Fixed-term Parliaments Bill

Stephen Pound Excerpts

Tuesday 16th November 2010 Commons Chamber

[Thomas Docherty]

I am grateful to the hon. Gentleman for that point, and I apologise for not having touched on it. He is entirely right to say that the work of the likes of Madison and Hamilton was crucial, but that there was also a great debate. They did not try to rush their proposal through.

[Stephen Pound (Ealing North) (Lab)]

We are certainly being educated here tonight. Does my hon. Friend agree that the Philadelphia convention was conducted on the basis of a tabula rasa, and that those people were starting from a base point? What we see here before us today is a foul, expedient hotch-potch of crisis and chaos spatchcocked together to try to allow the coalition to limp on into the future. To compare it to the great towering genius of Hamilton, Jefferson and Madison is to do them a disservice and to give the present coalition Government rather too much credit.

[Thomas Docherty]

I am grateful to my hon. Friend for making that excellent point. When I look at those on the Government Front Bench, however, I see some nuggets of hope and principle, and I am sure they will listen carefully to the points that we are making.

The Minister might be interested to know that, when the Americans were considering term lengths for their parliamentarians and for the presidency, they originally considered a three-year term for the House of Representatives and a seven-year term for the presidency and the Senate. Before the Minister gets too excited about the idea of a seven-year term, however, I should tell him that they also considered making it for one term only. Indeed, they argued that the Executive branch should not sully itself by seeking re-election. I suspect that he would be less keen on that principle. Slowly, however, over that summer, they moved towards a settled will among the 13 colonies. In fact, I should say 12 colonies because, as hon. Members will know, Rhode Island did not attend any part of the convention. They settled on a system of two-year terms for the House of Representatives, six-year terms for the Senate and four-year terms for the presidency. However, the elections for the United States Senate have always been staggered—a point that I regret the Government have not taken on board—so that each voter in every state has the opportunity to cast their verdict on the Senate no more than four years apart. That point seems to have passed by some of those on the Government Benches.

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The bulk of the evidence that the Select Committee heard was that what is being asked is not a lot. It seems to be simply stubbornness—perhaps it is about political advantage above all else—to stick to the same position in the face of all the arguments that we have heard. I hope that it is not too late, even now, for the Government to rethink their position and to allow the Bill to pass through the House with the agreement of all parties because we have reached genuine consensus.

[Stephen Pound]

It is a delight and pleasure to serve under you, Miss Begg. This evening has been an extraordinarily educative process. We have looked very far back into the past and I should like to imagine some time in the future. I imagine a group of fresh-faced young students in some constitutional history class at some as-yet-unbuilt school—perhaps the Tony Blair faith academy, the Ann Widdecombe college of dance and drama or, hopefully, the Eleanor of Epping college of education for the daughters of gentlefolk. In one of those as-yet-unbuilt but glorious buildings, some pernickety pedagogue will turn to the class and say, “Let us go back to November 2010 and see what the House of Commons was debating.” The pedagogue will say, “They were discussing the Fixed-term Parliaments Bill,” and someone will ask, “What was the context?” The Government amendments before us refer specifically to compromise, but the key point is the context in which the Government are bringing the Bill before the House tonight. It is based on expediency, not ethics. Just as no good fruit can grow from a diseased tree, the coalition is like the upas tree, poisoning the soil all around it. They are trying to poison our very constitution with this appalling Bill.

[The Temporary Chair (Miss Anne Begg)]

Much as I do not want to interrupt the hon. Gentleman’s flow, I remind him that we are in Committee and that he must address his comments to the amendments before us, rather than the Bill in general.

[Stephen Pound]

I stand abashed, ashamed and corrected, but, as ever, eager to serve, Miss Begg. I was about to turn specifically to the amendment of the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), who speaks for Plaid Cymru. The amendment is supported by a broad coalition of the better brains in the House, including the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), whose constituency is possibly the most unpronounceable in Scotland. The amendment offers an alternative to the centralist, Stalinist, steel-like structure of a five-year Parliament. It offers something that we are prepared to support for the good of the nation although not all of us believe in it entirely in our hearts—a four-year fixed-term Parliament.

To see the amendments in the specific context, we have to think of what happened in May this year, when two groups of people were trying to buy a house. They were trying to bid for that great mansion of state that is this United Kingdom, and they found that even as the previous occupants were leaving with dignity from the front door, neither of them had enough money to buy the house, so they both moved in at the same time. Maybe they daubed the soffit with a bit of yellow and put a touch of blue on the eaves, but they had no choice.

You will no doubt be asking yourself, Miss Begg, how this relates to the amendments before us. That is precisely what I was coming to. I do not wish to comment on the sleeping habits of Liberal Democrats. That is far too exotic an area for me, but the camp bed in the living room and, in the master bedroom, surrounded by damask silken curtains, the great four-poster bed that the Conservatives occupy represent a compromise, which is the basis of the coalition.

The Bill on the Floor of the House today at the Committee stage refers to the creation of a structure that will bind together two disparate groups of people—the people who virtually bought the house and the lodgers on the camp bed in the front room. You may think that that is not relevant, and I would have to say, Miss Begg, that I agree with you, but the point that I am trying to make is that the Bill must be seen in the context from which it comes.

[Chris Bryant]

Is not the point, in relation to five-year or four-year fixed-term Parliaments, the one that was made by the professor of constitutional law at King’s college London, Robert Blackburn who, in his evidence to the Select Committee, said of the genesis of the Bill that

“it is, I think, fairly clear that it is driven by the political self-interest of the coalition Government. They want to fix the lifetime of this Government—not the Parliament, but the Government”?

[Stephen Pound]

rose—

[The Temporary Chair]

Order. The hon. Member for Ealing North (Stephen Pound) will have seen from my body language that he is not pleasing me. He is continuing with a Second Reading speech. He must address the amendments—not just mention them, but address the content of the amendments.

[Stephen Pound]

Miss Begg, I am, as ever, attendant to your body language and I am interpreting every flicker of that elegantly sculptured eyebrow, even as we speak.

The Septennial Act 1715, as amended by the Parliament Act 1911, is the Act that we will lose, should the Bill reach the statute book. The key point is that if, in the interest of expediency and of pleasing the coalition, we bring in a five-year fixed-term Parliament in contra-indication and contrast to the existing legislation, we place this country in peril indeed. The Bill at present on the Floor of the House at Committee stage, which I read with great care a few moments ago, is hedged around with all sorts of caveats so that an election may not be held on a day of national mourning or thanksgiving or on Christmas day. The Bill is limiting.

I support the amendment because that limitation restricts the right and privilege of the House to decide, under certain circumstances. There are emergencies or there may be some dramatic situation where an election has to take place. The removal of the royal prerogative, on this day of all days, is not something that I wish to comment on.

[Mr MacNeil]

The hon. Gentleman mentions days when the election can take place. Does he agree that the devolved Parliaments and Assemblies of the United Kingdom should be given proper respect, and therefore that new clause 4 should be supported? That would allow them to see whether particular days did not suit them. Whether it be Christmas, Burns night, Hallowe’en or whatever, they should be given the choice if there were a clash between the elections to this place and to the great Parliament of Scotland, and the attendant media were unable to cope.

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[Stephen Pound]

Today is Eid al-Adha, and that is an important factor that should be taken into consideration. At the risk of offending my hon. Friend the Member for Edinburgh East (Sheila Gilmore) and being too London-centric, there are different times in different parts of this United Kingdom when an election may not be appropriate. Judging by the results, it seems we may have had an election on Hallowe’en on a few occasions, but there are certain days on which demonstrably we should not be doing so. However, by limiting ourselves in this way, by applying this template of centralism to the whole structure, we put ourselves in danger, which is why new clause 4, an elegantly crafted piece of work, which stands by itself in all its wonder and majesty, is something that we should happily support.

Clause 2(4), to which the amendments relate, shows the dreadful problems that we have. It states:

“Before issuing a certificate, the Speaker of the House of Commons must consult the Deputy Speakers (so far as practicable).

What thought has gone into this, when it says “so far as practicable”? The amendment addresses that specific point.

[The Temporary Chair]

The amendments that we are debating relate to clause 1, not clause 2, so I ask the hon. Gentleman to return to the amendments on clause 1.

[Stephen Pound]

You are absolutely correct, as in all things, Miss Begg.

[Nic Dakin]

I am following my hon. Friend’s argument very carefully, as all hon. Members will be. Is it not true that all the evidence is that in their fifth year Parliaments run out of steam and get tired, and the country is impatient for democratic renewal, and is not that why we should have four-year Parliaments or, as my hon. Friend the Member for Great Grimsby (Austin Mitchell) argued, three-year Parliaments?

[Stephen Pound]

One reason why I support clause 1, page 1, line 13, is not because I am massively enamoured of the joys of four-year Parliaments as opposed to five-year Parliaments, nor because I think that there is a natural rhythm in the political cycle that means that every few years we get exhausted and have to have an election, but because it is the least-worst option. It is unfortunately a fact that sometimes we have to present that option. I happily present the hon. Gentleman from the constituency that one day I will be able to pronounce.

[Mr MacNeil]

There has been confusion in the House that somehow five years is bad and four years is good. It is almost Orwellian. The fact that five years in the UK has turned out to be bad is because people tend to leave it to five years. The reason I support four years is not because I think five years is particularly bad, but four years is long enough to spend without going back to the people to ask for another mandate. It is a democracy, after all, and ultimately the people, through the ballot box, rule. Politicians and elected people are stretching the credulity of the electorate to go beyond four years. The example of Scotland again is tremendous for Westminster.

[Stephen Pound]

Amendment 11 addresses these points. The reality is that if we had a fixed-term Parliament—I appreciate I am arguing for a fourth year rather than a fifth year—what dreadful temptations would come the way of susceptible politicians? Legislation would be front-loaded, knowing that there was never the possibility of an early election by which they might be made accountable to the people. I appreciate that clause 1 may be influenced by future legislation on recalls. We could find ourselves with so many recall petitions that we in fact have a new Parliament in the middle. There are certain aspects in the Bill later—not specifically relevant to clause 1, before you mention it, Miss Begg—which refer to the power to dissolve. But the most important, most salient point here is that if we locked the system into a four-year or five-year cycle, we would lose that glorious uncertainty of the democratic oversight. We would lose that concern, may I say, even, on occasion, that fear of the electorate, which is the honest emotion that parliamentarians should always feel.

[Mr MacNeil]

The reason we want a fixed-term Parliament, particularly those in minority parties, who are never in the party of government in this situation—in Scotland we made sure that it is far more democratic—is not the fear of the electorate, it is the fear of the Government, using the particular wins that they have created for their own advantage in a narrow period of time. There is an advantage in a fixed-term Parliament. Some people prefer five, some people prefer four. I am in the four camp—

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[Stephen Pound]

I am grateful for the hon. Gentleman’s intervention, because mention was made earlier—perhaps too much mention for many of us—of the American political system, where, by having fixed terms, there is permanent campaigning and fundraising, a permanence that takes away what I referred to as the glorious uncertainty borne of the possibility and potential of hearing the people’s voice. The voices of the funding committees and various other supportive bodies are heard, but that sword of Damocles, which should be hanging over the head of every politician in a modern democracy, is somehow removed, because it is winched slowly down by clockwork, instead of dangling from a piece of monofilament.

Now, I think that the right hon. Member for Derbyshire Dales (Mr McLoughlin) wanted to intervene.

[Mr McLoughlin]

indicated dissent.

[Stephen Pound]

Are you sure?

I hope that I have expressed tonight a sincere and heartfelt view that, just as everything must be seen whence it sprang, this Bill, which we are considering in Committee, has sprung from a coalition that is fundamentally unsound and based not on political realities but expediency. The group of proposed changes before us, which would set the date, elections and length of a Parliament, would go some way towards mitigating this—I dare not say “evil”, because that would be too strong a word—sordid, mean, pettifogging, limp, expediency of a Bill.

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[Mark Durkan]

I confess.

My hon. Friend makes the point about the number of amendments in this group, and they aim to ensure not just that the term is fixed at four years, but that the cycle of fixed terms does not clash with the cycle of fixed terms for Scotland, Wales and Northern Ireland elections. This Chamber has already imposed a UK referendum on those elections next year, and now, under this Bill, the Government want to impose a UK general election on the devolved elections in 2015 as well.

[Stephen Pound]

My hon. Friend, not for the first time and almost certainly not for the last, makes a very powerful and pertinent point. If the Bill proceeds tonight without the benefit of the amendments that we are discussing, it will be not just the political cycle that is locked into a four or five-year time frame, but the economic cycle and so many other aspects of life. They will then be locked into a fixed term. That fixed term will apply not just to Parliament, but to the country, and that is dangerous. It is dangerous if we always assume that, no matter what a Government do, they can get away with it, because there will be no election for three, four or, heaven forbid, five years.

That is the danger, and that is when the markets start to build in an assumption of front-loading and when other countries assume that, although there may or may not be a change of Government in the future, there will not be one at that moment in time. That is when offence is given to all parts of this nation with different traditions, different histories and different days of great and signal importance. There are so many fears, so many concerns, so many worries, and the case made for the group of amendments is so powerful and so much a matter of righteousness that it would be otiose of me to continue to press it any longer.

I sit down, Miss Begg, with apologies if I may on occasion have strayed slightly from the purity of the amendments before us, but I hope profoundly that this House will tonight agree that the people matter more than political fixes, and that somehow this is about the constitution, not about the coalition.

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

It is a great pleasure to speak with you, Miss Begg, in the Chair.

A number of Members said that they thought that the Government would be running out of steam, but it is a very clear sign that the Opposition are running out of steam when they have to wheel members of the Whips Office in to argue a case—a case, actually, against their own Front Benchers. Their Front Benchers are in favour of four-year terms, so the hon. Member for Ealing North (Stephen Pound) would have done a better job if he had troubled to read the Bill, the amendments and clause 1.

In addressing the amendments that deal with clause 1 on the proposed length of the fixed term and the date of the next election, it might be helpful to explain at the outset why the Government have taken the approach that we have set out in the Bill. The Government announced in the coalition agreement our intention to introduce a Bill for fixed-term Parliaments, and I have listened to a good number of arguments for and against the proposed five-year term, not least today. The Government strongly believe that a five-year fixed term is right, not only for this Parliament but for subsequent Parliaments, as it will provide the country with the strong and stable Government that it needs.

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[Jonathan Edwards]

Diolch, Mr Hoyle. We have had an interesting and informative debate. I shall quickly run through some of the contributions. As ever, the hon. Member for Aldridge-Brownhills (Mr Shepherd) made some passionate and honest points. He is always respected throughout the House. The hon. Member for Great Grimsby (Austin Mitchell) argued coherently and in detail. I cannot support his amendments, but I am glad that he will support ours this evening. The hon. Member for Brigg and Goole (Andrew Percy) made excellent points about the need to ensure that UK general elections are held separately, and I am glad that the Minister accepted those points. The hon. Member for Rhondda (Chris Bryant) made pertinent points about the Bill essentially entrenching the coalition rather than being concerned with democracy. I can only apologise to him for getting to the Table Office before him.

With her usual eloquence, the hon. Member for Epping Forest (Mrs Laing) highlighted the views of the Political and Constitutional Reform Committee, and I thank her for her comments. The right hon. Member for Stirling (Mrs McGuire) spoke passionately about the political motives behind the Bill. The hon. Member for Dunfermline and West Fife (Thomas Docherty) gave an insightful historical lesson on the US constitution and relevant comparisons. The hon. Member for Edinburgh East (Sheila Gilmore) reminded us of the 147,000 spoiled ballots in Scotland in 2007 due to the coupling of the local government elections and the Scottish Parliament elections on the same day.

The hon. Member for Ealing North (Stephen Pound), as ever, made a compelling and entertaining speech, and I only wish that I had his oratorical talents.

[Stephen Pound]

My wife is Welsh.

[Jonathan Edwards]

That is important. It must be the Maesteg blood.

The Minister made the Government’s case, which was also made on Second Reading. I welcome his comments on consulting the devolved Administrations about changing their dates by six months. That is a significant step forward. If he were able to promise that he would legislate following the consultation on the National Assembly elections—in the case of Wales it would not be the Secretary of State who would determine that matter but the Assembly, as the sovereign body—I would press only amendment 12 to the vote tonight on the point of principle that the Committee should decide whether we should have a four-year or a five-year cycle. Diolch.

Question put, That the amendment be made.