Dissolution and Calling of Parliament Bill (Instruction)

Owen Thompson Excerpts

Monday 13th September 2021 Commons Chamber

[The Minister for the Constitution and Devolution (Chloe Smith)]

It is a pleasure to serve under your chairmanship at this stage of the proceedings, Madam Deputy Speaker, when so much more still awaits us if only we have the chance to get to it.

The first point to make is that this is not the right place to debate Prorogation. This is a short and narrowly focused Bill concerning the ending of one Parliament and the beginning of a new one, and the process of getting from one to the other, not the ending of a parliamentary Session. Therefore, the Government’s view is that expanding the Bill to cover Prorogation would not be appropriate.

[Owen Thompson (Midlothian) (SNP)]

Will the Minister give way?

[Chloe Smith]

So soon?

[Owen Thompson]

I just wanted to ask a brief question. If this is not the right place for this topic to be debated, where is the right place for it to be debated?

[Chloe Smith]

How wonderful to be pre-empted on a core remark that I was going to make anyway. What I ought to say first, however, is that while there is some similarity between the concepts of Prorogation and Dissolution—as the Clerks have observed in calling them “cognate matters”—in that they are both prerogative acts affecting the sitting of Parliament, they are, beyond that, quite distinct. Dissolution is the end of a Parliament before a general election, providing an opportunity for the electorate to exercise its judgment on the Government of the day. Prorogation is simply the formal ending of a parliamentary Session. The Public Administration and Constitutional Affairs Committee wrote to me recently saying that there was

“no read across from prorogation and dissolution”,

and I agree with that.

The Fixed-term Parliaments Act 2011 expressly did not affect the prerogative power to prorogue Parliament. Our Bill to repeal that Act, which is what we are considering today in Committee, therefore does not touch on matters of Prorogation. To do that would significantly widen the scope of the Bill beyond the manifesto commitments of this side of the House and those of the other side of the House, who were clear in their manifesto that they wished to repeal the Fixed-term Parliaments Act. It would even go beyond the short title of this Bill. Therefore, it is inappropriate to put such measures in the Bill.