Fixed-term Parliaments Bill

Thomas Docherty Excerpts

Wednesday 24th November 2010 Commons Chamber

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

The hon. Lady may not be aware of this, but my recollection is that the Scottish Conservatives did not receive 20% of the vote in Scotland at the last general election. Is she saying, therefore, that the Under-Secretary of State for Scotland, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) would not be able to take part in that process?

[Mrs Laing]

No, not at all. I appreciate the political point that the hon. Gentleman seeks to make, but that would make no difference because the Conservative party throughout the United Kingdom as a whole obtained considerably more than 20% of the popular vote, and in some places, such as Epping Forest—I am very pleased to say—a mere 54%. The hon. Gentleman makes a perfectly good point, but it would be a pity to take up the time of the Committee looking in detail at the percentages involved. My purpose in putting the issue before the Committee is to address the serious concerns relating to exclusive cognisance, which were put to the Select Committee by the Clerk, whose opinion on the matter we take very seriously. The Committee, too, should esteem the Clerk’s opinion and recognise his concerns, and this is an opportunity for Members to consider them.

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[Thomas Docherty (Dunfermline and West Fife) (Lab)]

rose—

[The Temporary Chair]

I call Tommy Docherty.

[Thomas Docherty]

It might help the House to know that the Scottish Parliament has very specific rules about what counts as a motion of no confidence in the Government. For example, failing to get a Budget through does not count, as we saw just two years ago when the Scottish National party Government could not get their Budget through on the first attempt.

[Chris Bryant]

I think my hon. Friend normally thinks of himself as a Thomas, rather than a Tommy, Mr Amess. He is similar to Tommy McAvoy, but not quite the same. I think he will take that as a compliment, but I am not entirely sure. He will doubtless tell me later. He is absolutely right about the Scottish Parliament.

The whole thrust of my argument is that, in the past, the House has for the most part proceeded on the basis of gentleman’s agreements and of conventions that are not written down anywhere, and on the basis that “Erskine May” is a more important bible than statute law in relation to these matters. However, we are now fixing the length of our Parliaments and moving towards determining many other elements of our constitutional settlement in statute law, and it is vital that we should be clear about what we mean by a motion of no confidence.

I fully accept that other Members might want to include certain other categories. The one other aspect that might be considered always to be a motion of no confidence—so it should perhaps be included—is the acceptance of an amendment to the Loyal Address after a general election. The Bill does not provide for circumstances in which a new Government are formed by a motion of confidence, although that happens elsewhere—in the Scottish Parliament and the Welsh Assembly, for example, where the First Ministers are appointed by a vote.

[Thomas Docherty]

For further clarification, it is not only the First Minister but each of the Ministers that he or she subsequently appoints who require a formal vote in the Scottish Parliament. Some hon. and right hon. Gentlemen might find that to be a useful mechanism.

[Chris Bryant]

You would rule me out of order, Mr Amess, if I debated whether there should be confirmation hearings for all Ministers and related matters. I understand why some might say that my amendment could be improved upon by including a third category of no confidence motion—one relating to the tabling of an amendment to the Loyal Address at the beginning of a new Parliament. To those who think that way, I say that it would be better to carry the amendment today so that we improve the legislation and then move further forward to suggest amendments to amplify that provision on Report.

With that, I conclude. I shall want to press amendment 25. If you took the view that we could divide on that amendment later, Mr Amess, I would be grateful.

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[Mrs Laing]

Indeed, and that power has been used by the Government many times. I have noticed over the past 13 years that there have been very long recesses when it suited the last Government for the House of Commons not to be sitting and able to hold them to account. It is within the power of the Government to do that, and although I have accused the last Labour Government of behaving in a way that could be described as dishonourable in that respect, I would be the first to say that other Governments have been able to use the power in the same way.

[Thomas Docherty]

As I am a new Member, will the hon. Lady tell me which Government introduced the September sittings to break up the very long summer recess?

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[Sheila Gilmore]

Members of the Committee were dissatisfied with various Government responses, including that one. It was partly because of the lack of clarity in this area that we came up with a number of amendments, including some of those being debated.

This is a simple matter. Let me bring it back to where the public are coming from and what they would want us to do. I think they would want us to produce something out of the Bill, even though it is not an ideal way of going about constitutional reform, that is simple, clear and understandable, and we should proceed on that basis.

[Thomas Docherty]

I regret that I have been unable to be here as much today as on other days, but hon. Members will appreciate that I had Select Committee business. I have been fascinated to see so many Liberal Democrats here. Perhaps the Minister will reflect on why a record number of Lib Dems have turned up to hear how to bring about the collapse of a Government now or in future. I am sure he will feed all this back to the Deputy Prime Minister when he next sees him.

I shall try to stick to the issue at hand, Mr Amess. I strongly welcome the work of the Political and Constitutional Reform Committee and it is a matter of some regret on both sides of the House that the Deputy Prime Minister did not take the time for any other pre-legislative scrutiny. Opposition Members and several Government Members have tried to strengthen the Bill. Of course, we are not opposed to the principle of fixed-term Parliaments, although we would prefer a term of four years to five. Our aim is to try to make sure that we have clarity, so it is disappointing that we have not yet heard from the Minister any of the necessary clarity about what would constitute a vote of no confidence.

Obviously, as a new Member, I do not have the same experience and length of service as many Members on both sides of the House, but having recently read Mr Alistair Campbell’s “Diaries”—an excellent read—I was struck by the account of an occasion when the previous Conservative Government threatened to use a no confidence motion to stay in office. I am sure the hon. Member for Stone (Mr Cash) and others can confirm that. You, too, Mr Amess, may recall those days.

It seems to me a slightly grubby, if not shabby, state of affairs for a Prime Minister of whatever hue to try to drive through legislation by using such a threat.

[Gordon Birtwistle (Burnley) (LD)]

We heard earlier from the Labour Front-Bench spokesman about the grubby attitudes of Prime Ministers who threatened that losing a vote would lead to a general election. Does the hon. Gentleman agree that that history repeated itself on many occasions during the last 13 years? Does he condemn that sort of attitude?

[Thomas Docherty]

I am grateful to the hon. Gentleman for those comments. As I was not a Member during the last 13 years, I shall have to wait for the second volume of Mr Campbell’s “Diaries”. However, the hon. Gentleman’s point is not invalid. No Prime Minister of whatever hue should be allowed to hold a gun to the head of his own side. As much as I am a fan of our Whips Office—we have excellent Whips and several of them are hovering near me, so I may make that point again—as my hon. Friend the Member for Rhondda (Chris Bryant) has already said, if the Bill is not clarified, which I hope the Minister will do tonight, the Whips Offices will have an immense power of threat. As my hon. Friend the Member for Foyle (Mark Durkan) pointed out earlier in his excellent remarks, there was at least one occasion when legislation that, on reflection, was unnecessary, and may indeed have exceeded requirements, was jammed through. That also relates to the point made by the hon. Gentleman. For those reasons, I very much welcome my hon. Friends’ proposals on the 14-day period. If there is a period of reflection, we could make a change.

I have huge respect for our Speaker. He is doing an excellent job.

[Sir Peter Soulsby]

On the question of Governments using devices to avoid the will of the House, does my hon. Friend agree that it is vitally important that the Committee approves amendment 36, which has been proposed by the Select Committee? It is designed to make sure that the Government cannot use their prerogative as a device to prorogue the House to avoid complying with its will.

[Thomas Docherty]

I thank my hon. Friend for that remark and I congratulate him, as well as the hon. Member for Epping Forest (Mrs Laing), on the work of the Select Committee. My hon. Friend is entirely correct. As the Bill stands, it gives the Prime Minister and the Chief Whip vast power. It is the responsibility of Parliament to be a check on the Executive branch. I seem to be filling the Chamber, so this is of some interest. Members on both sides of the House have consistently made the argument that we have a duty to hold the Executive to account.

I am, as I said, a massive fan of the Speaker, although I accept that I do not have much with which to compare his activities. There is a serious danger that if the Bill continues its passage without suitable alteration, we are placing our Speaker and subsequent Speakers in an extremely difficult position. I counsel the Committee to think carefully when we come to vote.

[Chris Bryant]

In relation to that, may I put to my hon. Friend the point that I tried to put to the Minister earlier, but which he was not able to answer? Under the provisions of the clause, if the House had carried a motion calling for an early general election by a majority of 10 or 20 votes but not by the required super-majority, would the Speaker be able to determine that that was a motion of confidence, or would the Prime Minister be able to declare that it was a matter of confidence or no confidence in his Government, thereby qualifying under the second category and in effect, therefore, manufacturing an early general election?

[Thomas Docherty]

As ever, my hon. Friend succinctly hits the nail on the head. The Bill is a mess because the Government did not take full advantage of the opportunity for pre-legislative scrutiny.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Does my hon. Friend agree that, unfortunately, that is becoming a hallmark of the Government, particularly in relation to any constitutional change affecting Scotland?

[Thomas Docherty]

I thank my hon. Friend. I will not repeat my previous lecture on US constitutional history, but it is worth reflecting on what happened before the 1997 general election, when Labour, the Liberal Democrats and civic society in Scotland got together for a five-year constitutional convention and teased out over that period exactly the mechanisms that would lead to a no-confidence vote. As I mentioned earlier, using the example of Scotland, if the Budget falls in the Scottish Parliament, that does not automatically trigger an early general election. What happens is that the Presiding Officer of the Scottish Parliament has to set out that there will be a vote of no confidence later.

[Mr Cash]

The hon. Gentleman spoke about his enthusiasm for the Speaker. Does he agree that we must make certain that under no circumstances should the Speaker’s certificate be decided through the courts? The provision in the clause raises a serious question. The Clerk of the House was entirely right in his assessment. Furthermore, when the Committee votes on the amendments, it must decide that it will not under any circumstances allow the Speaker’s certificate to be decided by the courts, and that the wording of the 1911 Act—

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

Order. Interventions must be brief.

[Thomas Docherty]

I agree entirely with the hon. Gentleman, who has yet again identified the matter as a cross-House, cross-party, cross-views issue. It is not about tripping up the Government, but about providing clarity and ensuring that the matter is not resolved in the courts.

[Sir Peter Soulsby]

On the point about providing clarity, does my hon. Friend agree that it is vital that amendment 37 is passed? Without that, it is not clear what would happen as a result of a vote of no confidence. Amendment 37 makes it clear what follows from that and provides that necessary clarity in what might otherwise be a very uncertain period.

[Thomas Docherty]

Yet again, my hon. Friend is correct. We have seen no signal from the Government—I will happily give way to the Minister if he wishes to signal—that they will take on board the sensible, reasoned, bipartisan approach offered by the Select Committee. It is disappointing that the Minister does not wish to take that simple point on board. As the hon. Gentleman said, the issue cannot be resolved in the courts, because it would be an embarrassment to this House—a House that has stood in one form or another for 900 years—if we were forced to resort to them. We are not the Americans, I am pleased to say, and our political process should be decided through the will of the people and through their elected representatives. We should not pay high-value, slick lawyers to scurry off to the Supreme Court to try to overturn—