Constitution and Home Affairs

John Bercow Excerpts

Monday 7th June 2010 Commons Chamber

[Mr Speaker]

I inform the House that I have selected the amendment in the name of Ms Harriet Harman. Once moved, that amendment will limit the scope of debate to the issues mentioned in it. Older hands can expect to be called to order by the occupant of the Chair if they go beyond the scope of the amendment. New Members making maiden speeches can expect some customary latitude.

--- Later in debate ---

[Angus Robertson]

On that point, can we—

[Mr Speaker]

Order. We cannot have an intervention upon an intervention; a few words from Mr Straw before we hear from the hon. Gentleman would be helpful.

[Mr Straw]

I can give the hon. Member for Wyre and Preston North (Mr Wallace) an answer, and it is not a bad one. He ought to read carefully both limbs of section 3 of the 1998 Act. If he had bothered to read it and if those negotiating this coalition agreement had done so—I have the Act before me for the sake of greater accuracy—they would know what it states. Under section 3(1)(a), the presiding officer has to require an “extraordinary general election”—an early general election—for the Scottish Parliament if two thirds of the Parliament vote for that. However, the provision contains an “or”, not an “and”, because section 3(1)(b) states that if there is

“any period during which the Parliament is required under section 46 to nominate one of its members for appointment as First Minister ends without such a nomination being made”,

after 28 days there has to be a general election. That election is triggered by a simple majority, not by a two thirds one. Therefore, we should hear no more rubbish about there being a two thirds lock in the Scottish Parliament, because it is not true.