Fixed-term Parliaments Bill

Sadiq Khan Excerpts

Tuesday 18th January 2011 Commons Chamber

[The Deputy Prime Minister (Mr Nick Clegg)]

I beg to move, That the Bill be now read the Third time.

I am grateful to Members who have taken part in debates on the Bill, in particular the hon. Member for Nottingham North (Mr Allen), who sadly is not in his place, and members of the Political and Constitutional Reform Committee, who have been forensic in their scrutiny.

The Bill’s reforms are an essential part of the Government’s drive to modernise Parliament. Currently, a Prime Minister can, effectively, call an election on a whim—a situation that my colleague and friend, the late Lord Holme of Cheltenham, once described as a race in which the Prime Minister is allowed to approach the track with his or her running shoes in one hand and the starting pistol in the other. Something as important as the timing of a general election must not be determined by the whims of Prime Ministers and the self-interest of political parties. I believe that all parties agree on that. The Bill proposes the introduction of fixed-term Parliaments, bringing a new stability to our political system and, crucially, ensuring that when Parliament does dissolve early, that is a matter for this House.

Debate on the Bill has been vigorous. That is why we allowed extra time in Committee. While we may not see eye to eye with colleagues on the Opposition Benches on every detail, throughout the debates there was broad agreement on what it seeks to achieve.

Let me turn briefly to some of the issues that have attracted most attention. First, on early Dissolution, the Bill provides that Parliament will be dissolved early only if at least two thirds of MPs vote for Dissolution or if a Government are unable to secure the confidence of the House of Commons within 14 days of a no-confidence vote—passed on a simple majority, exactly as is provided for right now.

Those arrangements are complementary. They are workable. Most importantly, they strengthen the power of Parliament to hold Government to account. We are proposing a new power for the House to vote for an early Dissolution, as well as, for the first time, giving legal effect to the existing procedures for a vote of no confidence. I ask Members to note that the Constitution Committee in the other place has endorsed those two mechanisms for triggering an early election.

The Government do not accept the concern that the new right to dissolve Parliament will undermine this House’s exclusive cognisance. Such an important constitutional innovation absolutely should be laid down in statute, but we are confident that the courts will continue to regard matters certified by the Speaker as relating to proceedings in Parliament, which are, in turn, protected by the Bill of Rights. I was delighted that the Constitution Committee—a Committee that includes distinguished parliamentarians and lawyers—agreed with the Government’s assessment of the Bill’s interaction with parliamentary privilege.

On the length of Parliaments, we have looked into the suggestion that four years is preferable to five. It is true that this is not an exact science. It is a question of judgment, but, all the arguments considered, we remain of the strong view that five years, the current maximum and more recently the norm, will encourage the stability and long-term perspective that British politics too often lacks.

[Sadiq Khan (Tooting) (Lab)]

Can the Deputy Prime Minister give us one example in which he or another leading member of the Liberal Democrats before May last year was in favour of a five-year fixed-term Parliament?

[The Deputy Prime Minister]

We were in favour of fixed-term Parliaments above and beyond all else, and always accepted that the issue of whether it was four years or five years was a matter of judgment, as I said. Five years, as the right hon. Gentleman knows, is the maximum term available to us already, and of the last five Parliaments three stretched to five years, including the last Parliament under a Labour Government.

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[Sadiq Khan]

Things are desperate when the Whips have to arrange things to get most of the Liberal parliamentary party into the Chamber, but it is good to see two rows of Liberal MPs. The Deputy Prime Minister knows more about mutinies than I do, but I suspect that the situation tonight is similar to that of a football club chairman who says to his manager, “Your job is safe.” I look forward to the right hon. Gentleman’s continued contribution to debates about constitutional reform.

The Bill before us allows the Government to set in stone the date of the next general election as Thursday 7 May 2015. It also gives them time to foist a series of constitutional changes on to the country. They will reduce the size of the House of Commons by 50 MPs, redraw constituency boundaries and silence the voices of local residents through the removal of public inquiries. This Bill allows them the time to do that, and as the hon. Member for Harwich and North Essex (Mr Jenkin), who is not in his place, said on Second Reading, it smacks of

“gerrymandering the constitution in favour of a particular coalition”.—[Official Report, 13 September 2010; Vol. 515, c. 624.]

[Ms Louise Bagshawe (Corby) (Con)]

Does the right hon. Gentleman intend to suggest that, by the Prime Minister giving up power and by making the votes of people in Corby equal to the votes of people in the Rhondda, we are gerrymandering in the Bill? That is an amazing use of language.

[Sadiq Khan]

That Bill is being discussed in the other place. It starts again at 3.30 tomorrow.

The hon. Lady should be interested in my next point, however, because the Bill before us also ties the hands of the Conservative party to the Liberal Democrats. With this Bill, their respective fates and identities become inseparable. Make no mistake: the Bill is not for the good of the country; it is for the good of the Ministers on the Treasury Bench. What compounds that outrageous piece of attempted constitutional fixing is the fact they are trying to ram it through at breakneck speed. That urgency is because Back Benchers from both coalition parties are having second thoughts about the issue, so party managers need to get them super-glued together quickly, with no way out.

Throughout the Bill’s passage, we have raised a number of concerns about its content and its scrutiny. I have no problem with the Conservative party being converts to fixed-term Parliaments.

[Mr Heath]

Will the right hon. Gentleman give way?

[Sadiq Khan]

No, I will not. Not to you.

The Liberal Democrats’ policy was for four-year fixed-term Parliaments, but unfortunately the coalition has hijacked a sensible and progressive idea, amended it for its own means and tried to rush through legislation preventing a proper, wide-ranging debate on an important —[Hon. Members: “Give way!”] I shall not give way to the hon. Gentleman. He has been in charge of timetabling the Bill, and if he had wanted to speak, he should have allowed more time for debate.

Once again, we will rely on the other place to inject a sense of fairness—

[Sir Peter Bottomley]

On a point of order, Madam Deputy Speaker. If the right hon. Gentleman had intended to take up the first two minutes of his speech himself, one might have understood his response. If he intends to let others come in, however, why does he not let the Minister have a word?

[Madam Deputy Speaker (Dawn Primarolo)]

The hon. Gentleman is very experienced and knows that that is not a point of order. It is entirely up to Mr Khan as to whom he decides to give way to. While I am on my feet, may I remind Members that there is supposed to be only one Member on their feet at any one time in the Chamber?

[Sadiq Khan]

I welcome the hon. Gentleman to the debate and congratulate him on his recent honour.

I want to be clear that the criticism of the speed with which the legislation is being pushed through comes not from us alone. The Political and Constitutional Reform Committee, the Clerk of the House of Commons, Professor Robert Hazell of the constitution unit and other academic experts, and the House of Lords Constitution Committee have all criticised not only the Bill, but the way in which it is being rushed through without consideration for the consequences on our constitution, both intended and unintended.

May I deal with an important point at the outset? It has been said that the Bill needs to go through unchanged because it is part of the coalition agreement. The new politics means that we can forget about what people voted for, about manifestos and about the promises that were made before the election. The deal that was done means that the agreement that was reached after the election cannot be touched. However, the Bill no longer provides for a general election if 55% of hon. Members believe that one is needed, as was stated in the coalition agreement. The Deputy Prime Minister made an embarrassing U-turn on that issue, proving that the coalition agreement has no constitutional significance at all. I hope that the other place will pay heed to that.

Our major concern from the beginning has been that five years is simply too long for a fixed-term Parliament. We have argued throughout the scrutiny process for four-year terms. That not only compares well with other Parliaments, but provides a better fit with our current constitutional arrangements. Moreover, we have heard the concerns of our colleagues in Wales, Scotland and Northern Ireland about the short-term consequences of fixing Parliaments at five years. The potential clash with the Assembly elections in Wales and Northern Ireland and the parliamentary election in Scotland on 7 May 2015 shows a blatant disregard for those parts of the Union.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The right hon. Gentleman is keen to ascribe motives that were not present in the decision to make it five years. Will he give some indication of the thinking of the previous Prime Minister in deciding that the Parliament that has just ended should last five years?

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[Sadiq Khan]

The right hon. Gentleman will accept that, like his party, we were in favour of fixed-term Parliaments and that, like his party, we thought four years was the appropriate length of time. In between the ballot boxes closing and Liberal Democrats reaching their ministerial cars, his party changed the figure to five years for the simple reason that it meant that it could gerrymander before the next general election.

[Dr Julian Huppert (Cambridge) (LD)]

Will the right hon. Gentleman remind the House how he voted on the Fixed Term Parliaments Bill introduced by my predecessor, David Howarth?

[Sadiq Khan]

The hon. Gentleman should explain why he has changed his mind in relation to his predecessor’s Bill. He will recall that there was insufficient time to allow the Bill introduced by his predecessor—a very good and honourable man—to receive proper debate in the House of Commons. The question that should be asked is why the hon. Gentleman has done a U-turn on that Bill. [Interruption.] The Whip, the right hon. Member for Rayleigh and Wickford (Mr Francois), heckles me but if he wants to get to his feet, I am happy to take an intervention.

This sort of Westminster arrogance will not go down well in Cardiff, Belfast and Edinburgh. People in those places will remember the arrogant way in which the Deputy Prime Minister’s deputy, after a number of hours of debate on this issue on day one of the Committee, and after a number of Members had spoken, pulled from his pocket an option to allow devolved Assembly elections to be brought forward by up to six months in the event of their being scheduled at the same time as a general election. There was no consultation and no discussion with us or the devolved Administrations before that. We have heard how unhappy they are with this.

[Mr Harper]

Will the right hon. Gentleman give way?

[Sadiq Khan]

Of course I will give way.

[Mr Harper]

The right hon. Gentleman knows, as I made clear at the time, that I announced that option in this House first because I thought it proper for Parliament to hear it first. I then wrote to all the party leaders. During the process, I have kept him informed, have placed copies of the correspondence in the House of Commons and have updated the House. At all stages, I have kept this House informed, as is the proper process.

[Sadiq Khan]

I am happy for the hon. Gentleman to intervene again. Is it not right that a number of colleagues had taken part in the debate and an amendment had been moved, and that it was only towards the end of the evening that he pulled the option out of his pocket?

[Mr Harper]

I was very keen to do something that the previous Government did not do often: I listened to the debate and to the concerns raised by Members on both sides of the Committee, and then announced to the House what I thought might be a sensible move forward. As I said on Report, colleagues in the devolved Parliament and Assemblies have written back to me to say that they are less than overwhelmed by my proposals. That is why we did not move them on Report. That was a perfectly sensible way to conduct matters.

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[Sadiq Khan]

The problem is that an amendment was moved, hon. Members took part in the debate, and then the Minister introduced the other option, yet gave us no chance to respond, because of the guillotining by those on the Government Front Bench.

[Mark Tami (Alyn and Deeside) (Lab)]

Surely the point is that the Minister knew that information at the start of the debate, but he chose not to inform Members House at that stage.

[Sadiq Khan]

My hon. Friend makes the point well.

More recently, and more importantly for this House, our concerns about the length of the Parliament have been strengthened since the Bill was in Committee by the Lords Constitution Committee. In his short contribution, the Deputy Prime Minister cherry-picked parts of its report, but he missed out the most crucial bit. In the Constitution Committee’s view, five years is simply too long. Like us, it argues that four years is more appropriate. Its report challenged the Deputy Prime Minister’s assertions that the Government’s progress on constitutional and political reform, of which the Bill is a key component, will make Parliament more accountable to the people. The Constitution Committee argues that the provisions in the Bill to fix the length of Parliaments to five years would lead to less frequent elections and make the legislature less accountable, not more. Under a system of fixed five-year terms, there would have been four fewer elections since 1945.

I know the pressure that will be brought to bear on Government Members to support the Bill—a Bill that they do not believe in and that they have a problem with. However, when they come to decide whether to give it a Third Reading, they should remember the words of the Lords Constitution Committee, which said that a five-year term was

“inconsistent with the Government’s stated aim of making the legislature more accountable, inconsistent with existing constitutional practice and inconsistent with the practice of the devolved institutions and the clear majority of international legislatures”—

except in Rwanda. If the Bill goes through this House, the Opposition will be looking to the Lords to heed the advice of their own Constitution Committee and recognise that four years is a much more sensible length of time for a fixed-term Parliament.

Time is short, so I will not go into the other problems that we have with the Bill. However, what I will say, and for the second time in a number of months, is that I am optimistic and sincerely hopeful that the other place will inject some sanity into this Bill, through proper scrutiny. This Bill is rushed, self-serving and opportunistic. It is an affront to how we ought to go about amending and improving our constitution. We shall be voting against it being given a Third Reading.