Fixed-term Parliaments Bill

Lord Lloyd of Berwick Excerpts

Monday 21st March 2011 Lords Chamber

Does the noble and learned Lord not think that maybe five years is the wrong length of time and that four years is right? If he is not able to persuade the coalition to change its mind, I hope that this House, having considered the evidence, will conclude that the right way to protect the constitution is to support the amendment and reduce the period of the fixed term to four years. I beg to move.

[Lord Lloyd of Berwick]

I will make a brief speech since I have put my name to the amendment. In the course of his reply at Second Reading, the noble and learned Lord, Lord Wallace of Tankerness, described the question now before the Committee as “the key issue”. He went to on to say that,

“there is no absolutely right or wrong answer in that regard—it is a judgment”.—[Official Report, 1/3/11; col. 1044.]

That point has been made by many noble Lords in the course of the debate. Unfortunately, to describe something as a question of judgment does not necessarily make the answer any easier but it does, I suggest, point the way to the right starting place. In this case, that must be to look at what other sound judges have said on the subject, especially those who have made a study of our constitution. That is surely a better approach than simply, for example, counting up the number of countries worldwide which have chosen five years rather than four, or four years rather than five.

I wish to start with two of the witnesses who gave evidence before the Select Committee, Professor Dawn Oliver and Professor Bogdanor. It happens that I know them both; they are both pre-eminent in the field of constitutional law and practice and they both say that they would choose four years rather than five. So did Professor Bradley—and I hope that the Committee will forgive me for simply mentioning their names, without quoting from them—along with Professor Padgett, Dr Milner and Dr Fox. None of those witnesses who gave evidence expressed a view in favour of five years. In the other place, Professor Robert Hazell preferred four years, as did Professor Blackburn, whose evidence is important because he is the man who has made a particular study of this very issue. So the professional evidence is really unanimous; it is certainly all one way. In the Constitution Committee, the noble Lord, Lord Renton, tested the witnesses giving evidence, but it is fair to say that they did not hedge in any way, or flinch from what they had said. So it is not surprising that the Constitution Committee came down as strongly as it did in favour of four years. In contrast, the Government’s reply to the committee’s report, in paragraphs 12 to 15, seems feeble in the extreme.

If academic evidence was all one way, so also with two or three notable exceptions were the views expressed at Second Reading in this House. I have in mind the noble Lord, Lord Anderson—again I shall simply list the names—and the noble Lords, Lord Hennessy, Lord Grocott, Lord Norton and Lord Morgan, and the noble Baroness. Lady Taylor. I would assume that the noble Lord, Lord Plant, was also of that view, having regards to the conclusions of the Plant commission, although he did not in fact mention this particular point in the course of his speech.

Of the notable exceptions, I regret very much not being able to agree with the noble Lord, Lord Armstrong, or the noble Lord, Lord Marks, who favoured five years rather than four because they thought that four years would not allow long enough for sensible policy-making and parliamentary debate. I accept that during the fourth year of a four-year Parliament the coming general election would begin to loom large but, even so, four years is surely long enough for the electorate to judge the Government’s performance to date. That is what in a democracy matters most and it is what Professor Oliver meant—I think it was her—when she referred to the democratic deficit if we chose five years rather than four. That is clearly what Professor Bogdanor meant when he said that five years would make Parliament less accountable to the public. In addition to those theoretical arguments from eminent experts, there is the practical argument that four years fits in better with the devolved institutions.

So what are the Government’s arguments in favour of five years? They are not altogether apparent. I looked carefully at what Mr Harper, the Minister in charge of the Bill, had to say on the subject when he was pressed by the noble Lord, Lord Powell of Bayswater. He said:

“If we had been starting with a clean sheet of paper, we might have reached a different conclusion, but we started from our existing position where the length of a Parliament is up to five years”.

He was saying that the Government might well have chosen four years but for the fact that five years is the current maximum under the Parliament Act 1911. I simply do not follow the logic of that argument. If we are trying to do our best to find the right number of years for a fixed term of Parliament by taking all relevant factors into account, surely of all the factors the current maximum is the least relevant, unless you take as your objective giving the Government of the day, whether they be Labour or Conservative, as long as possible within the existing maximum. The objective should be entirely different; to make the Government and, indeed, Parliament itself more accountable to the public.

In conclusion, briefly, what is before us today is a constitutional issue. It is not, perhaps, of the greatest importance but it is certainly of some importance and it would therefore be highly desirable to reach a consensus if we can. Unfortunately, there is no room for a compromise between four years and five years. We often reach a consensus in that way but no one, I think, suggests a fixed term of four and a half years. When the Government chose five years, they could not have had before them the evidence which is now before us so, like the noble and learned Lord, I hope very much that they will give way on this occasion and accept the amendment. If they do not and insist on their opinion in this matter, despite the great weight of opinion the other way, there will be little point in anyone ever giving evidence before Select Committees again. They will simply be wasting their time. For that reason, I will support the amendment.

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[Lord Butler of Brockwell]

My Lords, I decided to intervene briefly in this debate because I felt that the arguments advanced by my noble friend Lord Armstrong at Second Reading had not been given voice and because he was not in his place. He now is in his place and I think that he could put them a lot better than I can. They have been referred to, but I should like to reinforce them.

Like other noble Lords, I do not like this Bill. It is an unnecessary Bill. As the noble Lord, Lord Cormack, said, if the Government had wanted to commit themselves to a five-year Parliament, they could have done that under the old legislation. For that reason, as the noble Lord, Lord Grocott, said, this is not a Bill that binds the present Government so much as it does future Governments. There has been a lot of speculation in the debate about the Government’s motives for what they have done. I do not want to enter into that, because I agree with the noble and learned Lord, Lord Falconer, that what this House should do is decide on principle what is better for the country. On that issue, I come down in favour of the view expressed by my noble friend Lord Armstrong at Second Reading. I do so for a reason which I am sure will be dismissed as a Sir Humphrey-esque argument, as a bureaucrat’s argument, but I am not ashamed of that. Those of us who have seen government from the inside—the noble Lord, Lord Dobbs, made this point, rather unexpectedly from my point of view, but from a political perspective—have reason to put to the House that too frequent elections are not good for the government of the country. Terrible things are done in the lead-up to a general election. Decisions are put off or are made in budgets which are designed to attract voters and are not in the interests of the country. For example, it will be in your Lordships’ memory that the Personal Care at Home Bill, which was introduced by the previous Government before the general election, was a blatant piece of electioneering. I made the point then that, in the economic conditions of the country, it was irresponsible to the highest degree. So to have elections more often than we need to have is not in the best interests of government.

Some people may say that I am against democracy, but that would be unfair. Of course there have to be elections. However, if there is a choice between every four years or five years, I would argue in favour of a five-year term.

[Lord Lloyd of Berwick]

Can the noble Lord comment on the point that all the experts who gave evidence, both in the House of Lords committee and in the House of Commons, came down in favour of four years? These were experts on our constitution, both in law and in practice.

[Lord Butler of Brockwell]

I should like to comment on that because the experts were, for the most part, either politicians or distinguished academics; they were not people who had seen government from the inside. That is why I am anxious to express this alternative point of view.

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[Lord Falconer of Thoroton]

Can the noble Lord quote one bit of evidence in favour of five years? I suspect that the public have no view on whether it should be four years or five; it is for us to judge.

[Lord Lloyd of Berwick]

I shall answer on the noble and learned Lord’s behalf. The evidence given to the Power commission was clearly in favour of more elections rather than fewer, not more than four years apart.

[The Deputy Chairman of Committees (Baroness Pitkeathley)]

My Lords, I remind you that the amendment is being withdrawn.