Fixed-term Parliaments Bill

Debate between Richard Shepherd and Lindsay Hoyle

Wednesday 24th November 2010 Commons Chamber

[Mr Shepherd]

Mr Hoyle, I have a point of inquiry following your response to the Opposition’s Front-Bench spokesman, which is about the stand part debate. As the amendments are theories in concatenation, it is difficult to address an amendment in isolation without reference to a wider context.

[The Chairman]

It is unlikely, not ruled out. The other point is that I am not sure that we will even get there. At the rate at which we are going, we have quite a while to go yet.

[Mr Shepherd]

Thank you, Mr Hoyle. I shall start with my first observation, which is that the test of each clause in both of the constitutional Bills is to ask in what way it enhances the role of the people in relation to Parliament. The answer, again, is that this does not. The measures are meant to be an internal reorganisation of the rules and regulations of the House of Commons effected through statute. We have had advice from the Clerk of the House that, if challenged, it will be open to judicial interest and the views of the courts. Historically, this matter has always been determined within these precincts and so the question of what we call parliamentary privilege is particularly germane to the Bill. I am very concerned about that. I make the perhaps minor observation that in a struggle between a new Government without a mandate and the House of Commons authorities, who are appointed by the House, I would back the advice of the House rather than that of the politically motivated and interested Government of the day. I do not dismiss the Clerk’s memorandum or accept the response to it, which is effectively like that television sketch “Computer says no.” That is an extraordinary and very undignified response to the Clerk’s advice on something that is of the greatest importance to Members of the House, and through them, citizens’ rights, activities and freedoms.

My next point concerns the accumulation in clause 2 and the proposed amendments to it of purposes, or distinctions between ways of dissolving Parliament. These measures have shifted my position from benign acceptance of the concept of a fixed Parliament to one of questioning whether there was not greater wisdom in the proceedings and processes that we had before. These measures worry me enormously. My hon. Friend the Member for Epping Forest (Mrs Laing) generously moved an amendment in which she has no confidence in order to test a proposition, and she did test it—to destruction. On examination, the amendment is too threadbare and offends the very conscience of why we are here. It suggests that some Members’ views on whether a Parliament should stand or not should be disregarded because they do not have a party leader who represents a certain number of votes. I do not know how such an amendment got through the Select Committee but I think it was to form the basis of some sort of standing order that could be cooked up to meet the point about judicial inquiry into the purposes or nature of the Bill.

Let me make another point about motions for an early election or of no confidence. We have tickled, argued and considered across the Chamber the way in which Mr Callaghan accepted that there had to be a general election, but that was nearly at the end of a five-year Parliament. There was very little scope beyond going the few months left, but he stood up immediately and said, “There will have to be a general election.” I remember the perfervid moments of the Maastricht debates and the subsequent consequences of a Government who had a very small majority wanting to increase the rate of VAT on domestic fuel. The motion was to be vehemently opposed by people such as myself, who had lost the Whip, but not just because of that—it was an opposed measure. It could not have fallen but for the support of Conservative Members who took a broader view on it, and it did fall.

The argument that was put by the bastion of the 1922 Committee and the Whips, of course, for they have an argument for all seasons, was that if it fell, the Government would fall, and that the solemnest duty of any Conservative Member was to support the measure because the confidence of the House stood in the Budget. I shall always have a soft spot for the Justice Secretary—then the Chancellor—because when he lost the vote, he said, with that famous giggle, “Oh, we’ll have to have a corrigendum Budget.” We duly had one on the following Thursday. I am really talking about the pressure that was put on Back Benchers, because we were told that the Government would fall.

If I had stood in front of my constituents at the general election and said, “I’ve got two little measures. The short title of one of them is the Fixed-term Parliaments Bill, but the long title seems to contradict that concept,” they would have been bemused. If I had then started talking to them about the nature of confidence votes and motions for an early election, they would have been struggling. We were entering an election and they knew what it was about; there was a crisis. There was a huge public deficit and anxiety about jobs, yet here was Shepherd of Aldridge-Brownhills troubling them with the notion that

“each member of the House of Commons who at the time of the motion being made is the registered leader of a registered party”

and so on. If I had done that, my constituents would have thought, “Well, he’s been with us a long time,” and they might have made a different judgment in the election.

The measure has no mandate. I have opposed other constitutional measures, but however wrong I thought the balance of the argument was for the detail of the Scotland Bill proposed by Labour, no one could say that there had not been a national convention on it. There was no political party in Scotland that had not long resourced such a measure. I recall John Smith’s role and that of a whole series of people. They were alert and alive to the issue. No one could claim that there was no mandate for the reforms and changes that took place under the sovereignty of this Parliament to create a Scottish legislative structure and to pass powers to Scotland. The constitutional developments in Wales and Northern Ireland were similar.

Those measures could claim a mandate. The 19th century is often cited, but these are long struggles. I was a little riled by the Labour spokesman because he referred to the 18th century. It is proclaimed that the glory of the House is reflected in our coming to the democratic age—it is rather like dividing up what happened in a great empire—but the democratic age is fairly fresh and young and new. It did not really start until the 1860s. That was when political parties were formed and there was a more regimented approach to the management of the House—not easy to do. There was a glorious extract from the London Illustrated News next to the office of my hon. Friend the Member for Stone (Mr Cash)—I now know where Pericles found the stones to get over his lack of confidence. The extract was from the Queen’s Speech—then Her Majesty Queen Victoria. The burden of it was to say, “This parliamentary Session”—well, this particular parliamentary Session will last for ever, but apart from that—“Her Majesty’s Government will concentrate on foreign affairs. It will leave domestic legislation to the House.” Just like that. That is a world away from where we are now—where the Government have to fiddle and twiddle, and do everything at the behest of a very informed—

[The Chairman]

Order. The hon. Member for Rhondda (Chris Bryant) also gave us a history lesson and had to be reminded to come back to the amendment. I am sure that the hon. Member for Aldridge-Brownhills (Mr Shepherd) would prefer to stick to the amendment. I realise that we can broaden things out, but we are going a little bit too far from the measure.

[Mr Shepherd]

Of course, I joyously do that. Implicit in every line of the measure is the management of the House. That is the only reason why I diverted slightly to recall the London Illustrated News.