Fixed-term Parliaments Bill

Lord Howarth of Newport Excerpts

Tuesday 15th March 2011 Lords Chamber

Moved by

[Lord Howarth of Newport]

5: Clause 40, page 25, line 35, after “not” insert “materially”

[Lord Howarth of Newport]

My Lords, I hope that Amendments 5 and 9A will be of some interest to the House. They would introduce a flexibility to hold a general election at any time in the fifth year of the Parliament. Amendment 5 deals with this particular Parliament and Amendment 9A deals with subsequent Parliaments. They still provide for Parliament to be fixed, but with flexibility between four and five years. They recognise that there are important objections to the term of Parliament being fixed for a full five years. The objections, which have been explored in our debates earlier in the day, are that accountability is diminished, that elections would take place less frequently, that the accountability of Members of Parliament to electors is therefore reduced and that the accountability of the Government to electors is reduced. Furthermore, if you insist on fixing the term of Parliament for a full five years, you are liable to find that you require an exhausted Government to totter on into a fifth year and probably expire at the end of it.

My amendments also recognise the widespread view within our political culture that, assuming that a Parliament is still viable, for the Prime Minister to call an election before five years are up is opportunistic, exploitative and an abuse. On the other hand, it is widely accepted that to call an election after four years have passed is acceptable. We saw that in the Parliaments of 1979-83, 1983-87, 1997-2001 and 2001-05. I do not think that anybody complained when either Mrs Thatcher or Tony Blair called an election after four years on those occasions. It was regarded as entirely within the reasonable understanding of our constitution.

These amendments would allow a continuation of the four-year norm—it has been typical that Parliaments have lasted for around four years in the post-war period— while respecting the principle of the five-year maximum which was legislated for in 1911. When Mr Asquith proposed that legislation in 1911, he envisaged that while there would be a maximum of five years the probability would be that elections would tend to take place some time around the end of the fourth year, or not long thereafter. That was prophetic and has proved indeed to be the case. These two amendments would simply institutionalise what has become convention and practice and, on the whole, has been found to be satisfactory by the people of this country. I beg to move.

[Lord Brooke of Sutton Mandeville]

My Lords, I shall be extremely brief but I told myself that if anybody else brought Mr Asquith into the debate yet again I would take advantage of his reappearance to make a single point. In the Earl of Oxford and Asquith’s memoirs, he describes the debate within the Liberal Cabinet in the period leading up to the First World War in relation to the Marconi scandal in which the then Attorney-General was somewhat embarrassed by his behaviour. I think that it was on the issue of shares. I am astonished that the Prime Minister put this into his memoirs, but the outcome of the Cabinet discussion was that they were at no real parliamentary risk because it was absolutely clear that the Conservatives would be too stupid to take advantage of it. There was one dissenting voice, which was Winston, who had of course once been a Tory.

The Opposition say, again and again, that the purpose of the Bill is to provide glue in the coalition relationship. In responding to that, remembering what had happened in Asquith’s Cabinet, I asked myself, “Is it really because they want to be helpful to the coalition that they go on repeating this?”. I recall in the process C S Lewis’s happy remark that if you hear about someone going around doing good to others, you can always tell the others by their hunted look. It occurred to me that there was some degree of overlap between the argument that we need a Parliament shorter than a five-year one and the Opposition’s view, set out during the passage of the Parliamentary Voting System and Constituencies Bill, that it would be helpful if the country had the opportunity of expressing its opinion at the earliest possible opportunity, when it so happened that there might have been some degree of parliamentary advantage to the Opposition in that happening. I hope, diffidently, that as the Bill progresses we will not have suggestions made in either direction that we are all engaged in this for short-term parliamentary advantage or that we are all concentrating totally on the good of the nation and the constitution.

--- Later in debate ---

[Lord Wallace of Tankerness]

My Lords, we have indicated that we will move towards a May Queen’s Speech. There is a legislative programme and I do not think the number of Bills in this first Session matches the numbers in some of the first Sessions of the previous Administration. This Bill is not yet on the statute book but if it is passed, I believe that we will see a much more orderly planned programme than I have seen since I came into this House, certainly in the final Session.

[Lord Howarth of Newport]

My Lords, this has been a better debate than it looked like being. We were not exactly playing to a packed House at the beginning but more and more noble Lords have stood up and made short speeches that have been to the point and very interesting. I am particularly grateful to the noble Lord, Lord Norton, for his support. At least, I think I had his support for the amendment. If so, that was quite something because I, like other noble Lords, hold his views on the constitution and constitutional reform in the very greatest respect. He is quite right to press the Government to provide an evidential base in support of the propositions they put to the House in their legislation. I do not think that the noble and learned Lord, Lord Wallace of Tankerness, was able to respond with the evidence that the noble Lord, Lord Norton of Louth, sought.

My observation is a little bit like his: I simply do not see it as being the reality that politicians plan systematically. They talk endlessly about strategies, but I have yet to see a politician who is capable of developing and sustaining a strategy over a year, let alone four years. It is wholly unlikely that the culture and work and behaviour patterns of either House of Parliament would be so dramatically changed as a consequence of knowing that the span of this Parliament was to be fixed for five years. Politicians improvise, and it is greatly to their credit that they do so—they need to. It is part of their responsibility to be responsive to public opinion and the shifts and tides of opinion and events; they are not good politicians if they are not. That is not to disparage or to criticise them. I would have a horror of a Government who were so tunnel-visioned and so rigid that they set themselves a five-year plan at the outset of a Parliament and determined to stick to it. It does not seem to correspond with political human nature, and it is an entirely spurious justification for introducing fixed-term Parliaments.

One has only to look at the ad-hocery that we have seen in this first year of the coalition Government, as the noble Lord, Lord Cormack, suggested. We have seen this Government attempt to get away with establishing a requirement for a 55 per cent vote to have an early general election. It was like a leak except that it was brazenly published in the interesting work of autobiography, memoir, history, political science or whatever it is by Mr David Laws, who candidly acknowledged—my noble friend Lord Hunt quoted from this interesting volume—the unembarrassed, shameless and self-interested calculation on the part of Mr Stunell for Liberal Democrats and Mr Osborne for the Conservatives. The noble Lord, Lord Brooke, supported by my noble friend Lord Grocott, reminded us that we have a responsibility when we address questions of constitutional reform not to dress up our views and even our calculations of party political interest in high-flown constitutional sentiment—I suppose the term is not to be hypocritical. My noble friend is quite right that we are all susceptible to that temptation. It may well be that, from his vantage point there in the corner, the noble Lord, Lord Brooke of Sutton Mandeville, is better able to spot when that aberration, that corruption, is occurring than many of us who are more impulsive participants. He was perfectly right. I suspect that I am simply too naive to make an effective calculation of party political interest. In a rather old-fashioned way, I think that it is our job to try to get all this right.

I dispute the suggestion of the noble Lord, Lord Tyler, and the noble and learned Lord, Lord Wallace of Tankerness, that my amendment would drive a coach and horses through the principle of a fixed-term Parliament, because it proposes a fixed term within a tolerance of one year. It is a fixed term with a sensible flexibility. It is a compromise, but there are many compromises already in the legislation. The Government have introduced what the noble and learned Lord, Lord Wallace of Tankerness, was candid enough to refer to as escape hatches. If the Government can introduce escape hatches, is it not in order or appropriate for us to amend this legislation to provide some pragmatic flexibility to enable the term of the Parliament to run between four and five years? That is a compromise between a fully fixed-term Parliament and the situation that we have at the moment where it is open to the Prime Minister, answerable to no one, to determine the date of the election. I believe that, previously, the date was for the Cabinet to determine. It was Lloyd George as Prime Minister who took it upon himself, on his own single initiative, to exercise the prerogative power, as one could term it, to call upon Her Majesty to dissolve Parliament.

What I am proposing lies somewhere between the two extremes. In reality, when you are legislating on most matters, you need to provide for a sensible degree of flexibility so that in practice people can carry things forward in a realistic way. The noble Baroness, Lady Stowell of Beeston, said that it would undermine one of the great benefits of the Bill as she sees it; the requirement of the Prime Minister and the Government to face the electors on a pre-determined date. The proposal does compromise on that, but it still means that there will be a pre-determined date in the fifth year of the Parliament. I think public opinion would find that quite acceptable.

The noble Lord, Lord Pannick, absolutely rightly said that in this Committee we are all being driven to tinker with a fundamentally misconceived policy. I agree with him; I do not support fixed-term Parliaments. But we are, as the previous Prime Minister Mr Blair used to say, where we are. The Bill has received its Second Reading. It is not for us to seek to overturn the principle of the Bill that there should be fixed-term Parliaments. It is for us to limit the damage that this legislation may cause. The noble Lord, Lord Pannick, suggested that perhaps the least bad way forward would be to legislate for this Parliament alone and to drop the idea of having fixed-term Parliaments after the expiry of this Parliament. I suggest that it would be deplorable to legislate to rescue the coalition from its political difficulties; to provide some sort of lifeline to coalition partners who do not agree with each other and do not trust each other and have asked Parliament to bail them out of that predicament. That would not be a proper way for Parliament to spend its time. On the other hand, I am tempted to agree with the noble Lord, Lord Pannick, that it is less bad to do that than to saddle our country and our constitution with fixed-term Parliaments in perpetuity or until Parliament decides that it was not a good idea after all and therefore we should undo the legislation.

The debate on this amendment is really an amuse bouche before the important debate on Amendment 11 which we will have next week. That will be the debate on whether we should amend the Bill to provide for a fixed-term Parliament of four years in clear-cut fashion and without the compromise and flexibility that I have suggested. That is the amendment in the name of my noble and learned friend Lord Falconer, my noble friend Lord Bach and the noble and learned Lord, Lord Lloyd of Berwick. That will be a major debate.

[Lord Tyler]

I wonder whether the noble Lord recognises that if he had not spoken at such length we could have progressed on to Amendment 11 this evening.

[Lord Howarth of Newport]

I assure the noble Lord that that is absolutely not the case.

We have had a useful exploratory debate on the issue of four and five years. The House ought always to listen with special care to the noble Lord, Lord Martin of Springburn. As a former Speaker of the House of Commons, he understands that House in a way that few others do. The noble Lord has given us some reasons why Parliament should favour a four-year fixed term rather than a five-year fixed term and we should meditate on what he said. In the mean time, I beg leave to withdraw this amendment.

Amendment 5 withdrawn.