Fixed-term Parliaments Bill Debate

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Department: Cabinet Office

Fixed-term Parliaments Bill

Pete Wishart Excerpts
Monday 13th September 2010

(14 years, 2 months ago)

Commons Chamber
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Nick Clegg Portrait The Deputy Prime Minister
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I want to make a little headway on the detail of the Bill.

The Bill makes provision for the next parliamentary general election to be held on 7 May 2015.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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Was the right hon. Gentleman aware of anything else happening in May 2015? National elections perhaps? Did he consider them and reject them? Why is he holding an election on the same day as the elections for the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly?

Nick Clegg Portrait The Deputy Prime Minister
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If the hon. Gentleman can be patient, I will turn to that issue as it is a legitimate one. We had a debate last week about the coincidence of the date of the referendum being the same as that of the elections for the devolved Assemblies, but, as I shall acknowledge later, if he can hold on, I recognise that concerns about the coincidence of two parliamentary elections are qualitatively different and need to be examined further.

Each subsequent parliamentary general election after 7 May 2015 will be expected to occur on the first Thursday in May every five years, dovetailing with new arrangements that will see parliamentary Sessions run from spring to spring from 2012, as we have just heard from my right hon. Friend the Leader of the House.

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Jack Straw Portrait Mr Straw
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May I finish this point, and then I shall of course give way? Indeed, the hon. Lady might wish to answer a question that I am about to pose to her right hon. Friend the Deputy Prime Minister.

Alongside the position adopted by a former Liberal Prime Minister—the last but one, it must be said, and look what happened to him and to his successor, although we need not detain the House on either of their fates—I want to refer to recent Liberal Democrat policy. I know that that apparently does not matter, but if the roles were reversed and if, just three years ago, the Labour party had said that there should be fixed Parliaments that should last four years, we would soon hear something about that from those on the Liberal Democrat Benches. We would hear suggestions that we were selling out and standing on our heads and that we did not know what we were talking about, and would be asked what was the point of making commitments—especially as simple a commitment as that—simply to tear them up. However, that was the Liberal Democrat position. They published a position paper—I am happy to take an intervention from the Deputy Prime Minister on this point—called “For the People, By the People”, which said that the term should be four years and not five. Let me gild that lily: David Howarth, the excellent former Member for Cambridge, introduced a ten-minute Bill to the sounds of cheering from the Liberal Democrat Benches that set a term of four years and not five. He made very good arguments that were absolutely right.

I am glad that the Deputy Prime Minister has at long last spotted that coinciding the date of a general election with that of national elections in Scotland and Wales is crazy and he is about to seek to go through hoops by which the people of Scotland and Wales and the political parties that are an essential part of the process—

Pete Wishart Portrait Pete Wishart
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Will the right hon. Gentleman give way?

Jack Straw Portrait Mr Straw
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I shall in a second. Those people and parties would be burdened with two successive elections with substantial and understandable arguments about which should come first and which should come second. That could directly affect the outcome.

Jack Straw Portrait Mr Straw
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I shall give way in a second.

The answer to all that is to go for four-year Parliaments. Among many others things, if we set a four-year Parliament this one would finish in 2014 and could never clash with the four-year cycle of the Scottish and Welsh Parliaments.

Pete Wishart Portrait Pete Wishart
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Will the right hon. Gentleman give way on that point?

Jack Straw Portrait Mr Straw
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I will give way to the hon. Gentleman, but I promised the hon. Member for Solihull (Lorely Burt) that I would give way to her first. I shall then give way both to him and the hon. Member for South Antrim (Dr McCrea).

Jack Straw Portrait Mr Straw
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I do not know whether the hon. Lady was in the House at the time, but I was responsible for that Bill, which emerged from cross-party negotiation. It was an agreed measure. As for the reference to five years, we were not setting the length of a Parliament in the Bill. We were accepting that as a fact and then determining how we dealt with party funding within that frame. There was no commitment whatever in principle in favour of five years rather than four.

Pete Wishart Portrait Pete Wishart
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The right hon. Gentleman is absolutely correct and spot-on in his views on five-year fixed-term Parliaments. I know that it is not my job as a Scottish National party Member to give the Labour party further reasons to vote against Third Reading, but will he guarantee to me that if there is no change in the date and if these elections are to clash, the Labour party will oppose the Bill?

Jack Straw Portrait Mr Straw
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First, I cannot make that offer, not least because it is almost certain that it will not be me standing on the Front Bench, for reasons that the House knows. Although I keep saying that I will leave the Front Bench—and I have probably never been busier as a Front Bencher—it is my intention to do so. Secondly, it would be a matter for the shadow Cabinet and the parliamentary party even if I were to lead on this issue. As I have said to my other hon. Friends, we would weigh all these matters and come to a view.

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Graham Allen Portrait Mr Allen
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I will have to let the Minister answer that question in the wind-up. With the first Bill—on AV and boundaries—there was a desire for a referendum in May and a great rush to secure one. With this Bill on fixed-term Parliaments, which would benefit immensely from study—not delay, but getting it right—I have not really had a sensible explanation as to why it is being pushed through in the brief period when the House is back in September.

The Bill as a concept—and so without a Second Reading—could have been discussed on the Floor of the House in June or July. Without any knowledge of the Bill, we could have discussed the key principles, but it was not put before us in a way that enabled the Committee to bring sensible and serious evidence before the House. If doing things that way could become part of the process, I would be very happy, but that would really mean putting it in Standing Orders. It is no good waiting for smoke signals from Ministers or the Leader of the House; it should be the right of this House to look at legislation. That should be what we expect, not something that may be handed down with a nod and a wink.

Pete Wishart Portrait Pete Wishart
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We all very much enjoy the hon. Gentleman’s evangelical speeches on behalf of empowering the House, but there are three representatives of minority parties in the Chamber, and he will know that we do not have the same access as hon. Members in the three big parties. What is he actively doing to ensure that we are represented in all those important Committees of the House? We are not on his Committee, for example, or on the Liaison Committee, and there are so many others. Surely he could help us a bit more to get there.

Graham Allen Portrait Mr Allen
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I do not want to go over old ground—you might pull me up, Madam Deputy Speaker—but the hon. Gentleman will know that there are a number of us, not least among the Select Committee Chairs, working away on that issue to try to find a happy resolution. Unfortunately, what was agreed at that moment was a satisfactory compromise, but not exactly what we might all have wanted in those negotiations. None the less, that is something that the House must continue to pursue.

Another advantage of the predictability and continuity of a fixed-term Parliament would be that it would give Members of Parliament and their staff, and the staff of the House, some clarity about the House’s timetable and calendar. That would bring some stability to the way in which staff are employed, for example, and to their holidays and their terms and conditions. Such provisions in the Bill would also give electoral registration officers in every locality a greater length of time to prepare than they have when a snap election is called. We have heard, in a different context, lots of stuff about people failing to register. It would be well within the compass of election registration officers to build up a registration campaign ahead of key events such as general elections, and to plan ahead for such campaigns.

We have also heard—I think it was from the Deputy Prime Minister, or perhaps from an intervener on him—about the Electoral Commission’s report, which was published today. It talks about the importance of overseas and forces voters being registered properly, and a fixed-term Parliament could broaden our democracy by making that work. At heart, however, the Bill is about restoring policy questions to our politics, and about not being so distracted by the media blood sports relating to whether we are going to have an election, in whose favour it will be and when the Prime Minister is going to go to the palace.

Finally, I want to deal with the failure to get effective scrutiny for the Bill. That failure has meant that we have not been able to look at a large number of issues that attach to a fixed-term Parliament, including the use of royal prerogative powers and the strength of the Executive over Parliament. We have not been able to study the links between what we are proposing now and fixed-term Parliaments in other areas. We have not been able to examine prerogative powers in relation to proroguing Parliament. That has been mentioned tangentially, but why do we still have these obscure, ancient rights? No one, except those who work inside the Executive, seems to know quite where they come from or how they can be exercised. These things are not in our power; they are not part of Parliament’s mastery of its own destiny.

The power to set the date for the meeting of Parliament after a general election is not in the gift of the Members who have just been elected; it is in the gift of the Government. We are not masters of our own destiny in that regard. The power also exists for the Prime Minister to go to the Palace without any authority from Parliament. We talk about things being announced on the “Today” programme, but the Prime Minister does not even need to come to the House to announce that there is to be an election. He does not even have to come here, as the leader of the main party, to claim the right to be sent by Parliament to the palace. We see smoke and mirrors on general election night; colleagues are a passing butterfly of an electoral college that night, and they are expected simply to toe the line thereafter. That is what royal prerogative powers are about; what the term really means is Executive power. All those powers remain untouched and unlooked-at, because we were not allowed to scrutinise the Bill effectively.

I will vote for the Bill tonight. In principle, we need a fixed term for our Parliaments. We should debate on the Floor of the House whether it is four years or five. We should, however, have had proper scrutiny. That would have made this a better Bill. I say with some empathy for the coalition Government that, above all, if they want to change the way in which we are governed, and the way in which our democracy works, they cannot do it by the old methods. They have to reach out, explain and educate. If they do not, those people who would otherwise be their friends and make a consensus work, and who would make the new democracy work and give Parliament the rights that it deserves, will not be with them. It is a great mistake to push through legislation, particularly legislation of this nature, without trying to bring people with them, and the most important people to bring with them in that regard are Members of this House of all parties.

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Mark Williams Portrait Mr Williams
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I understand the hon. Gentleman’s point, but I hesitate to agree because we are talking about national elections for countries—about two general elections happening simultaneously in the same country. That is the difference. We are talking about the relationship between the media and the campaigns and the ability of the Welsh and other Celtic nations to get their message across in the national media.

Pete Wishart Portrait Pete Wishart
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The hon. Gentleman is on to a good point. I heard the Deputy Prime Minister say that a solution would be found, but does the hon. Gentleman agree that it would not be acceptable to have those elections only a few months apart? We cannot be in continual election mode in Scotland, Wales and Northern Ireland for, say, six months a year. There has to be clear blue water between the elections.

Mark Williams Portrait Mr Williams
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That is the debate that needs to be had. I took the Deputy Prime Minister’s statement as the opening gambit in that discussion. I think that the hon. Gentleman is right. For the First Minister in the Welsh context simply to tamper with the date and have a general election in Wales a month after a general election would be completely unacceptable. We would have two months of perpetual campaigning and the drowning out of Welsh, Scottish and Northern Irish issues would still very much apply.

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Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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“R-E-S-P-E-C-T” is what Aretha Franklin sang so heartily back in the 1960s. [Interruption.] From a sedentary position I am hearing pleas to sing, but I shall try to avoid doing that.

The same mantra has been adopted by the coalition Government in the context of their relationship with Scotland, Wales and Northern Ireland. Although no one would for a minute accuse Aretha of being anything less than passionate and committed to the respect agenda, I do not think that the same could be said of the coalition Government. They are not so much about “RESPECT” as “CONTEMPT”. What we have seen from them is not so much a respect agenda as an almost total contempt agenda. They do not consult our Governments about any legislation that they seek to introduce, although it introduces huge constitutional reforms. They do not take any of our objections or any of our realistic difficulties seriously. We are dismissed and almost belittled when we try to make complaints, and that is not good enough. This Conservative and Liberal Government will have to learn to engage properly with the devolved institutions of Scotland, Wales and Northern Ireland. If they do not know the words of “Respect”, perhaps they should go and listen to Aretha once again.

This issue follows on from last week’s constitutional Bill, on which there was not a peep of consultation with any of the Governments of Scotland, Wales or Northern Ireland, even though what is proposed in the Bills last week and today will have dramatic effects and a huge impact on the democratic processes in the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly.

I do not have a problem with fixed-term Parliaments; we have them in Scotland and they work perfectly well. Everybody understands that we will have an election every four years. They get rid of the whole idea of prime ministerial or first ministerial advantage. They get rid of the silly and ridiculous situation we had last year when a lame duck Prime Minister hung on to the last possible minute, seeing if there were any advantage in calling an early election, and then eventually went the full term. Fixed-term Parliaments get rid of all that nonsense and are, in effect, a good thing. I support them.

But why five years? I struggle to understand why we need to have five years for fixed-term Parliaments. Why not get in line with the rest of the UK? It is four years in Scotland, Wales and Northern Ireland. Were we to adopt a four-year fixed-term Parliament, we would not have the difficulties of clashing with the Welsh, Northern Irish or Scottish elections. Surely that should be the real intention. Let us not create constitutional confusion in this country. Let us try to make sure that people can understand what is going on.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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Does the hon. Gentleman agree that most modern comparable democracies, including elsewhere in the UK, have four-year fixed terms?

Pete Wishart Portrait Pete Wishart
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The hon. Lady is absolutely right. The report from the Political and Constitutional Reform Committee analysed legislatures throughout the world and found that the norm was four years and that five years was very unusual. Surely the Government should be looking at what is the norm throughout the world.

Andrew Percy Portrait Andrew Percy
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As interesting as it is to hear about what is happening in other countries, I am more interested in what happens here. The hon. Gentleman will of course be aware that the average length of a Parliament in this country since 1945 has been 3.7 years. Actually, four years would be a very British thing to do.

Pete Wishart Portrait Pete Wishart
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I am grateful for that intervention. The shadow Justice Secretary made that point earlier. We have learned some fascinating pieces of electoral history today. The point is well made; when it comes to talking about the history of this nation—never mind international examples—four years seems to be just about the right length of time for a Parliament to get its legislative programme through.

If we move to five years, the next general election will be on the same date as the elections in Scotland, Wales and Northern Ireland. What on earth were the people who came up with the Bill thinking about? Surely they looked at the date of May 2015 and thought, “Wait a minute. Something happens that day.” Surely they should have thought that the thing that will happen that day is the elections throughout the rest of the UK. Either they did not know or they did not care. Which was it? Did they not care that having those elections on the same day would result in absolute and total confusion? Does the Minister know that there are different constituencies for the Scottish and Westminster Parliaments? Two different sets of returning officers and polling staff would be required. God knows what the counts would be like, but it would be an absolute recipe for total disaster.

Any Scottish election campaign inevitably would be drowned out by the London metrocentric media. There would be leaders’ debates without any representatives of the Scottish Government involved. The campaign would be skewed towards the big parties. We would have no chance whatever of getting our point across. All domestic issues in Scotland, Wales and Northern Ireland would be totally and utterly overlooked. It is not right, it is not fair and it is not the way to proceed with our democracy in the UK.

It is not just about elections; it is about democracy and ensuring that people can make an informed choice when they come to put their cross on the ballot paper, whether for this House, the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly or local elections.

I listened with real interest and care to what the Deputy Prime Minister said about trying to address the problem. I accept that he is sincere and I look forward to hearing further plans for how that will be done, but we cannot do it now. The returning officers in the other Parliaments and Assemblies have the power to alter the timing and dates of an election by one month. One month would make no difference whatever. Can we imagine how ridiculous it would be? We would just have gone through an election and would be celebrating victories—we hope—and then we would be off to the next one without having time to draw breath. That is nonsense and must be looked at properly.

The Government will have to devolve powers to the Welsh Assembly, the Scottish Parliament and the Northern Ireland Assembly. That would mean reopening the relevant legislation, as that would be the only way to do it. These powers should be transferred to the Scottish Parliament so that it can determine its election date.

I heard the Secretary of State for Scotland talk about a six-month gap between the Scottish and Westminster parliamentary elections. I do not know whether the coalition Government are starting to put that together as a solution, but six months is not good enough either. That would mean almost a whole year of elections. We would just conclude one campaign and then we would start another.

Anne McGuire Portrait Mrs McGuire
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Will the hon. Gentleman give way?

Pete Wishart Portrait Pete Wishart
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I am sorry, I cannot. I have only three minutes left and I have a few more things to say.

We need a clear space, and six months is not sufficient to ensure properly contested election campaigns. Why must the devolved Assemblies and Parliaments move their dates? We have had our election dates set in stone since 1999. The next election will be the fourth we will contest. The Government knew that these elections would take place in May 2015. Surely it is this House that should move its date; it could go six months earlier or later. It just is not fair or right. I look forward to the Government’s proposals but they must be substantial because what has been proposed so far is not good enough.

I am pleased that the Government got rid of the silly notion of a 55% threshold for the Dissolution of Parliament. I heard some utter nonsense about the programme for dissolving the Scottish Parliament in defence of the 55% proposal. I am pleased that the Government did, more or less, adopt the Scottish system for Dissolution almost in full, and that is right.

I want to conclude with a few words from Ron Gould, the man who was drafted in by the Electoral Commission and the Scotland Office to look at the disaster that was the last Scottish parliamentary elections. We remember it not only because of the fantastic SNP victory, but because of the 140,000 spoilt ballot papers that resulted from the previous Government’s combining of local authority elections with Scottish parliamentary elections, using three different electoral systems. We cannot allow that to happen again. The paramount concern of the House must be the electorate; they must have free and fair elections and must not be confused as to how they make their choice.

Aretha sang about respect. I hope that the Minister is listening, that he can start to get the respect agenda back on the rails and that he will listen to the people of Scotland, Wales and Northern Ireland so that we do not have three elections on the same day.

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Mark Harper Portrait Mr Harper
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If my hon. Friend will forgive me, I want to make some progress.

On the subject of the date and combination of the elections, my right hon. Friend the Deputy Prime Minister made it clear that the Government draw a distinction between the coincidence of the referendum next year and parliamentary or Assembly elections—a combination that we think is perfectly justifiable when there is a simple yes-no decision—and the coincidence of elections to different Parliaments or Assemblies. He accepted that such elections were more complex and made it very clear that the Government will engage and continue to engage with devolved Administrations.

Pete Wishart Portrait Pete Wishart
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rose—

Mark Harper Portrait Mr Harper
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Let me just make the point about Scotland and then I will give way. My right hon. Friend the Secretary of State for Scotland, for example, has written to the leaders of each of the groups in the Scottish Parliament, the Presiding Officer, Opposition spokesmen in this House and the Chairman of the Select Committee and intends to continue that dialogue. Indeed, I will meet him to discuss this matter further. We take these issues seriously and are not just paying lip service to them.

Pete Wishart Portrait Pete Wishart
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I am very grateful to the Minister for giving way. He will have heard the strong representations in today’s debate about the combination of both elections. We must hear a little more from the Minister about the specific proposals to ensure that there is no clash in the election dates. What is in his mind about how we can untie and unlock the two elections?

Mark Harper Portrait Mr Harper
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I do not think that the hon. Gentleman can have it both ways. If I were to come out with specific proposals before we have discussed them in detail with representatives from the devolved Administrations and from those Assemblies and Parliaments, he would rightly criticise me for being high-handed. The Deputy Prime Minister has made it very clear that we want to solve this problem.

On the issue of not having consulted people in advance, however, I think it is right that, unlike what happened under the previous Government, proposals brought forward by the Government should be announced to this House first before they are discussed with others. That explains why we did not hold those discussions with others first.

On the issue of confidence and the mechanism for motions of confidence, a number of colleagues on both sides of the House seem to be a little confused about the present position. This Bill does not change the position in any way. The right hon. Member for Knowsley and my hon. Friends the Members for Epping Forest and for Christchurch (Mr Chope) all appeared to confuse to some extent our proposals on confidence and on Dissolution. It is very clear that, on confidence, we are not changing the position at all. The Government must have a simple majority in this House.

My hon. Friend the Member for Tewkesbury (Mr Robertson) worried about a change of Government without an election. That can happen now, so that is not a change. My hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) said that there was an automatic right for an election following the loss of a confidence vote. There is no such automatic right—that is a matter of judgment for Her Majesty the Queen.