Dissolution and Calling of Parliament Bill

Lord Hayward Excerpts

2nd reading
Tuesday 30th November 2021 Lords Chamber

[Lord Hayward (Con)]

My Lords, I am late in the speaking order today, and I have therefore decided that I shall fillet the comments that I was going to make, because many of them have already been made—but I will identify those whose comments I particularly agree with.

First, I observe that it would appear that it is a good idea to distribute a magazine free of charge to all Members of the House, because I have rarely heard the New Statesman quoted so often by so many speakers.

Briefly before I come to the crux of my observations, I will return to the comments made by the noble Lord, Lord Rennard, in relation to shortening or not shortening an election period. In paragraph 2.15 the Joint Committee said:

“We would like to see a significant reduction in the election timetable, insofar as this is compatible with ensuring the register is up to date and proxy and postal votes are possible”.


I share the concerns of the noble Lord, Lord Rennard, about any form of shortening of the timetable unless there are substantial changes to election law as it currently stands—and I do not see that happening, as he did not either.

I return to the other part of the main thread of the debate: Clause 3, the ouster clause. I should of course favour this legislation. Removal of the Fixed-term Parliaments Act will allow a certain Lord Hayward to appear on radio and television any number of times, guessing what the election will result in in terms of a majority for whom and in whatever form—so it is great to abolish this legislation. What I do not understand in relation to Clause 3 is that, in the autumn of 2019 and in December 2019, had there been an election without the Supreme Court decision, the Government would not have secured a majority of the size they did, because they were able to achieve a deal and therefore were in a very different position. Therefore, why Clause 3 should be there saying “Well actually, we want to penalise the judiciary for having taken action which produced—in my mind—a larger Conservative majority” makes no sense whatever.

More importantly, as other Members of this House have said this afternoon, it seems to be bad law to set about saying, “We are going to say that these things cannot be considered by the judiciary.” As has been pointed out, it is downright difficult to achieve that phraseology anyway, but I am afraid that I agree with the vast majority of noble Lords who have spoken, including the noble and learned Lord, Lord Hope, my noble friend Lord Norton, the noble Lord, Lord Lisvane, and, albeit using different phraseology, the noble Lord, Lord Rooker, that it is unacceptable for us to try to go down that route. One of the pillars of the British democracy is the strength of our judiciary working along- side Parliament. Long may it continue to be so.