Fixed-term Parliaments Bill

Debate between Richard Shepherd and Mark Harper

Wednesday 13th July 2011 Commons Chamber

[Mr Harper]

I am afraid that my hon. Friend is simply not right. That is not the current constitutional position. The current position is that for a period of time during which a Government have the confidence of this House, the only person who decides whether there should be a general election—assuming that we have not reached the end of the Parliament—is the Prime Minister, who seeks a Dissolution from Her Majesty the Queen. Members of Parliament, unless they vote down the Government on a vote of confidence, do not have that power. The general public certainly do not have that power.

[Mr Richard Shepherd (Aldridge-Brownhills) (Con)]

The Minister’s proposition was a much disputed one. It was thought at one stage that Mr Major, when Prime Minister, was prepared to call a general election during the difficulties surrounding Maastricht. The argument put by people such as Robert Rhodes James was that it was a matter for the Cabinet as a whole to give the Prime Minister the authority to go to the Queen—a more collective approach. The coarse person, the Back Bencher on the streets—or rather the Benches here—would argue that the Cabinet at the time would have thrown themselves in front of John Major’s car if he went to Buckingham palace, as the last thing the Conservative party could bear at that juncture was a general election. It is a process; that is what my hon. Friend the Member for Stone (Mr Cash) is talking about. The Prime Minister is not the only person who can determine a general election. That is the ebb and flow of real politics, which is what this House is about. That is why, as I am sure the Minister will understand, there is opposition to some of the propositions in the Bill.

[Mr Harper]

I am not sure that I want to conjure up visions of Cabinet Ministers throwing themselves in front of prime ministerial cars, which is not a happy thought—[Interruption.] Some of the comments from Opposition Members are unworthy of them. Let me explain what I do not understand about my hon. Friend’s point. He is arguing, I think, for decisions about the timing of general elections to be a more collegiate effort, rather than just the choice of the Prime Minister—but that is exactly what the Bill does. It takes away from the Prime Minister the power to call a general election by asking the Queen for a Dissolution and gives that power to Members. Two thirds of them can choose to have an early election for any reason, including general concerns about the state of the country, which deals with the point raised by my hon. Friend the Member for Stone. Having this Bill in place would allow that to happen, which cannot be done today. The other way of bringing about an election is the Government losing a vote of confidence. That is why the Government believe that the Bill should be in place; it should not be up to each individual Parliament to decide whether the Bill should remain in force. That is why we oppose these sunset clauses.

We think that the real threat presented by the amendments is that they could create a scenario in which political parties, and specifically the Government party, could choose in each Parliament, even at its beginning, whether that Parliament should be a fixed-term one. As the Bill is currently drafted, both Houses would have to vote in favour of the Fixed-term Parliaments Bill kicking into place at any time during the Parliament. I simply do not think that that is a very sensible proposition. It would mean that Governments would have a way of manipulating the timetable. We should think it through. If both Houses have to vote in favour of a motion for a fixed-term Parliament to be in place, a Government with a majority could simply refuse to pass that motion—and we would effectively have given back to the Prime Minister the ability to call an election. That would not be a positive step forward.

It is important to note that when this House and the other place were legislating for the fixed terms of the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, it was not thought appropriate to have sunset clauses. We did not give those legislatures the opportunity to pick and choose each time how long their terms of office should be. I do not believe that doing so makes sense now.

--- Later in debate ---

[Mr Harper]

The hon. Gentleman sets me up very nicely for my final quotation. In this Bill’s Second Reading debate—which took place a long time ago, on 13 September 2010, which goes to show that the Bill has enjoyed leisurely progress through both Houses with proper scrutiny in both Chambers—the right hon. Member for Blackburn (Mr Straw) said:

“I have long been in favour of fixed terms. I could dig out correspondence I had with Margaret Thatcher in 1983 about fixed terms. The Labour party committed itself to fixed terms in the 1992 election. What typically happens—this is why I welcome the measure and why I wanted that commitment in our manifesto—is that parties in opposition that are in favour of fixed terms go off the boil on them when they come into government.”—[Official Report, 13 September 2010; Vol. 515, c. 645.]

Interestingly, we have done the opposite. We were not very keen on them in opposition, but we have become keener on them in government, and this was in our coalition agreement.

[Mr Shepherd]

rose—

--- Later in debate ---

[Mr Shepherd]

I am startled by my hon. Friend’s line of argument. I did toil through our election manifesto, and I saw no pledge or undertaking at all to have a fixed-term Parliament, and least of all a fixed-term Parliament for five years, so what is his line of argument?

[Mr Harper]

My hon. Friend rightly says that we did not have a commitment to do this, but equally we had not promised not to do it. The case was made to us that there was a good case for fixed-term Parliaments, provision was made for them in the coalition agreement and we brought the measure before the House. When good arguments are made, wise Governments listen to them and introduce these very sensible measures. They do not contradict anything that we had in our manifesto. It is usual for Governments to introduce proposals that were not in their manifesto when sensible arguments are made for them. That is a perfectly sensible proposition.

--- Later in debate ---

[Mr Shepherd]

I agree with a lot of the points made by the hon. Member for Foyle (Mark Durkan). I am conscious that this a Bill to fix a Parliament: that is the purpose behind it, plain and simple. The difficulty that the House of Lords faced and that we face in this House—it is the reason I voted against the Bill on Second Reading and otherwise—is the incoherence of the constitutional change that these amendments, to some extent, address.

We are embarked on almost reckless constitutional change with no overall coherent view of what we want. I know what I want, and I rather suspect that the hon. Member for Foyle knows what he wants—a democratically elected, accountable House of Lords. That raises all sorts of subsidiary questions as to which has primacy and which does not. We have here a fix, without any view as to what the constitution is going to be, that has involved nothing other than the coalition partners bringing forward a Bill that contains certain propositions that do not relate. I appreciate that we have had all the debates about four years as opposed to five years and the rhythm of the process. We have had the AV referendum, which was again unrelated to how the constitution was going to look.

That is why the Lords tabled these amendments. In a sense, they are not serious amendments—serious in the sense of how they prick this process and bring in a wider consideration of what the constitution should be, to whom is it accountable, and how we make these changes. Essentially, this fixed-term Parliament proposal is “back of the envelope”. Do we really want a five-year fixed term when we might have had only four years? I think that that was the position of the Labour party in its manifesto, and the position of the Liberal Democrats. The joyous thing about it is that we did not have a view, other than against, in our election manifesto.

[Mr Harper]

I want to pick my hon. Friend up on his point that this has been done on the back of a fag packet.

[Mr Shepherd]

I did not say that—I said an envelope.

[Mr Harper]

Yes, forgive me—it was the hon. Member for Rhondda (Chris Bryant) who said it was a fag packet. This Bill was introduced in July last year. It was fully debated in this House and in the other place, and it is now almost a year later. One cannot in any sense agree with my hon. Friend’s proposition that the parliamentary debate on and scrutiny of this Bill has not been thorough and well thought through.

[Mr Shepherd]

I am sorry, but my point was not as the Minister so kindly describes it. My point was that we are talking about a constitution. The problem for everyone, not only in this Chamber but out there too—the people—is what are the forms and proper norms by which we should conduct our business, electorally or otherwise.

Now these piecemeal bits are coming forward whereby the Lords make the absurd proposition that it should have a role, as an unelected House, in determining when an election should be. That is clearly absurd, and to that extent I am sympathetic to the Government. However, I am very opposed to a five-year Parliament. There has been no testing on that. A parliamentary majority in this House will now determine that we have a new form of constitution that the hon. Member for Foyle is apparently happy about on the basis that it is only temporary and we might have a different, and therefore proper and better, version at a later stage. We have to deal with where we are here and now. We want a proper constitution, I would argue. I think that that is the position of the Labour party. I know that a good many Government Members also want a constitution that stands the test of time. No one from outside has really been invited into the supposed consultation.

The Deputy Prime Minister has not even come to argue for his position. That truly trivialises the whole process. I have gone on about that before. However much I am thrilled with the presence of the Minister, it is absurd that those who make these propositions cannot come here and argue for them.

Fixed-term Parliaments Bill

Debate between Richard Shepherd and Mark Harper

Tuesday 18th January 2011 Commons Chamber

[Mr Shepherd]

The constitutional arrangements of Australia are a matter of written statute there, and I understand that the Governor-General exercised the prerogative power in the case to which the hon. Gentleman refers. However, that is not what I am concerned about; I am concerned about our own constitutional processes. I think that the statement by my hon. Friend the Parliamentary Secretary was misjudged, but he has never withdrawn it. He is a representative of the Government, and of the Crown itself, but as a Member of Parliament he has never withdrawn that statement.

My nervousness about the Bill is clear. I am nervous about the idea that two parties can mandate that their existence as a coalition should last for a term of five years. I have expressed that view before, and I think that it is shared by a number of Members. I have no doubt that the Lords will think that measure trivial in some ways, because it is a presumption; how can one mandate something that is formed by human beings with their own policies and parties? They can work together to a certain extent, but the coalition will last as long as the coalition lasts. I am not damning it; I am just saying that I do not think that they should have reached forward with a Bill of this nature. If they want to work in harness they will have the support of a great many Members of this House. We know that the nation is confronted with an economic crisis and difficult decisions have to be made. The people of this country are having to make difficult decisions on how to restore economic competence, balance budgets and all the rest of it.

We have spent a lot of time on the first matter, so I will now come to the real new clause, tabled by my hon. Friend the Member for Stone, which I will undoubtedly vote for. His brevity today was extraordinary. [Laughter.] I do not laugh at it, for I think that the expression of great ideas is all the more effective for being expressed in a concentrated and condensed way. I appreciate that there is a drinks party at Downing street for Members from my party who want to attend, so I will bring my remarks to a close, as the great business of the Government must not be delayed by the musings of the House of Commons on such matters as constitutional reform.

I am standing up to support the limitations that are being expressed and the hesitations about the nature of the Bill. If there were one thing that I could argue for and effect, it would be that the Government themselves realise that they have a job. We salute them for that, but, when they fiddle with the constitution in ways that suit only their own purpose and stifle the natural functioning flow of politics, we lose something, and we lose the attention of our constituents. My argument is that we cannot march to a drumbeat like that. I am grateful to my hon. Friend for giving us the opportunity at least to raise our caveats, and I am grateful to the Labour party for indicating that it will support the new clause. It is important, and I commend it.

[Mr Harper]

I thank my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) for his generous opening remarks and, as usual, largely excellent speech. I say “largely”, because I do not entirely agree with his characterisation of the other place, given the behaviour not, I hasten to add, of their lordships’ House, but of a small number of former Labour MPs, who are filibustering and abusing every procedure of that House to try to frustrate the will of this elected House of Commons, which passed the Parliamentary Voting System and Constituencies Bill by a considerable majority. Apart from that, I very much enjoyed my hon. Friend’s speech.

Fixed-term Parliaments Bill

Debate between Richard Shepherd and Mark Harper

Wednesday 1st December 2010 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

Being in this position almost persuaded me of the merits of knives, which at least enable us to conclude debates at approximately the point at which everyone else has spoken.

I remind the Committee that the amendments deal with the mechanism providing for an early general election following a vote of no confidence, as set out in clause 2(2). Last week, on the second day of this Committee stage, we engaged in a wide-ranging discussion both of the merits of the various amendments and of the Bill. Before I deal with the amendments, let me respond to some of the questions raised by Members last week.

My hon. Friend the Member for Epping Forest (Mrs Laing), who is present and who speaks for the Political and Constitutional Reform Committee, asked a number of questions relating to the constitutional consequences of a vote of no confidence under the Bill. She was particularly concerned about the possibility of a Government’s forcing a general election by refusing to act both in accordance with conventions and in the spirit of the Act. She gave the example of a Government who engineered a vote of no confidence in themselves, or who sought to trigger a series of elections close to one another by refusing to resign after an election result.

If a Prime Minister who would presumably be seeking to be re-elected in a subsequent election engaged in such constitutional shenanigans, he or she would first suffer a political penalty at that election. If a Prime Minister behaved in an absolutely unconstitutional fashion, there would always be the ultimate long stop: Her Majesty the Queen could dismiss the said Prime Minister. That is the ultimate check and balance in our system. Clearly it would require an extraordinary set of circumstances, but it is the position that would obtain if our unwritten or other conventions were breached in a really appalling fashion.

[Mr Richard Shepherd (Aldridge-Brownhills) (Con)]

By what constitutional authority does the Minister cite the extraordinary proposition that the long stop of the constitution is that the Queen may dismiss a Prime Minister?

[Mr Harper]

Her Majesty the Queen appoints the Prime Minister. If the Prime Minister were to behave in an unconstitutional fashion, the Queen would have the right to dismiss the Prime Minister.

[Mr Shepherd]

So that is the Minister’s new interpretation of a constitution, or of defined practice over the years.

[Mr Harper]

It is not an invention; it is the constitutional position.

[Mr Shepherd]

No, it is not.

[Mr Harper]

Yes, it is.

--- Later in debate ---

[Mr Harper]

I shall not attempt to rush forward to the certification procedure, because we will debate it when we discuss the next group of amendments.

Let me turn to the specific amendment before the Committee. I do not think amendment 25 achieves the certainty that the right hon. Member for Belfast North (Mr Dodds) suggests would be desirable. It states that a motion of no confidence “shall be”, not “must include”, so it is not clear whether the motion would have to consist exclusively of the specified text or whether that text could be part of a motion, such as if it were added to a Government motion by amendment.

The Opposition’s amendment tries to specify the text of the no confidence motion, but does not try to achieve equivalent clarity as regards the motion of confidence that would have to be passed within 14 days by an alternative Government in order to avoid a general election. The amendment is trying to achieve some certainty—that was what the hon. Member for Rhondda said—but I do not think it does. I also do not think it is desirable or appropriate to try to set out the text of the motions in the Bill.

The Government think that clause 2(2) provides a clear and practical mechanism that gives statutory effect to a vote of no confidence. I have set out the Government’s concerns about the amendments and I hope that hon. Members will not seek to press them to a vote.

[Mr Shepherd]

I should like to press amendment 5 to a vote, with the consent of my hon. Friend the Member for Stone (Mr Cash).

--- Later in debate ---

[Mr Harper]

My hon. Friend cited in the letter from Robert Rogers a reference to existing Standing Orders, which require a particular majority for an event to take place. I think he mentioned the requirement for 100 Members to vote for a closure motion. There is no precedent for a Standing Order, passed by a simple majority, to entrench itself and require that it cannot be changed, other than by a vote of this House on a different majority. The Government know of no precedent for that, and no Member has given an example of one. If a Standing Order provided that an early general election could be held only after a vote with the specified majority, and if that Standing Order could be changed by a simple majority vote in the House, it would be open to the governing party, at the behest of the Prime Minister, to change the Standing Order and to trigger an early election based on the whim of the Executive. That is exactly what we are trying to remove under the Bill. The Government believe that if the policy objective is to be achieved, the procedure must be specified in statute.

[Mr Shepherd]

If that is so—and I accept it as such—why does it not apply to the statute itself?

[Mr Harper]

I think we have touched on that before. Once the Bill becomes an Act of Parliament, it cannot be changed purely by a majority vote in the House of Commons. The decision would have to be made by Parliament, which would also engage the other place, in which the Government do not have a majority. Even after—[Interruption.] I anticipated that reaction. Even after the appointment of the new list of working peers, the governing parties together will have only 40% of the peers in the upper House; 60% will be Labour peers, Cross Benchers or Lords Spiritual. The fact that this will be an Act of Parliament makes it impossible for a majority vote of a governing party to bring about an early general election, which is our policy objective.

Fixed-term Parliaments Bill

Debate between Richard Shepherd and Mark Harper

Tuesday 16th November 2010 Commons Chamber

[Mr Harper]

I am not going to give way to the hon. Gentleman. He has not been here for most of the debate, so he can just stay in his seat.

The hon. Member for Rhondda (Chris Bryant) effectively makes the case for Prime Ministers being able to cut and run. The current Prime Minister is the first one who has put aside that ability in the move to a fixed-term Parliament.

[Mr Shepherd]

My hon. Friend sets aside the words of Asquith, who predates any shenanigans on the matter, but will he consider the fact that the longest-serving Prime Minister of the last century was Lady Thatcher? She had four-yearly elections like a metronome, so there is experience of the concept of Prime Ministers believing that four years is an appropriate time.

[Mr Harper]

I am glad that my hon. Friend mentions Baroness Thatcher, who of course was a great Prime Minister and served this country well. I remember the elections that she called in 1983 and 1987, which she won with resounding majorities and continued to serve the country. I am sure that if she were here, she would agree that when she asked Her Majesty the Queen to dissolve Parliament, she thought about the likely consequences of those elections and the likelihood that the Conservative party would be returned to office. She was a politician—a very successful one—and I do not think I do her a disservice if I point that out.

Parliamentary Voting System and Constituencies Bill

Debate between Richard Shepherd and Mark Harper

Monday 18th October 2010 Commons Chamber

[Mr Harper]

Fiji has been suspended from the Commonwealth, and the usual practice is that in such cases we do not take steps to remove the right of qualifying citizens from those countries to vote in our elections.

It is worth saying that the right of Commonwealth citizens to register to vote is restricted in electoral law to qualifying Commonwealth citizens—those who do not require leave to enter or remain under the immigration legislation, or those who do require leave but have it. I say that because my hon. Friend the Member for Aldridge-Brownhills suggested that in some constituencies significant numbers of illegal immigrants had managed to get themselves on to the electoral register and that there was no duty on electoral registration officers to do anything about that. But that is not the case. Electoral registration officers have a duty to maintain an accurate and complete register and to inquire whether people are eligible to be—

[Mr Shepherd]

Will my hon. Friend give way?

[Mr Harper]

I see that my hon. Friend is back in his place.

[Mr Shepherd]

Of course, there is no money. The state of the register is as I reported in my speech. There are many people in that situation, and he cannot disprove that—any more than I can prove it—because no efforts are made to identify whether a Commonwealth citizen who applies to go on the register is here lawfully.

[Mr Harper]

I would say two things to my hon. Friend. First, money is provided to local authorities as part of their normal funding, and it is a matter for the local authority to decide on priorities. In his own case, if he is dissatisfied with how the electoral registration officer is conducting himself, I suggest that he speaks to the chief executive of his local authority and makes those strong representations.

Secondly, given our proposals to move to individual voter registration in 2014, we will be improving the registration system and making it much more difficult for people who are not entitled to be on the register to be on it. I have written to local authority chief executives to ask them to take part in data-matching pilots in which we can, first, identify those who are more likely not to be on the register who should be, enabling authorities to target their resources on them and, secondly, target voters who should not be on the electoral register, to enable authorities to ensure that the register is not just complete but accurate. So there are two avenues there that my hon. Friend can pursue.

I want to address the argument made by the hon. Member for North East Derbyshire (Natascha Engel), whose amendment 332 would extend the franchise to 16 and 17-year-olds. As I said, our approach has been that the people voting in the referendum should be those entitled to vote in a Westminster election. She, perfectly reasonably, is continuing her long-running campaign, supported by a number of hon. Members, to lower the voting age. As I said to my hon. Friend the Member for Altrincham and Sale West, I do not think that experimenting with the franchise in this Bill is the right way to go.

Many hon. Members will know my views on lowering the voting age, but—on a note of agreement—my hon. Friend the Member for Bristol West (Stephen Williams) is right. He is a firm advocate of lowering the voting age in elections in general, but he acknowledges that trying to do that in this Bill, for one specific referendum, is not the right thing to do.