Fixed-term Parliaments Bill

Debate between Simon Hart and Tristram Hunt

Tuesday 18th January 2011 Commons Chamber

[Tristram Hunt]

Coalition Members really do not understand the difference between the norm and the maximum. We have had this problem with them over many weeks now. The issue is whether we want to move from the norm to the maximum. Across the academic and political communities, we can see—if we look at the work of Robert Hazell, for example—that four years are preferred to five. The view of the Political and Constitutional Reform Committee—on which I am happy to serve with the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart)—was that most opinion suggests that it would be better for general elections to be held every four years, rather than every five.

[Simon Hart]

The hon. Gentleman is suggesting that fixing the term at five years automatically favours the Government of the day, whereas it can of course have the opposite effect. Does he agree with me, as did some of the witnesses who appeared before our Committee, that by tying themselves into a five-year fixed term, the Government might find that the election coincides with a rather dismal period in the opinion polls, giving great advantage to the Opposition? I thought that that evidence was given to the Select Committee—

Fixed-term Parliaments Bill

Debate between Simon Hart and Tristram Hunt

Wednesday 24th November 2010 Commons Chamber

[Tristram Hunt]

The hon. Gentleman is of course correct. There will be extra layers and extra opportunities for lawyers to intervene. It was no wonder that Lord Steyn commented in the light of the Hunting Act 2004 that it

“is not unthinkable that circumstances could arise where the courts may have to qualify a principle established on a different hypothesis of constitutionalism”.

I think that in plain English that means they would be interested to get their teeth into the proceedings in this place.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

Is the hon. Gentleman talking about a legal challenge to the validity of an Act or, as in the example that he has just given, the validity of the use of the Parliament Act in ensuring that an Act reaches the statute book?

[Tristram Hunt]

The hon. Gentleman makes a very good point, and his knowledge of the Hunting Act is second to none. I am hinting at the adventurism of justices in critiquing and opening up to judicial review not only the Parliament Act but the proceedings of this place. The fear is that putting these measures into statute will open up the calling of elections from this place. That is what amendment 33 seeks to address.