Fixed-term Parliaments Bill

Thomas Docherty Excerpts

Thursday 8th September 2011 Commons Chamber

[Mr Harper]

The amendment in lieu does not concern a sunset provision. If the committee that was set up, having examined the operation of the Act and of fixed terms, concluded that the Act should be amended or, indeed, repealed, it could make such recommendations, but Parliament would then have to go through the full normal legislative process, with its checks and balances. There would not be a simple on-off provision that could be triggered in some constitutionally innovative way.

As for my hon. Friend’s point about the House business committee, it would of course deal with the business of the House. The committee set up by the Prime Minister would have to consist of a certain number of Members of Parliament—although it would not be composed entirely of Members of Parliament—to make recommendations. It would not deal with the timetabling of parliamentary business. My hon. Friend is, of course, a big supporter of both the Backbench Business Committee and the establishment of a House business committee.

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

Will the Minister clarify three points? First, why has he chosen 1 June 2020 as the start date, rather than immediately after the general election on the first Thursday of May? Secondly, does he expect the whole process to take place between 1 June and 30 November 2020? Thirdly, why have the Government not specified how many people will be on the committee? Surely that would have been a reasonable thing to do.

[Mr Harper]

We chose 2020 in order to ensure that the committee has had the experience of a full fixed term. After all, the Bill is not law yet. We argue that a fixed term is good not only because that takes that power away from the Prime Minister, but because it enables us to have a much more sensible set of arrangements. I hope it might mean that we would no longer need to have a wash-up process, because everybody would know when the parliamentary term would end. It may also help with handling pre-legislative scrutiny at the front end of the process—something for which we have been criticised. If a Government can be certain when a Parliament starts, how long it will last and how much time they will have, that will enable them to plan their legislative programme, including pre-legislative scrutiny, through that Session, which may result in some improvements. Such benefits will be properly seen only in the Parliament beginning in 2015; they will not be seen in this Parliament because the arrangements were not in place from the beginning of it. That is the reason for the 2020 date.

The reason for the other two dates that the hon. Gentleman mentioned is simply to make sure that the commitment to set up a committee is not open ended, in which case some people might lack confidence in whether the Prime Minister would set it up. The Prime Minister has to set it up between those two dates; those dates refer to the arrangements to set up the committee. [Interruption.] Well, it would depend on what the committee was looking at and how long that would take. It will not have to report by 30 November. That seemed an appropriate situation, and it is only a short period after the date of an election, so it did not seem to be an undue delay.

[Thomas Docherty]

Coalition negotiations!

[Mr Harper]

I disagree with what the hon. Gentleman says from a sedentary position. He is reading too much into this.

--- Later in debate ---

[Mr Reid]

The Lords amendment we are debating requires the Bill’s provisions to be renewed if they are to be used in each future Parliament, but the Pannick amendment defeats the purpose of the Bill by permitting fixed-term Parliaments only if agreed by both Houses in a future Parliament. It effectively annuls the provisions of the Bill unless both Houses of every future Parliament vote to put the provisions back in place.

The Lords amendment is effectively a wrecking amendment, because it does not even require a resolution to be brought forward to annul the provisions—it is the other way around. Resolutions have to be put forward in future Parliaments to re-establish the provisions. That is completely unnecessary, because if a future Parliament wanted to amend this Bill, it could do so through the normal process of legislation. The amendment simply creates an unnecessary layer of law and its real purpose is to wreck the Bill. It would have been better if the Lords had simply been honest about it and voted against the Bill rather than trying to insert this clause, which is simply a wrecking measure by another route.

The Government’s new amendment, which I support, provides to the Lords a reasonable compromise in that it allows post-legislative scrutiny after we have seen the effects of the Bill through the full cycle. I urge the House to accept the Government’s amendment and reject the Lords’ wrecking amendment.

[Thomas Docherty]

May I begin by asking the Minister to answer the third question I posed to him? In some ways, it is the most important—it is the question about the size of the proposed committee. I have a huge amount of respect for the Minister and I think he secretly enjoys coming along on a Thursday lunchtime and spending some time with right hon. and hon. Friends on his side and on ours. We have excellent debates and he engages well with them. I suspect that the reason why we have such a poorly drafted offer from the Deputy Prime Minister and why the Minister has signed it off on behalf of the Prime Minister is that he knows the Lords will have to reject it, because it is so badly written, and he will be able to come back next week or in October and have another swing at this. The proposition offered on behalf of the Deputy Prime Minister opens up many questions that have not been answered about the size and remit of the committee.

One could reasonably say that the Bill will have an impact not only on the workings of both Houses but on the devolved Administrations and on the local authority elections that subsequently take place, because we would have to have five-year Parliaments permanently for the Scottish Parliament and the Welsh Assembly in order to keep one year behind. That is a very unsatisfactory arrangement.

[Mr Reid]

Surely the Bill removes the uncertainty that would otherwise have applied, because without it not only would the Scottish elections have been scheduled for May 2015 but if this Parliament were to go full term, that election would also be in May 2015. That complete and utter uncertainty is removed by the Bill.

[Thomas Docherty]

I do not share the hon. Gentleman’s optimism about the coalition holding together successfully for the full five years. I think that he is accepting that, in effect, we now have, permanently, a five-year Scottish Parliament and a five-year Welsh Assembly, but I am not sure whether legislation will be brought forward to make that clear in the next Parliament. That is a huge change in constitutional convention and I think he was involved in that. Certainly, his party played a significant role and there was cross-party consensus on it.

One of the key issues was having a four-year Scottish Parliament. I would very much hope that if the committee were set up, it would have a remit that covered not just the impact on the workings of both Houses, but the impact on devolved Administrations and on local authority elections in the rest of the United Kingdom. It is disappointing that we have seen no such indication from the Deputy Prime Minister about what the committee’s remit would be.

It is also disappointing to note that there is no length of time attached to when the committee is expected to report by. If I were cynical and thought that the Deputy Prime Minister could not be trusted and might make a pledge that he would then break, I might think this issue would then be kicked into the proverbial long grass for, perhaps, the full five-year period. I was very surprised that although the Minister gave a reasonably satisfactory assurance about the starting date of the committee, a closing date for its work has not been provided. I look forward to hearing his response in a few minutes, when I very much hope he will deal with that point.

We also heard from the hon. Member for Argyll and Bute (Mr Reid) that this is a wrecking measure. I have been in the House for only 15 months but it strikes me that every time the Deputy Prime Minister puts forward something that his coalition partners are not keen on, some measures are described as wrecking measures. I seem to recall that exactly the same argument was used about changing the date of the referendum on the alternative vote. It was said that moving the date back six months would wreck the whole premise, but I note that that argument was not put forward this week by the Liberal Democrats about shifting the date of the police elections—somehow that is not a wrecking measure, but I cannot think why.

It is very disappointing that the debate was not better advertised, as my hon. Friend the Member for Rhondda (Chris Bryant) mentioned, possibly because the Patronage Secretary was hoping that many of his more principled colleagues would make other arrangements for this afternoon and would not be around to give the measures the due diligence they could do with. I would be grateful if the Minister would outline why we were not notified until 3 o’clock yesterday afternoon that this important debate was going to take place.

The last issue that I want to address is the Minister’s argument that it would take nine years to start this process. I do not see why he requires, effectively, two complete Sessions of five-year fixed terms to do this. His argument about the upper House is quite revealing and I am sure that right hon. and hon. Members in his party will take great comfort from the fact that he is now saying that there will not be an elected upper House and that we will rightly have a fully appointed House of Lords, as we have at the moment. I am sure that is part of the deal that was cooked up over dinner last night. I understand that the Minister was the subject of some roasting last night at the dinner and it is good to see his hands fully today. I understand that there was some concern among parliamentary colleagues that he would have to keep his hands in sight at all times. Without further ado, I will sit down so that he can respond.

[Mr Harper]

With the leave of the House, Madam Deputy Speaker, let me deal with the concerns that have been raised by hon. Members on both sides. The hon. Member for Rhondda (Chris Bryant) made a point about the amendment’s availability. It was tabled on Friday and—obviously, processes of the House are a matter for the House—it was certainly on the parliamentary website for the world to see by Monday. So there were three, clear parliamentary days for Members on both sides of the House to look at the amendment and consider their views. The hon. Gentleman’s comments about the usual channels will obviously have been heard by them, and I hesitate to trespass on those matters. I shall leave that point there.

The hon. Gentleman says that the Bill has not had proper consideration, but it absolutely has. It is true that it did not have pre-legislative scrutiny—and we have explained on a number of occasions that it was a first-Session Bill and that we wanted to make progress on it—but it has had extensive legislative consideration in this House and in the other place. He pointed out that it was introduced to the other place more than a year ago, so the idea that this important Bill has not had proper scrutiny simply is not correct.

The hon. Gentleman said that post-legislative scrutiny already takes place and he is quite right to say that that is done not by the Government but by Parliament. The Government produce a memorandum on Bills that they submit to Parliament, but they do not, of course, scrutinise themselves. This simply adds to the existing scrutiny that will already take place—because of the concerns that people had, we wanted to make it explicit that the Prime Minister would set up a Committee that would look at the operation of the Act and would then have to report and would give the House the opportunity for a full debate.

Picking up the points that the hon. Member for Dunfermline and West Fife (Thomas Docherty) raised about the detail—the number of members on the committee and the end point—this goes back to the point that the hon. Member for Rhondda made about operating by consensus. The Prime Minister would set up the committee, but details about the number of members and the out-date would be addressed later. The terms of reference would clearly be very wide—the amendment mentions

“a committee to carry out a review of the operation of this Act”

but does not narrow the terms. Those issues would clearly be agreed through the usual channels so there would be some sort of consensus for parties to appoint their Members to the committee. It seems to me sensible to allow that process to take place rather than to set down every detail in the Bill.

--- Later in debate ---

[Mr Harper]

I have only a few minutes and I am trying to deal with the points that hon. Members have raised.

[Thomas Docherty]

Will the Minister give a guarantee that he will consult the First Minister and the Deputy First Minister of Northern Ireland about this committee and about the West Lothian commission?