Legislation (Territorial Extent) Bill

Debate between Malcolm Rifkind and Christopher Chope

Friday 11th February 2011 Commons Chamber

[Sir Malcolm Rifkind]

I have no doubt that he was. Eric Anderson was the headmaster who taught Tony Blair, but I do not think that either could be held responsible for the other; each must come to their own judgments on these matters.

I come to the central point about the accusation that government would become unworkable. It is not just my view, my opinion or my theory that that is nonsense. We know from our own history that it is a ludicrous argument; it is exactly what happens every time we have a hung Parliament. When there is such a Parliament, as there was between 1974 and 1979, there will be many occasions when Governments cannot get their legislation through. It does not necessarily mean the collapse of the Government unless it is on some fundamental issue of confidence. What happens is that Governments either have to withdraw the proposal or discuss it with their opponents and table amendments to make it more acceptable. That is also exactly what happens between the House of Commons and the House of Lords from time to time. It is what happens in the United States all the time. The current President of the US does not have a majority in Congress, so he can never be certain of getting any legislation through. The argument that a British Government would somehow find themselves in an unworkable and unacceptable situation because not all but some of their English-only legislation was so controversial that a majority of English Members could not be persuaded to vote for it and that that would create chaos in the workings of government is manifestly ludicrous. That argument cannot be put forward in any credible way.

[Mr Chope]

I congratulate my right hon. and learned Friend on his wisdom. Has he yet been approached by the Deputy Prime Minister to serve on this committee, which is yet to be set up? Surely, his service on that commission would be really useful.

[Sir Malcolm Rifkind]

I suspect that my hon. Friend’s intervention has guaranteed that that will not happen. In any event, I would rather give evidence to the committee than serve on it. We will have to wait and see.

Finally, it is the essence of a parliamentary system of government that Governments must not assume that they can always get their business through. They will occasionally be defeated and, if they believe that the issue is fundamental, they can ask for a motion of confidence to enable them to survive. It is not a barrier to the kind of change that I and others have recommended to say that a Government might from time to time have to amend or withdraw their proposals because they lacked parliamentary consent. The parliamentary consent is what matters, not the Government’s wishes.