Fixed-term Parliaments Bill

Yes, the shadow Minister is correct. I am sure the Minister will have very good responses to these questions when he replies, but it is important that the House addresses them, and that is why the Political and Constitutional Reform Committee has tabled these amendments as a result of its pre-legislative scrutiny report. Amendment 36 would, in essence, encourage the incumbent Government to keep the House sitting, and not use the prerogative power of prorogation for purposes for which it should not be used. Amendment 37 reflects the Committee's findings that the Bill still leaves to unwritten convention the requirement that a Government should resign if they lose the confidence of the House. The Deputy Prime Minister said to the House in July this year that the Bill would"““strengthen the power of this House to throw out a Government through a motion of no confidence””—[Official Report, 5 July 2010; Vol. 513, c. 32.]" However, although that might have been the Deputy Prime Minister's intention, the Bill does not do that. Amendment 37 would require the Prime Minister to resign within seven days of a motion of no confidence being passed, and to advise the Queen to appoint a new Prime Minister who had the best chance of securing the House's confidence. The Government's response to the Committee's report appears to show that they do not intend that an incumbent Government faced with a successful vote of no confidence should be required to resign. The response states:"““A Government is able now, and would be able under the Bill, to remain in office after a no confidence motion and contest a general election.””" That is a very serious state of affairs. The Committee carefully examined the consequences of the Bill before putting that in its report, but the fact is that the Bill will allow a Government to remain in office after a no confidence motion and to contest a general election. That raises a number of constitutional questions, and I wish to put four to the Minister. First, do the Government intend that the incumbent Government should be able to force an early general election following a vote of no confidence even where an alternative Government with a potential majority in the House are clearly waiting in the wings? My second question relates to a matter that my hon. Friend the Member for Stone (Mr Cash) referred to: have the Government considered that an incumbent Government might engineer a vote of no confidence in themselves, requiring only a simple majority, and then simply sit it out for two weeks to force an early general election? Once again, although I have every confidence that the current Government and the Minister at the Dispatch Box would not behaviour dishonourably, the Bill gives a future Government the power to do that. As I mentioned in an intervention on my hon. Friend the Member for Stone, some Members of the Canadian Parliament raised this issue at a Commonwealth Parliamentary Association conference held here last week. There is a constitutional difficulty in Canada at the moment, because more than one vote of confidence has been held at the instigation of the Government. My hon. Friend said that he is not particularly interested in examples from other countries, and I agree that just because something happens in Canada does not mean that it will happen here. However, Canada's constitution and Government are constructed similarly to ours and we ought to learn lessons or at least look at the warning signs from a place whose legislature is so similar. Thirdly, have the Government considered that an incumbent Prime Minister whose party has narrowly lost a general election might refuse to resign and instead choose to face the House of Commons, as Stanley Baldwin did in January 1924—the shadow Minister referred to that—and as the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) could, in theory, have done this May? A vote of no confidence in those circumstances would give the incumbent Prime Minister the choice of either resigning or forcing another general election. An incumbent Prime Minister would not be able to exercise that choice at the moment, because the convention is that the monarch, under her existing prerogative powers, would almost certainly not agree to dissolve Parliament so soon after an election where there was a viable alternative Government. Nevertheless, the Bill, as drafted, would leave the question open, and it is our duty as a Parliament not to put the monarch under pressure to make a decision; we should never have a situation where the monarch has to exercise her prerogative power in order to keep the incumbent Prime Minister in line, as it were. This is another matter that could easily be dealt with by amendment 37, which states: "Where the House of Commons passes a motion of no confidence in Her Majesty's Government, the Prime Minister shall tender his resignation to Her Majesty within a period of seven days of the motion being passed." The amendment is quite simple and, again, is not intended to run a coach and horses through the Bill-far from it. As I have said on many occasions, I support the Bill and I want it to go through, because it is necessary for the stability of the Government and of the coalition at a time when we need stability. What the Select Committee is trying to do through these amendments is simply assist the Government to improve the Bill. My final question to the Minister is on how the Bill strengthens the power of the House to throw out a Government by a motion of no confidence. The Select Committee considered that question as carefully as we could in the time given for pre-legislative scrutiny and there is a general opinion that the Bill does not strengthen the power of the House to throw out a Government on a motion of no confidence. I would argue, however, that the House has at present a pretty good power that it can exercise to throw out a Government on a motion of no confidence. I do not believe that the Bill strengthens that position and the Deputy Prime Minister ought not to say that it does when it does not.