Fixed-term Parliaments Bill

Lord Rennard Excerpts

Monday 21st March 2011 Lords Chamber

[Lord Desai]

My Lords, I have a brief point to make, but first I agree with the noble Lord who has just spoken that you cannot compare the frequency of Parliaments under a fixed-term arrangement with the frequency of Parliaments under a variable-term arrangement. They are not comparable things. I would also say to the noble Lord, Lord Marks, who expressed his distress that a Government would have only two years to legislate, not three, that if he had been in Parliament as long as I have, he would pray for fewer Bills to come from a Government rather than more. So I do not think that the quality of a Government is measured by the number of Bills they introduce; I think exactly the reverse.

I have one anxiety, which I shall explain. This Bill does not actually fix the term at five years, but at five years and two months. There is a distinct possibility that, again and again, a Prime Minister would be able to breach the standard convention that a term of five years is the limit. That is a fundamental part of our constitution. This Bill breaches that by allowing, in Clause 1(5), for an extra two months. We ought to take this very seriously. Prime Ministers can find good excuses to delay elections. As has been pointed out, if they see better a better chance two months hence, they will find a way of waiting. I do not care how long this goes on for—whether it goes on for 10-and-a-half years—but we should take the breach of a very fundamental political principle seriously. The advantage of my noble and learned friend’s amendment is that, even if a Prime Minister uses the two-month option, we would never breach the five-year rule. That is a telling argument in favour of the amendment.

[Lord Rennard]

My Lords, in 2005, together with my noble friend Lord Razzall, I was responsible for the Liberal Democrat general election campaign. The manifesto for that campaign contained a commitment to fixed-term Parliaments and specified terms of four years. Obviously I have changed my mind, and I should like to give the Committee three good reasons why I have done so. However, before I do that, I would point out to some noble Lords opposite that only last year they fought a general election on a manifesto promising that, if re-elected to government, the party would legislate for fixed-term Parliaments. The party has still not said how it would have legislated to “ensure” that there would be fixed-term Parliaments, and made no mention whatever of what the term of those fixed-term Parliaments would be. If the case for four years rather than five years was so absolutely clear cut, as suggested by some noble Lords opposite, I wonder why it was not included in the Labour Party manifesto of only last year.

The first reason why I think I have changed my mind is through simply looking at the balance of a five-year term for a Parliament and how much of that time might be spent governing or how much doing anything else. My noble friend Lord Marks of Henley-on-Thames referred to the case for more pre-legislative scrutiny. I feel quite strongly that in the circumstances we have in this year in this Parliament, our legislation would be rather better if there was more draft legislation and more pre-legislative scrutiny, and I hope that when fixed terms of five years become the norm, there will be more of a case for such scrutiny in the first year of a Parliament, which would be good for the governance of the country.

[Lord Falconer of Thoroton]

Knowing that this Parliament is going to last for five years, surely there is time for pre-legislative scrutiny of this Bill. Why does the noble Lord not support that position in relation to this Bill?

--- Later in debate ---

[Lord Rennard]

In this Bill, we do not necessarily know whether we will have five-year terms or not. If the noble and learned Lord has his way, we will have four-year terms, not five years.

[Lord Falconer of Thoroton]

Am I given to understand that the reason for not giving this Bill any pre-legislative scrutiny is fear that it may not get through?

[Lord Rennard]

No, indeed. There are many things that require considerable scrutiny. But it seems to me that the actual principle of a fixed-term Parliament has been considered a number of times in a number of ways. I happen to think, for the reasons I am trying to advance, that five years is more logical. The first reason is that the first year of a Parliament would, more normally in the future, provide more time for draft legislation and pre-legislative scrutiny. As we all know, the last year of a Parliament tends to be given over to government campaigns rather than legislation. If we had only four years and the first year was dominated more by pre-legislative scrutiny and the last year dominated more by campaigning, only two years of government out of the four would be effective. That, as my noble friend Lord Marks of Henley-on-Thames said, is the problem with the US system. There, the period is four years, but everybody knows that in the first two years the President governs and then, after the mid-term elections, the second two years are all about campaigning for re-election.

There are two other points which are quite significant. They have not been made in this debate and some noble Lords opposite may wish to address them.

[Lord Wills]

Before the noble Lord finishes telling us why he changed his mind, perhaps I may point out that all the considerations in favour of a five-year term that he is now advancing, and the issues that he has brought into play, have been well known for many years—in fact, all the years during which he was in favour of a four-year fixed term. Can he tell us now precisely why he changed his mind?

[Lord Rennard]

The first reason is one about which the noble Lord, Lord Wills, should know a great deal. I pay great tribute to him as a genuine constitutional reformer. He was responsible in the previous Parliament and in the previous Government for changing significantly some of the rules on party political expenditure. Noble Lords opposite shared my concern throughout much of the 13 years and the three Parliaments of the previous Government about the lack of a level playing field in this country in party financing, which gave too much opportunity to extremely wealthy individuals to influence an election, particularly in constituencies, in the immediate run-up to it. The noble Lord, Lord Wills, introduced legislation in the previous Parliament which provided for control of that expenditure after four years and seven months of a Parliament. There would be no controls before that; they would apply only after four years, seven months. I opposed that legislation on the ground that it would work logically only if you had a five-year fixed-term Parliament. Noble Lords opposite had no answer to that point, but decided that four years, seven months was how it should be. So, now, our legislation to regulate party political expenditure is entirely dependent on there being a five-year fixed-term Parliament and on those controls coming in after four years and seven months through to the 60th month of the Parliament, and no other period.

[Lord Tyler]

I wonder whether my noble friend recalls that not only the noble Lord, Lord Wills, but all his political colleagues in another place promoted that legislation in terms precisely of the Political Parties, Elections and Referendums Act and the control of the expenditure of political parties. Why have the noble Lord and all his colleagues changed their minds? I notice that the noble Lord, Lord Bach, is back in his usual place. Perhaps he would like to explain why he has changed his mind, having teased my noble friend on this point.

[Lord Rennard]

My Lords, I am sure that noble Lords opposite will have an opportunity to explain their points. Perhaps I may briefly explain the third reason for my having decided that five years is better than four years. It is again a question of consistency. We agreed relatively recently and after lengthy debate—the longest that we have had in the time that I have been here—on the system for parliamentary boundary reviews. It has been established that there will be five-year reviews of constituency boundaries. It would be madness to say that one should redraw the constituency boundaries every five years but then not to have general elections every five years. To have a general election every four years but to redraw the boundaries every fifth year would put the two processes completely and quite unfairly out of sync. On that basis, I decided that five years rather than four was more logical and more democratic.

[Baroness Farrington of Ribbleton]

Would the noble Lord, Lord Rennard, care to comment on the fact that the first reason he gave for changing his mind applied before he espoused and promoted his manifesto for the election? Between his saying, “Vote Liberal Democrat; we’re in favour of four years” and reaching the conclusion that it should be five years, the people went and voted thinking that it was four. The noble Lord knew about the legislation that had been passed by the previous Government. I see a pattern however. I am grateful to him for his comment on five-yearly parliamentary boundary reviews and I shall go away and think about that very seriously.

[Lord Rennard]

I thank the noble Baroness, particularly for her latter point. In response to her first point, about how I should have known all this before 2005, I say very honestly that if all of us ignored all the evidence and all that we had learnt during the past six years, this place would be a poorer place and our legislation the poorer for it. I have reflected over the six years and have been convinced by many people that there should more pre-legislative scrutiny and more draft legislation. In 2005, I did not feel so strongly about that. Some of the more recent evidence points me in the direction of being strongly in favour of five-year, rather than four-year, fixed-term Parliaments.

[Lord Howarth of Newport]

My Lords, if we are to have a fixed-term Parliament, and I believe that we should not, we will do less damage if we fix it at four years rather than at five. I rather agree with the noble and learned Lord, Lord Lloyd of Berwick, and with my noble friend Lord Wills that there is little advantage to be gained when we are considering how to reform our own constitution, which has grown out of our distinctive political and constitutional tradition, in looking over the way to see how such matters are organised in other countries. I do not think that when de Tocqueville engaged in such an exercise he was intellectually desperate; it was quite a fruitful exercise. It is worth noting that there is no advanced country with which we can sensibly be compared that fixes the terms of its Parliament for as long a period as five years. France has a fixed term of five years, but it has presidential government; Italy has a fixed term of five years, but Italy is a byword for governmental instability; Malta and Luxembourg have fixed five-year terms, but we cannot sensibly compare ourselves to them. I do not think that there is an advanced democracy abroad which sets the term of its Parliament at five years which should encourage us. If we look inwards at our own affairs, we should remind ourselves that the terms of the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly are set at four years. It is therefore incumbent upon the Government to explain why they have taken such an eccentric view. It is all the more so because setting the term at five years, notwithstanding what the noble Lord, Lord Marks of Henley-on-Thames, said, seems to be at odds with the principles that the Liberal Democrats have professed.

If we fix the term of Parliament, for whatever duration, we insulate Members of Parliament and, significantly, Ministers from public opinion. The longer the term, the worse that effect; the shorter the term, the more accountability and democratic engagement are brought into play. In the light of all the professions that the Deputy Prime Minister has made about the whole thrust of the constitutional reforms being brought forward by the coalition Government being to improve accountability and democratic engagement, it seems very odd that they should have decided on five years rather than four. It was Mr Mark Harper, the Parliamentary Under-Secretary, when he was giving evidence to your Lordships Select Committee on the Constitution, who used the phrase, “it is an issue of judgment”. It should not perhaps surprise us very much that the judgment that the Government took was that which best suited the political interest of the coalition parties. I hope that the noble and learned Lord, Lord Wallace of Tankerness, will be able to persuade us that the Government have some better reason.

--- Later in debate ---

[Lord Rennard]

My Lords—

[Lord Falconer of Thoroton]

I am not going to give way, if you do not mind. As I say, the Government were given the opportunity to put these things together but they did not take it. It seems to me that the consequence of not taking that opportunity is that when Parliament debates these issues again on the Fixed-term Parliaments Bill or on Lords reform, we will not regard ourselves as bound by the previous decisions that have been made—for example, we might conclude that four years was better than five for a fixed-term Parliament—because the Government explicitly refused the opportunity to put these constitutional reforms together despite the fact that they were urged to do so not just by the Opposition but by the cross-party constitutional committees in both Houses of Parliament.

I shall be interested to hear the noble and learned Lord’s view on how we deal with possible inconsistencies between one of the Government’s constitutional reform package Bills and another. Presumably, that is done by amending the later Bill when we see what the right answer is. I now give way to the noble Lord, Lord Rennard.

[Lord Rennard]

I wonder whether the noble and learned Lord is being consistent in his arguments. There seemed to be a lot of criticism of the fact that in previous legislation two items were put together—the voting referendum and the constituency boundaries. Now he is suggesting that the third item—this Bill—and House of Lords reform should all be put in the same package. I do not understand his argument. I was simply suggesting that when we have decided things we should try to be consistent about them.

[Lord Falconer of Thoroton]

As regards the AV referendum and the parliamentary boundaries, we saw what was proposed in relation to both of those. The issue was whether they both needed to be included in one Bill. We knew what the proposals were.