Mark Durkan
Main Page: Mark Durkan (Social Democratic & Labour Party - Foyle)Department Debates - View all Mark Durkan's debates with the Cabinet Office
(13 years, 8 months ago)
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The Deputy Prime Minister
No, not necessarily; that is not an automatic consequence of the existing provisions. We are giving the House a new power, passed by two thirds, that would force an early election and the Dissolution of the House.
The Deputy Prime Minister
The Bill speaks for itself. With respect, this is genuinely not about the internal dynamics of this coalition Government. [Interruption.] I hear from the groans and the roars that that view is not widely shared. I hope that anyone who has listened to what I have said today will reasonably conclude that the Government are doing something that should be welcomed in this House—strengthening its powers, while weakening those of the Executive. We are surrendering the Prime Minister’s right to set the date of the general election—a power that has been used and abused and has become the plaything of Prime Ministers of all parties for far too long.
Mark Durkan
Is the Deputy Prime Minister not being somewhat disingenuous in stressing that the Dissolution of Parliament is a spectacular new power to be given to this House, when just a few moments ago he stressed that the very high threshold for that power would make it virtually impossible to attain?
The Deputy Prime Minister
What I was trying to explain was that the existing powers to pass a motion of no confidence will not only remain exactly as they are, but be given legal force so that they will be strengthened. In addition, to cover any exceptional circumstances that might arise, we are giving the House new powers—I stress that this is a new power, which currently does not exist—to dissolve Parliament altogether and trigger a general election. The only institution whose power is being seriously curtailed by the Bill is that of the Prime Minister.
This Bill is modest in size—it has just five clauses and one schedule. Clause 1 relates to polling days for parliamentary general elections, including the setting of the date of the next election on 7 May 2015, and sets out the five-year term. Clause 2 provides for the circumstances in which an early parliamentary general election can be held. Clause 3 makes the key necessary changes to electoral law and the law concerning the meeting of Parliament in the light of fixed days for elections. Clause 4 deals with certain supplementary and consequential matters—preserving the Queen’s power to prorogue Parliament. Clause 5 sets out the short title of the Bill and provides that it will come into force on Royal Assent. The schedule contains consequential amendments to a number of Acts of Parliament. In contrast to the previous Government, who aggressively programmed their Bills, we propose not to curtail debate on each clause, but to allow two full days on the Floor of the House for Committee stage.
Mark Durkan
My right hon. Friend rightly touches on many of the concerns about the timing of the Bill, given the fairly scrappy nature of some of its proposals. Is the timing not really related to the fact that the Parliamentary Voting System and Constituencies Bill, which we discussed last week, and the Bill that we are discussing this week were the Liberal Democrats’ two glittering prizes in the coalition agreement, and they want to go to their party conference saying that they have already achieved the Second Reading of both those Bills? That is why we are being put through this today.
Mr Straw
I am quite sure. I was in favour of September sittings and my hon. Friend will recall that they had to be abandoned one year so that the screen in the Chamber could be put up. When I tabled a motion the following year as Leader of the House to reinstate September sittings I was roundly voted down by an all-party alliance, including many Conservative Members. Both parties in the coalition are probably now regretting this September sitting, because it has done them absolutely no good. Long may that continue.
Mr Nigel Dodds (Belfast North) (DUP)
Thank you, Madam Deputy Speaker, for giving me the opportunity to take part in this important debate. In the space of just seven days, we have faced a barrage of constitutional legislation and various announcements. Since last Monday, we have had legislative proposals on changing the voting system, reducing the number of MPs and new boundaries for constituencies right across the country within an unprecedentedly short space of time. Today we have legislation before us for fixed-term Parliaments. This morning a decision was announced about doing away with the Queen’s Speech next year and moving towards five-yearly fixed terms, with Queen’s Speeches in spring rather than the autumn. As I understand it, an announcement has also been made today about legislation to bring into effect the provision of a referendum whenever further powers are to be transferred to Brussels. In fact, most of the damage has already been done when it comes to transferring powers to Brussels, yet nothing is to be done about that—but that is a different debate.
I list those legislative proposals simply to show the difference between what is happening now and the September sittings of previous Parliaments, which, frankly, amounted to nothing more than a bit of window-dressing to impress the media that Parliament and MPs were busy about their work. We cannot accuse the Government of that in this September sitting, as some of the most meaty legislation has been introduced in a short space of time. I say that not to compliment the Government but to condemn them, as they have rushed through this massively important, incredibly significant constitutional legislative change, with at least five significant proposals, three of which are contained in the primary legislation.
As the Chairman of the Political and Constitutional Reform Committee said, the Minister and the Deputy Prime Minister have not shared with the House why they felt that the normal pre-legislative scrutiny period could not be afforded for the Bill. Given that the Bill has no deadline, and we are to have a two-year Parliamentary Session, there is no reason why we could not have had proper pre-legislative scrutiny. When the Minister winds up the debate, I hope that he will tell the House why it has been denied that.
I listened carefully to the criticism made by the hon. and learned Member for Torridge and West Devon (Mr Cox) of the piecemeal approach to constitutional change. Given the items of legislation and various constitutional proposals already brought forward within a very short space of time, it is obvious that there is no overall, co-ordinated, strategic approach. I favour pre-legislative scrutiny of Bills as they come forward, but the case has been made powerfully—the plethora of legislation makes the case—for a much wider consultation and consensus-building exercise when it comes to changes to our constitution, changes to how Parliament operates and changes to how our parliamentary democracy functions. It cannot be right that such major changes are introduced in a piecemeal fashion, to suit the whims of the coalition Government.
Surely we should proceed on the basis of not just pre-legislative scrutiny, but a constitutional convention involving all parties, the wider community and the public, so that people sit down and discuss properly the way forward for the constitution of the United Kingdom. Now that we have devolved legislatures, Executives and Governments in Northern Ireland, Scotland and Wales, that is all the more important. In all the debate, where have those Governments and legislatures been properly considered? That lack of consideration is only one illustration of how the Government have thus far not adhered to the respect for the devolved legislatures and Administrations about which the Prime Minister spoke when he first took office. That respect agenda has not been evident in how the Government have operated so far, certainly in relation to major constitutional issues. I appeal to the Government to build a consensus on the issues and to consult. These constitutional issues are far too important to be treated as matters of party politics, or issues to be pushed through the House as other legislation and policy issues can be at times, and should be given much wider consideration.
Last week, I put forward criticisms of the Parliamentary Voting System and Constituencies Bill, but in principle I support fixed-term Parliaments. Many hon. Members will take different views on the different Bills. Some are in favour of the alternative vote and the boundary changes, but are against fixed-term Parliaments. Some favour fixed-term Parliaments, but are against other aspects. That shows that we need a co-ordinated approach, with a much wider, in-depth consideration of how the different pieces of legislation fit together.
On this Bill, I agree that a fixed-term Parliament is important, and I am delighted that the 55% threshold has been removed. I agree with the right hon. Member for Blackburn (Mr Straw) that it was removed purely because it would never have got through the House. I am also pleased that the Government have dealt with the lame-duck Parliament issue, by building in provisions for a 14-day period to allow an alternative Government to be formed. A fixed-term Parliament has the advantage of removing from the Prime Minister of the day the ability to go to the country on the basis of the best interests of his or her party, not those of the country at large. It takes away the period of intense election speculation that can arise—even in the middle of a Parliament, as we saw in 2007—and to which everything else is made subject.
Although I welcome the principle of the Bill, there are issues that need to be addressed in Committee. For instance, some of the issues that have arisen in the debate illustrate that the Bill does not provide the certainty that people thought. Under the Bill as it stands, the Government of the day could engineer a vote of no confidence so that they could go to the country at the time of their choosing. If the Prime Minister has given up the power to go to the palace to seek a Dissolution of Parliament, what is the position in relation to a constructive vote of no confidence brought about by the Government of the day? As we know, Parliament cannot bind its successors, so any subsequent Act of Parliament can, on a simple majority, overturn a previous Act of Parliament. Despite the Bill containing a 66% threshold, any future Act of Parliament introduced by the Government of the day, were they so minded, would pass by a simple majority. Therefore, the Bill does not provide, as some have claimed, certainty for ever.
The hon. Member for Ceredigion (Mr Williams) addressed the issue of the dates of the electoral cycle. I join those Members who have raised concerns about the coincidence in 2015 of the general election and elections to the Northern Ireland Assembly, the Welsh Assembly and the Scottish Parliament. I listened carefully to what the Deputy Prime Minister had to say, and it struck me that his comments were perhaps made on the hoof—I do not get the impression that a lot of consideration had been given to the point prior to the debate. He said that he would address the matter, think about it and discuss it. Will the Minister reassure the House that consultation with the devolved Administrations will be genuine, and that when the Deputy Prime Minister speaks to the folk in Northern Ireland, Scotland or Wales, he will not simply go away and then come back and impose a solution? The proposal must be agreed with the respective devolved Administrations. It will be totally unacceptable if the assurance given by the Deputy Prime Minister amounts to nothing more than the usual consultation. The consultation must be genuine and must respect the views of the devolved Administrations.
Mark Durkan
When the hon. Gentleman uses the term “devolved Administrations”, is he using a generic term? Is he saying that he wants the commissions or bodies corporate of the devolved institutions of the Parliament and the Assembly, rather than just the Executives, to be consulted?
Mr Dodds
I am happy to give that assurance. That is exactly what I mean. I think that this matter is far too important for all those institutions and bodies not to be involved, and that there must be a consensus. I end where I began: with the need for consensus on these important matters, between the Government here at Westminster and the devolved Administrations and their various organs, and within those bodies. The issue is too important for people to play party politics with it.
Mrs Laing
It is a great pleasure.
There is no harm in being honest about matters in the Chamber. The measure is entitled “Fixed-term Parliaments Bill”, but no Parliament can bind its successors. The measure is really “The date of the next election (cementing the coalition) Bill”. That is what it is for, and I support it for that purpose, but we should not pretend that it is for any other purpose. It has many practical advantages, which are obvious and have been debated well this evening. The stability of the coalition and of the Government to get this country out of the dreadful economic mess in which the Labour Government left us requires such a Bill if we are to make progress.
Mark Durkan
The hon. Lady suggests that the Bill relates strongly to the coalition, but it is foreseeable that the coalition could dissolve, but not Parliament, so we would be in a twilight zone.
Mrs Laing
That is exactly the point that I am about to make. We are discussing the transfer of power, and the Bill brings about the transfer of immense power to the person of the Deputy Prime Minister. As the hon. Gentleman has just said, the arithmetic shows that the 14-day process could be instigated under the Bill. It is perfectly possible that as early as next spring the Liberal Democrat party could decide not to support the Conservative party in coalition. We could go into the 14-day period, and a coalition could be formed by the Labour party, all the other Opposition parties, and the Liberal Democrat party. There could be a completely new Government without our consulting the electorate. That could happen in the foreseeable future, although I sincerely hope that it does not. I do not think that it is likely, but the arithmetic means that it is possible, and we must be aware of that as we introduce the Bill.
Mark Durkan
Did my hon. Friend not previously give an answer to the hon. Member for Peterborough (Mr Jackson), when she said that the issue was not whether voters could cope with the different issues, but whether the media could handle the spread of coverage and, in particular, whether the broadcast media could handle the detailed legal requirements for balanced coverage, which would be almost impossible to achieve if those elections were melodeoned together?
Nick Boles
I certainly agree with the right hon. Gentleman on that point—I should like to call him my right hon. Friend; I am very keen on people joining the coalition, as Members might know—but I am not sure whether the courts are any more capricious than Members of this House. Is that a terrible thing to say?
I am troubled by the proposal of the Clerk of the House, and I fear that those on my own side who advance it are doing so not because they really think that he has a better way to secure fixed-term Parliaments but because they do not believe in fixed terms, and they want to undermine the Bill. If it is going to be brought in, they want it to be introduced in as weak a form as possible. So let us not be deluded by that argument.
I want to turn briefly to the argument about election dates. I shall approach the subject with great deference to those who represent parts of the other nations of the United Kingdom, because they of course must be the ones who speak for their constituents. However, in the United States—a place where individual states have much more power and at least as much sense of their own independence and individual character—all the elections always happen on the same day. In that fine democracy, they happen on the first Thursday in November, either every four years or every two years. In the United States, people would consider it a constitutional outrage if elections were to happen on any other day.
If elections were held on different days, minor elections—I do not venture to suggest that elections to the devolved Assemblies are minor; I am talking about any that people thought were minor—might be used to express an opinion about a major subject, such as the economic policy of the UK Government. It is only by having elections on the same day that people can be guaranteed an ability to express their opinion on every issue that matters to them, be it local, regional or pertaining to their state, their governor, their mayor or the Government of the day. The same applies to referendums, which is why I also support the idea of their being held on the same day. I venture to suggest that hon. Members should really question whether they are assisting the independence of their local elections, and the autonomy of the decision making on the issues in those elections, by proposing separate election dates. I fear that they might achieve the reverse.
Mark Durkan
The hon. Gentleman referred to the United States of America, where there are no rules on media balance and supposedly no statutory protections for parties in the broadcast media or anywhere else, and where massive amounts of money are spent. The electoral climate in the United States is entirely different from ours. If he is suggesting that elections to our devolved Parliament and Assemblies and to this Parliament should be conducted in the way they are in America, what does he think the turnout would be?
Nick Boles
If people have to go to the polls only once and have to take seven decisions that will affect every single part of government, I suggest that that will make them more likely to vote in the “lower” elections than they would if those elections took place on their own, particularly when people might be busy, have to take the kids to school and get to work. I suspect that the turnout would advance, but let me make it clear that the Deputy Prime Minister has said that he will want to understand the concerns and that the final decision will be made in consultation with the devolved Assemblies.
In the remaining time available, let me deal with one suggestion—for an amendment to the Bill—made by the Select Committee, of which I am lucky enough to be a member. I hope that the Government will consider it in further stages. The suggestion was that, after an extraordinary or exceptional Dissolution, to avoid any jiggery-pokery or any attempt to engineer a Dissolution to the benefit of one party, the term of whatever Government came in after that Dissolution would be just for the balance of the normal term. If the extraordinary Dissolution came after three years, there would be only two years left for the succeeding Government. I think that might go some way to reinforce the Bill’s intention to ensure that a Dissolution is not done in a frivolous, arbitrary or partisan way.
In conclusion, let me say that that is the only amendment that I would propose and that I propose it in the spirit of improvement rather than criticism. I very much hope that Members will see fit to support this fine Bill.