Dissolution and Calling of Parliament Bill

Lord Kennedy of Southwark Excerpts

Committee stage
Tuesday 25th January 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I agree with the noble Lord, Lord Norton, that it does not have to be agreed by Parliament, but the Cabinet Manual is a really interesting document. I remember when it came out; other noble Lords might remember it as well. I believe it was triggered and inspired by the then Government and the then Cabinet Secretary, who is a Member of this House. It is a pity that he is not here because he could play a big part in the short debate that we are having on this question.

For those who have never seen it, it was a fascinating document because it encapsulated the conventions that had existed for many years but had never been codified in any way. It was very useful. I feel very sorry, incidentally, that, for a debate such as this, the noble Lord, Lord Hennessy of Nympsfield, is not here to take part. Our debates would be hugely enriched by having him here; of course, he coined one of the phrases of recent times, the “good chaps theory of government”. Many of the things that we have been discussing have illustrated ways in which people feel that we are departing from that theory and we are discovering that our constitution is capable of being abused. I do not want to go back over history, but we would not have had the discussion that we had about Clause 3 and references to the Miller case without that being an obvious example, and there are others.

Of course, this will not be pressed to a Division tonight, but a great deal more attention should be paid to the Cabinet Manual. I am rather unclear as to how it could be revised and who would be involved in doing it. A noble Lord said earlier that we were talking about where power lies in our constitution. When I visited a school recently, I recommended that the students read the Cabinet Manual, or at least have it to hand, because if they wanted to understand our constitution, that was an essential part of it. The sixth-formers looked at me rather blankly and I do not blame them in the slightest. That does not mean to say that I was wrong, because it still is very important. I am not sure how it could be updated, but it would be a very good thing. It is rather like when Gandhi was asked what he thought of civilisation in Britain and he replied, “Well, I think it would be a very good thing.”

Nevertheless, I support the spirit of the amendment and I would be interested to know whether we are going to come back to this on Report. If so, I hope to play a modest part in the debate at that stage.

[Lord Kennedy of Southwark (Lab Co-op)]

I just want to say how much I enjoyed my noble friend’s speech. I very much agree with his points and those of the noble Lord, Lord Norton of Louth. The Cabinet Manual is an important document. It is a government document, not a parliamentary one, but we need to ensure that it is used properly and respected. That is a very important point to make.

Dissolution and Calling of Parliament Bill

Lord Kennedy of Southwark Excerpts

3rd reading
Thursday 24th February 2022 Lords Chamber

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, I thank your Lordships’ House for its expertise and careful work on the Bill. It has again demonstrated the constitutional, legal and political expertise that makes this House such a remarkable revising Chamber. The Government have valued those exchanges, as have I. I particularly thank the noble Baroness, Lady Smith of Basildon, the noble Lords, Lord Kennedy of Southwark, Lord Wallace of Saltaire and Lord Butler of Brockwell, the noble and learned Lord, Lord Judge, and the Front Benches for their co-operation and discussions.

We disagreed on the question of whether there should be a role for the other place over Dissolution. However, although we do not believe it is good practice for this place to seek to dictate procedure in the other place, we will of course now properly await their further opinion on this point. The Government will oppose your Lordships’ amendment in the other place, for all the reasons that I set out during the passage of the Bill. Our intention was to repeal the Fixed-term Parliaments Act, and that remains our intention.

In conclusion, I thank the dedicated Bill team for its hard work over so many months, which I am sure was appreciated by colleagues on all sides. I thank all noble Lords who have taken part for their dedication in scrutinising the Bill and for their courtesy in our many meetings. It has been an honour to assist the Bill’s passage and serve your Lordships, and I beg to move that the Bill do now pass.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, on behalf of my noble friend Lady Smith of Basildon, who is unable to be with us this morning as she is having a briefing at the moment, I thank the noble Lord for his usual courtesy in dealing with the House and for taking this Bill through it. I also thank the Bill team for the meetings that took place. As he said, we have had scrutinised the Bill well and made one change. We have sent that back to the other place, and we will wait for it to come back to us, and then we will have further debates on that. I know my noble friend is very grateful for the co-operation we have received on the Bill going through. I sat in on many of the debates, and the other Benches were fascinating to listen to. I think we have done our job well and properly, and we await the decision of the other place. I give our thanks to the noble Lord, other Members, the officials and the team in the Labour Whips’ Office for what they did.

[Lord Wallace of Saltaire (LD)]

My Lords, I add my thanks. It is important that we conduct legislation in the House, and off the Floor in between the different stages, in the way we did on this Bill and I hope will do also on the Elections Bill—a much longer and more complex Bill. Indeed, we discovered on Second Reading of that Bill yesterday that abolishing the fixed terms for Parliament has knock-on effects for third-party campaigning—a point made in yesterday’s debate. We in this House often deal with the complex interdependence of different aspects of the rules that govern our democracy. There will be a rising tide of opinion inside and outside Parliament that we need to look at some of these things fairly soon together, rather than in one chunk after another. I regret to repeat—the Minister will hear it yet again—that I did agree with the part of the Conservative manifesto that said there should be a constitutional commission. I hope it will be in the next Conservative manifesto, and I hope it will be in the manifestos of other parties and that it will then happen. Having said that, I look forward with interest to how the Commons will respond to the Lords amendment, and perhaps it will return here.