Dissolution and Calling of Parliament Bill

Patrick Grady Excerpts

Consideration of Lords amendments
Monday 14th March 2022 Commons Chamber

[Mr William Wragg (Hazel Grove) (Con)]

I thank the hon. Member for Nottingham North (Alex Norris) for the introduction where he described me as being cheeky faced. It will stun the Opposition and surprise the Government that I will be voting enthusiastically with the Government in the Lobby later, so clearly my re-education is having the desired effect.

I rise to speak against the Lords amendment and in favour of the Government’s motion to disagree. I view the Fixed-term Parliaments Act 2011 not through rose-tinted spectacles as a great beacon of constitutional progress, but as a politically expedient measure that helped to secure a coalition in which the junior partner feared being unceremoniously dumped part way through an electoral term.

The lesson of the passage of this Bill thus far, and indeed of the work of the Joint Committee and of my Public Administration and Constitutional Affairs Committee, is that the genie cannot simply be put back in the bottle. I slightly disagree with the Minister, because by removing a prerogative power, the 2011 Act made it impossible to return completely to the status quo ante, hence the need for the Bill where we are codifying Dissolution for the first time. That cannot easily be argued against.

At the heart of the Lords amendment is whether the House should maintain a veto on Dissolution and the calling of an election, and I believe that it should not. It is for the monarch to dissolve the House following a request—I emphasise “a request”, unlike the early drafting of the Bill, which suggested that Her Majesty be advised to dissolve—from Her Majesty’s Government.

[Patrick Grady (Glasgow North) (SNP)]

Why is it good enough for the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly to operate on fixed terms but not this place?

[Mr Wragg]

The hon. Gentleman invites me to be intemperate about the difference between this House and the other Parliaments of the United Kingdom, which I will resist entirely. Places evolve through their own conventions and those Parliaments are doing exactly that. There is no need for universality; surely he would argue that the beauty of devolution is that it allows for difference. If he wanted uniformity, however, he would essentially support the United Kingdom.

The impetus for the Bill came from the logjam of the previous Parliament.

It is important to note where the impetus came for this Lords amendment, because it is a symptom of the mistrust that followed the Prorogation that never was, in 2019.

--- Later in debate ---

[Brendan O'Hara]

I thank the right hon. Gentleman for that intervention, but that is a decision for this Parliament to take. We are elected to take decisions, and to abdicate that responsibility to the Executive is a dangerous route to go down; we should not do that. He says that it is the people, but we in this Parliament are the voice of the people, and there has to be a check on the powers of the Executive.

[Patrick Grady]

What we are hearing, especially from Government Members, is continued Westminster exceptionalism: that this place, particularly the Executive, once elected, knows what is best. That is why I raised the comparison with the devolved institutions, which operate to strict fixed terms. If they are to devolve early, that has to be a decision taken by the legislature as a whole.

[Brendan O’Hara]

I thank my hon. Friend for that intervention, and he is right. What we are seeing is, as he describes it so eloquently, Westminster exceptionalism, because this does not go nearly far enough. It is the absolute minimum that one would expect.

As Tom Fleming of University College London and his colleague Meg Russell, the director of the constitution unit there, said of this Lords amendment:

“Requiring prior Commons approval for an early general election places some check on the executive, while reducing the likelihood of either the monarch or the courts being embroiled in damaging political disputes.”

They are right, but the problem for Tom Fleming and Meg Russell is in believing or hoping that that this Executive would welcome having checks being placed on their power, be they parliamentary or judicial, because they simply do not.

--- Later in debate ---

[Jackie Doyle-Price]

Members across the House want the repeal of the Fixed Term Parliaments Act 2011, but in its defence, it was a creature of its time and it delivered stable government for five years. Let us not reinvent history regarding why it was introduced in the first place. It disappoints me that so much of this debate has been seen through the prism of 2019. That was a unique political position where we were divided by an issue that crossed party and electoral politics. We risk making very bad law on the basis of what happened in that history.

Call me old-fashioned, but I am a romantic when it comes to our constitution. We have an unwritten constitution, and the less of it that is written, the more likely it is to flex to meet those challenges. On that basis I am opposed to the Lords amendment. However, equally, while the Government’s stated ambition is to go back to the status quo ante, the existence of the ouster clause goes beyond that, and the amendment is an alternative to that ouster clause—it is another way of ousting the courts from deliberation on our proceedings—so the ouster clause’s existence makes a strong argument for it as an option.

I regret that we are having this debate. As Conservatives, we ought to stick to the more romantic view of our constitution and be able to expect Prime Ministers to behave well and honourably in their deliberation with monarchs so that monarchs are never put in that difficult position. However, we have the Lascelles principles, which articulate the occasions where the monarch can be empowered to involve themselves in politics, and that should be enough. I recognise that the argument is lost—it was probably lost in 2011 when the Fixed-term Parliaments Act was passed, and it certainly was when we came to the sad events of 2019—but I hope that we can go back to normal.

[Patrick Grady]

It is not really for the Scottish National party to defend the Westminster interpretation of democracy, but the Bill, and rejecting the Lords amendment, is such a retrograde step that we must put that on the record and see it as part of a bigger picture. This is not control being taken back by Parliament but control being taken from Parliament by the Executive and, as a number of other hon. Members have said, consolidating power as part of a package of measures—not least the Elections Bill.

The effect of all that is that the next election campaign starts today. Everyone in the Chamber must therefore be aware of what they are doing when they cast their vote on the amendment. The campaigning starts today. The power will end up with the Prime Minister and he alone, without the check of his Cabinet or of this House. That is a significant power grab that will further undermine confidence among the public in the institutions of this place. Again, I say to Government Members that, from an SNP point of view, that is fine in a way. The Bill and the rest of their package of reform is not strengthening the Union. As I said in my interventions, we can look at the systems in place to protect the devolved institutions’ democracies and see how they can dissolve only with the permission of the legislature or must operate to a fixed term that everyone knows in advance, but the Bill is taking this place backwards. It is increasing the divergence on these islands. Once again, from where I am standing, that is fine, but perhaps Government Members ought to think twice about it.

[Michael Ellis]

First, may I say to my hon. Friend the Member for Thurrock (Jackie Doyle-Price) that I, too, am a romantic—that may come as a surprise to the House—especially when it comes to the constitution? I agree that flex is required and that it is highly desirable to have an unwritten constitution that gives us that flex and ability to change things as needed while accepting the conventions of our constitution.

The Lords amendment before the House is not a small amendment; in fact, it is a wrecking amendment as it would convert the whole purpose of the Bill. I can hardly think of anything more democratic than saying: a Government of any particular day might have lost of the confidence of the elected House and will therefore go to the country and ask the people for their view.

I know that the Opposition would not want to go back to 2019 and, as happened then, block a general election three times. That is no doubt why they agreed in their manifesto that the 2011 Act had to go. Let us not allow that to happen again. Let us hand power to the people, let us protect the sovereign from involvement in politics and let us disagree with the Lords amendment.

Question put, That this House disagrees with Lords amendment 1.