope or a fag packet, I do not quite know, but it was certainly cobbled together to try to cement the coalition together. I always took the view that it was quite legitimate for the coalition Government to decide, if they wanted to, that they wanted to go the full five years. Indeed, the noble and learned Lord, Lord Goldsmith, made the point that that undertaking could be made by the Prime Minister because it did not need legislation. One rather suspects the reason why the coalition Government have decided that this should go into future Parliaments is to give that agreement a bit of respectability, but I cannot see why it should bind future Parliaments.

However, I will not be supporting the concept of a sunset clause this time round because the whole idea of a fixed-term Parliament is completely nonsensical and is not even worth the paper the Bill is written on. The reasons for that are those put forward by the noble Lord, Lord Armstrong. I think the Prime Minister of the day could organise things so that a vote of no confidence was achieved which would bring down his own Government even if his own Back-Benchers voted against the Government. Therefore, we could well end up with a four-year Parliament if the Liberals decide no longer to support the coalition. Indeed, four-year Parliaments could happen in the future with this Bill existing. That is the real flaw in the whole thing. There would obviously be an amazing row and accusations of bad will if the Prime Minister organised things that way but, on the other hand, knowing the way that elections kick in, that row would last 24 hours and then we would all be campaigning on the election and who we wanted as the next Government so we would all forget about how the election was brought about in the beginning.

[Lord Dobbs]

My Lords, I am rather torn over this issue—after all, I am much in favour of opportunistic Prime Ministers. I enjoy sunsets and I also enjoy flexibility and preparations for the unexpected, which is the point raised by the noble Lord. After all, I was an aide to Margaret Thatcher when, as leader of the Opposition, she advised us all to store tins in our larders for just such an event.

This is an important constitutional Bill, and sunset clauses are entirely inappropriate here. Noble Lords have questioned the manner in which this Bill has been conducted and introduced, and I share some of those reservations, but surely, even if they believe in their claim of constitutional purity, they cannot respond with a constitutional absurdity, which is what a sunset clause would be in this matter. The noble Lord, Lord Butler, suggested that no Minister in a future Parliament would ever dare argue—I quote him as far as my memory will allow—that this Bill should be overturned in order to give power back to Prime Ministers for narrow party-political reasons. Surely Prime Ministers acting for narrow party-political reasons is entirely the point. Where is the constitutional purity in that?

This Bill does not mean that elections can be held only every five years. I believe that almost all the early elections of the past 60 years could still have been held under this legislation.

I wish to be very brief because we must move on. As to the call for second and third thoughts on the part of the other place, we should be clear about the purpose of this amendment. We are not looking into a sunset here. What we are looking at are the lamps of wreckers, lined up on the cliff top, waiting to lure the ship of state on to the rocks and destroy it. No matter how much better dressed they may be than their forebears, and how much better their manners, that is still the purpose of this amendment.

This issue has effectively been decided in this House and in another place, whether we like it or agree with it or not. I would not say that to support a sunset clause on this occasion is unethical, but it is entirely inappropriate. We do not use it on any of the other constitutional Bills; it is not the time to start doing it now.