Early Parliamentary General Election Bill

Oliver Dowden Excerpts

2nd reading: House of Commons
Tuesday 29th October 2019 Commons Chamber

[The Minister for the Cabinet Office and Paymaster General (Oliver Dowden)]

I should like to begin by paying tribute to all right hon. and hon. Members who have contributed to today’s debate and spoken with genuine sincerity and passion. There have been some excellent contributions, and a wide range of issues have been raised. Particularly, I would like to pay tribute to my hon. Friend the Member for Isle of Wight (Mr Seely), my hon. Friend and neighbour the Member for St Albans (Mrs Main) and my hon. Friends the Members for Stone (Sir William Cash) and for Sleaford and North Hykeham (Dr Johnson). All those contributions made the same point: people want to get Brexit done. They want to move on, and the only way we can do that is to ensure that we have a general election mandate to ensure that that happens. In particular, I would like to pay tribute to my right hon. Friend the Member for Wantage (Mr Vaizey)—sadly, he is not in his place—who gave a heartfelt and excellent speech paying tribute to this House.

I hope hon. Members appreciate that there will be further opportunities for discussion during the course of the Bill, particularly in the Committee stage that follows, so if they will forgive me, I will not go into detail on some of the points that I think will be addressed at that stage. What we really are facing today is the simplest possible Bill. It is a straightforward piece of legislation to allow a general election on 12 December so that we can elect a new Parliament, gets Brexit done and allow this country to finally move on. Let me be clear: the Government would rather be getting on with a smooth and orderly Brexit now.

[Lady Hermon]

I presume that as part of the Prime Minister’s general election campaign, he will make a grand tour of the United Kingdom, including Northern Ireland, so could the Minister just explain what the Prime Minister will say to the Unionist community there and how he will reassure them that their future is safe in his hands? I can assure the Minister that, at the present time, there are many in the Unionist community who do not feel confident that their future is safe in the Prime Minister’s hands.

[Oliver Dowden]

I thank the hon. Lady for her contribution. I do not know exactly where the Prime Minister will go on his election tour, but I am sure he will go to Northern Ireland. He will take the message to Northern Ireland that the deal that he has negotiated will allow the entire United Kingdom to leave the customs union as one and that that deal we based on a mechanism of consent.

The challenge that we have in getting such a deal through this House is that whenever Parliament has had the opportunity to get Brexit done, it has not taken it, even though 80% of us in this House stood on a mandate to honour the referendum result. Let us look at the record. Parliament voted to extend and delay in March, and to extend and delay in April. Through the Benn Act, Parliament forced the Prime Minister to extend beyond 31 October. Most recently, it voted against a timetable that would have allowed us to leave in an orderly manner, on time on 31 October, as we have promised. So I really fear that if Parliament has the choice of another delay or an extension beyond 31 January, it will surely once again take the opportunity to delay and to extend. The risk that we face is that, as we tick through to 2020, we once again find ourselves back in this Chamber discussing Brexit more and more, and that is completely contrary to what the public want. The public want us to get on with it and get Brexit done.

[Jess Phillips]

I wonder whether the Minister can tell me how we will stop the paralysis if what is returned to the House is exactly what we have now.

[Oliver Dowden]

I heard the hon. Lady make that point repeatedly throughout the debate. The very simple answer is that the people should vote Conservative and vote for a party that will get the deal through and ensure that we finally leave the European Union, as people want us to do.

[Jess Phillips]

Will the right hon. Gentleman give way?

[Oliver Dowden]

I think that I have dealt with the hon. Lady’s point.

Thanks to the Prime Minister’s efforts, we have a deal that we will be putting to the British people at the general election, and we will then seek to deliver the deal through the House on the back of a stable and sustainable parliamentary majority that will finally allow us to leave the European Union, as most of us have promised to achieve.

[Jim McMahon]

Now that the European Union (Withdrawal Agreement) Bill has had its Second Reading, we should be using this time to take it to the next stage instead of calling an election.

[Oliver Dowden]

The problem with the argument advanced by the hon. Gentleman is that when we had the opportunity to get Brexit done and to get it done by 31 October, he and Opposition Members chose to vote against the programme motion that would have enabled that. The challenge facing us is that every time this House has had the opportunity to deliver on Brexit, it instead chooses further delay.

The deal that the Prime Minister has reached has confounded critics in this House and elsewhere. People said that we would never be able to reopen the withdrawal agreement, but we reopened it. He has nailed the naysayers who said that the EU would never let go of the Northern Ireland backstop by getting rid of the backstop. When people said that we could not ensure that the whole United Kingdom could leave as a single customs territory, he refused to accept it. This Government have made sure that the UK can leave the customs union as one entire United Kingdom that is free to chart its own course.

The Government’s position for some time has been that if Parliament cannot back the Prime Minister’s deal, we must surely have a general election. Up until today, however, that has not been the position of the Labour party. We have had the extraordinary spectacle of a Leader of the Opposition who spends every day castigating the Government’s failures—indeed, his party busily puts out leaflets demanding a general election—but when that golden moment arrives finally to have that general election, what happens? The Leader of the Opposition has repeatedly spurned it. I am glad that the Leader of the Opposition has finally faced up to the inevitable, ensuring that we will make some progress with this Bill. I am confident that we can make that progress, and that we can get on and have that general election.

When the general election happens, we will have two contrasting visions for 2020. The choice in front of the British people is clear. My right hon. Friend the Prime Minister has a deal that ensures that we deliver on the promises we made in the 2017 manifesto. We can finally deliver on Brexit and get the job done. Once we have got the job done, we can finally turn to the priorities that matter to the British people. The great one nation agenda being advanced by my right hon. Friend the Prime Minister will allow us to deliver for our hospitals and for our schools.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

On a point of order, Mr Speaker. Many excellent speeches species were curtailed at three minutes this evening. Why is this awful, repetitious performance being allowed to go on for so long?

[Mr Speaker]

The Minister has two and a half minutes in which to develop his peroration, but the hon. Gentleman has registered his disapproval.

[Oliver Dowden]

Thank you for that opportunity, Mr Speaker, but I think I will be able to do so in slightly shorter order, so I hope that I can bring pleasure to the hon. Gentleman.

In the election, we will deliver on a one nation agenda: delivering for our schools and our hospitals, safer communities, more police, massive investment in our infrastructure, keeping our streets safe and tackling the cost of living. The alternative will be the nightmare advanced by the Leader of the Opposition, who wants to make 2020 the year of two referendums: one on Brexit and another on Scottish independence—more energy-sapping, mind-numbing stagnation and more pointless delay, so I urge right hon. and hon. Members to back this Bill and back the general election. Let the Government get Brexit done and allow the country to move on.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

[Mr Speaker]

Under the Order of the House of today, we shall now—for which I may have to substitute “shortly”—move to a Committee of the whole House.

I say this as much for the benefit of people outside the elected Chamber as for anybody else. I have collected the voices, as the Speaker is required to do, and it is clear that there is an overwhelming majority in support of Second Reading. From Second Reading, we proceed to Committee. When the House sits in Committee, the Speaker does not occupy the Chair. That responsibility is taken by A. N. Other, who will be wending his or her way to the Chamber as I speak. I say with some confidence that another Chair will arrive ere long to take up his or her important duties.

Early Parliamentary General Election Bill

Oliver Dowden Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Tuesday 29th October 2019 Commons Chamber

[Cat Smith]

The Prime Minister came to office promising to deliver Brexit by 31 October, and he has failed. He has shown his utter incompetence, and he simply cannot be trusted. We have consistently said that we will support a general election once a no deal is absolutely off the table and when a date can be fixed in law. After lengthy denial by the Prime Minister, we have now reached that point, which is why the time is right for a Labour Government and real change.

The purpose of any general election is to allow the largest possible number of people to participate and have their say on the future of the country. Up to 9.5 million people in Great Britain are not correctly registered to vote. Young people are less likely to be registered, with almost a third of people aged 18 to 34 missing from the electoral roll. This means their views and interests are being under-represented.

The Government know they are less likely to do well in elections when lots of people are registered to vote, which is why they have done nothing to tackle this issue. The Prime Minister even tried to fix the date of the general election to make it harder for students to take part. Students must not be disfranchised by an election date that will not allow them to vote at their term-time address—the address at which they live for the majority of the year, and at which they rightly should be able to vote. Labour’s amendment to fix the date of the general election for 9 December is the best possible way of ensuring the next election is accessible.

We can do better than that, which is why we would have supported, had they been selected, the amendments to expand the franchise to 16 and 17-year-olds and to EU citizens with settled status. We recognise their contributions to our society, and they should have a right to vote on their future as well.

Whatever date the House decides the election will be held on, the Labour party is ready to get rid of this Tory Government, who have pushed our public services into crisis. We are ready to put forward our vision for a different kind of country: a country where people get the care they need, from a properly funded NHS; a country where everyone, regardless of their family background, gets the education they need to do well in life; a country where regions that have been held back get the investment they need and a chance to rebuild after a decade of neglect; a country where homelessness is a thing of the past, and everyone can access safe and affordable housing; and a country that is led by a Prime Minister that puts the control of Brexit back in the hands of people in a new referendum, with a real choice between a leave deal and remain.

Labour is the only party that can, and will, let the people decide on Brexit. This is a once-in-a-generation chance to rebuild and transform our country, which is why I urge this House to support this amendment, to ensure that this election is as accessible as possible.

[The Minister for the Cabinet Office and Paymaster General (Oliver Dowden)]

It is a pleasure to speak in Committee on this crucial Bill. As I said in my closing remarks on Second Reading, this is a short, sensible Bill, setting out the date of the next general election. The Bill provides transparency on the date of an election and ensures that it can be conducted in a timely way so that Parliament can meet in good time ahead of the 31 January deadline.

Clause 1 provides for a parliamentary general election to be held on 12 December 2019. I will shortly set out why that is the preferred date and why the Government will resist the Opposition amendment.

Clause 2 deals with the Bill’s short title and provides that the Bill will come

“into force on the day it is passed.”

I wish briefly to touch on the subsections in clause 1, to provide reassurance to Members; these are minor, technical points. Subsection (3)(a) removes the requirement for Ministers to review the welfare cap in the current Parliament. Subsection 3(b) ensures that the reporting requirement placed on Ministers does not need to be completed in this Parliament. Both measures ensure that these requirements will align with the new parliamentary Session, following the election.

On the principal amendment standing in the name of the Opposition, we have considered the date of the poll and I wish to set out why 12 December is the best date, for two reasons. First, it gives Parliament enough time to progress essential business—specifically, the Northern Ireland Budget Bill, which is necessary to access the funding that the Northern Ireland civil service needs after 31 October. If that Bill does not receive Royal Assent, the delivery of public services and proper governance in Northern Ireland would be put at risk.

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

But would that issue not be resolved by a sitting this Friday?

[Oliver Dowden]

It would be helpful for this House to consider that Bill in good order, as it is an important measure to ensure that nurses, teachers and police officers in Northern Ireland get paid. If we do not pass that legislation, there is a real danger that such people will not get paid. I urge hon. Members to think carefully about moving the date. The issue at hand is whether to move the date to 9 December, which would preclude our passing that Bill.

[Mrs Anne Main (St Albans) (Con)]

Did my hon. Friend note that the Opposition spokesperson’s principal reason for opting for 9 December and not 12 December was that they felt that students would somehow miss out? Students are perfectly able to apply for a postal vote or a proxy vote, and three days will make absolutely no difference to that process.

[Oliver Dowden]

Yes, my hon. Friend and neighbour, who represents St Albans, raises an important point: there is no substance to the point about students being disfranchised. That is because, first, 70% of students choose to vote at their home address, so this would not apply to them; and, secondly, because all the 40 largest universities will be sitting on 12 December. So I do not believe there is any danger of disfranchising.

[Mr Nigel Evans (Ribble Valley) (Con)]

I remember the leader of the Scottish National party saying last Thursday that we could not have an election on 12 December because it would be cold, dark and wet. Has my hon. Friend been in touch with the Met Office to find out how much warmer and how much lighter it will be three days earlier on 9 December?

[Oliver Dowden]

I stand ready to be corrected, but I did look that up. I believe that having the election three days earlier would allow one whole minute of extra daylight.

[Andrew Percy (Brigg and Goole) (Con)]

It does not matter in the Humber if it is 9 or 12 December—I can guarantee it will be a bit windy and probably a bit damp. More importantly, will the Minister dismiss the Opposition’s amendment for what it is—a shameful attempt to divide? That is what it is about. The Opposition are trying to build resentment in a group of the electorate that they think are susceptible to their message. It is disgraceful and shameful to try to separate students from the rest of the population, when everyone knows that people can vote by post and by proxy in every election. The Opposition will divide, divide, divide throughout the election campaign, because that is what they do.

[Oliver Dowden]

As ever, my hon. Friend is entirely correct. There will be no impact on the enfranchisement of students. All students will have the opportunity to vote. Most vote at home. Most universities will still be sitting.

[Several hon. Members rose—]

[Oliver Dowden]

If hon. Members will allow me to elucidate on this point, it may satisfy them. The other reason to have an election on 12 December is that it is a Thursday. By convention, Thursday is the day on which we have such elections in this country. There does not seem to be a strong argument to the contrary to move it those few days earlier.

[Stewart Malcolm McDonald]

I point out to the Minister that there is no convention to have elections every two years, but we seem to be content to do that.

I want to take the Minister back to his important points on the Northern Ireland Budget Bill. We all want to see people get paid—we do not want a Republican-style shutdown of government in Northern Ireland—so will he answer the question I asked? Could we not resolve this dispute by sitting this Friday?

[Oliver Dowden]

I again make three points to the hon. Gentleman. First, Thursday is the usual date for such an election. Why change it? I have yet to hear an argument advanced to change it—the hon. Gentleman is essentially making a case to change it from Thursday to Monday. Secondly, we need to have time properly to consider the Northern Ireland Budget Bill. Thirdly, if hon. Members wish to move the election to the earlier date, they need to come up with a compelling reason to do so, other than daylight, which I have yet to hear.

[Stewart Malcolm McDonald]

Will the Minister give way?

[Neil Gray (Airdrie and Shotts) (SNP)]

Will the Minister give way?

[Oliver Dowden]

I think I have dealt with this point.

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

Order. We cannot have everybody on their feet at the same time. It is for the Minister to give way.

[Oliver Dowden]

I will make some progress and then I will consider giving way. 

        There are principled reasons why we wish to have proper scrutiny of legislation for the Northern Ireland budget. It is essential for teachers, doctors and nurses in Northern Ireland to be paid.

There is a convention that elections are held on Thursday. Once again, the Opposition are trying to move the goalposts. Initially, the argument was that they did not want a general election on 12 December because they were concerned that the Government would somehow seek to ram through the Bill giving effect to the Prime Minister’s deal. Yesterday, at the Dispatch Box, the Prime Minister give an assurance on that. Now, they seek to contrive another reason artificially to create divisions in this House over moving the date by three days.

We have had three years to consider this matter. Will three days really make that much difference? That is in tune with a wider point. The public are getting more and more frustrated at this House endlessly coming up with procedural reasons that prevent us from getting on and doing the thing we want to do, as set out in this Bill—to have a general election to allow us to resolve the issue. We will resist the Opposition amendment to move the date of the general election.

[Chris Bryant (Rhondda) (Lab)]

This is just a technical question. If the general election is on 12 December, when will the new Parliament sit and when will we have a Queen’s Speech? When this was last done in 1923-24, with the general election on 6 December, the Queen’s Speech was not until 15 January, which would make it difficult to get any serious business done by the end of January.

[Oliver Dowden]

I hope I can reassure the hon. Gentleman. The reason the Government wish to have a general election is to ensure that we have a sustainable majority to pass the Bill that implements the Prime Minister’s withdrawal agreement. Therefore, the impetus on us is to get that done as quickly as possible. I do not think that he will find delays from those of us on the Government Benches.

--- Later in debate ---

[Neil Gray]

I thank the Minister for giving way. I think that it is clear that the contentious area in this part of the discussion is about whether the election is on 9 or 12 December. No. 10 had previously suggested that it is willing to pull the Bill if the amendments regarding EU nationals and 16 and 17-year-old are selected and passed, so my question to the Minister is this: are the Government willing to die in a ditch over whether the election is on 9 or 12 December? What is their intention if this amendment passes?

[Oliver Dowden]

I believe that I have set out two sensible and compelling reasons to have the date on 12 December, and I have yet to hear to the contrary an argument about why we need to move it by three days. I really think that we have dealt with this point. I know other hon. Members wish to speak, so if the Committee will forgive me I will conclude my points on amendment 14, which stands in my name.

The Government’s amendment removes St Andrew’s day 2019 only from the operation of regulation 29(4) and 8(3) of the Representation of the People (Scotland) Regulations. This both restricts the change to this election only and leaves the subsequent register intact. The effect of the amendment is to remove the bank holiday from the calculation of time for registering for the voter deadline. It would instead be classed as a normal working day, but for this election only. We feel that the amendment, as we have drafted it, will, I hope, address SNP concerns, but will limit any unintended consequences of amending the relevant provision of the regulations.

In summary, we are trying to achieve straightforward, simple legislation that ensures that we can have a general election in short order. I urge all hon. Members to resist the temptation to complicate and amend this to allow us to have the general election on 12 December so that we can get a sustainable majority to deliver the Prime Minister’s deal and finally move on.

[Tommy Sheppard (Edinburgh East) (SNP)]

I want to make some comments generally on the Bill as a whole and then to discuss the individual amendments that have been selected.

I must start by saying that, clearly, it is not ideal for anyone to have an election a couple of weeks before Christmas: the nights are fair drawing in, it will be cold and dark, and many of the people in this country will, quite understandably, be looking forward to Christmas and spending time with their family and relatives. So it is hardly an ideal time, but from our perspective in the SNP, we think that this is a necessary requirement now, because we have reached a situation of impasse in this Parliament where it is incapable of resolving probably the biggest political issue that has divided the United Kingdom in my lifetime. There are competing views as to what the end point of the Brexit process should be, and parliamentary democracy in this country, it seems to me, has now reached a point of stasis where it is incapable of adjudicating between those outcomes. It is therefore right and proper that we should go back to the electorate and allow them to reflect on what can happen.

This will very much be the Brexit election. I am pleased that we have moved the Government from their position a few weeks ago, when they did not actually want a Brexit election in which the people would be allowed to cast their views about different outcomes. They wanted to get Brexit done and go to the electorate afterwards. That would have been a travesty because it would have said to the people, “We’re going to have a general election. Brexit will be one of the big topics of conversation, but there is really no point in you expressing a view, because we’re going to conclude the matter before the first ballot is cast.” That would have been a ridiculous and anti-democratic situation. I am glad that we have moved the Prime Minister and the Government away from that approach, even if it does mean that the Prime Minister might be looking for a ditch on Thursday.

Many people have lamented the fact that Parliament has not resolved this matter, three and a half years on. In my view, that is simply because it is without any reasonable resolution. The promise of Brexit has turned out to be a lie. In 2016, people were told that they could vote to leave the European Union and would be better off as a result. That is not true, and hardly anyone in this Chamber would now argue that it was. In fact, it is a matter of how bad the different Brexit options are. That is why, quite understandably, there is now a large body of opinion in this country for whom the conclusion of this process should be to say, “That’s it. It has gone far enough. Stop it now; we want to get off.” An election will allow that view to come to the fore.

The election will also allow the Prime Minister to put his deal before the electorate. And hon. Members should be under no illusions—the Prime Minister has taken an extremely flawed deal by his predecessor and made it immeasurably worse. This series of proposals that the Prime Minister has agreed with the European Union will impoverish people in this country, very much remove the standing of the United Kingdom in the eyes of the world and leave it a much worse place. I do not want that for the people of England, Wales and Northern Ireland, and I certainly do not want that outcome for the people of Scotland. That is why it is right and proper that the Prime Minister should put his case before the electorate. I look forward to him being challenged—not just by Opposition parties, but by Nigel Farage so that we can see whether the deal he has come up with satisfies the real hard-right Brexiteers, for whom nothing will sate their appetite.

As many people have remarked, the situation in Scotland is quite different; 62% of the people of Scotland did not vote for this mess. Had teenage voters and most people in Scotland born elsewhere in the European Union been allowed to take part in that decision, the figure would have been far higher still, as it would if the question were asked again today. It is my responsibility to represent the people who elected me.