UK Parliament / Open data

Fixed-term Parliaments Bill

I will not dwell on this issue at length, Mr Evans, because if I did so you would rule me out of order, but the coalition agreement does not say that. It says that we want to make the upper House more representative of the result in the general election, not exactly in line with it. The hon. Gentleman simply is not right. The hon. Member for Stoke-on-Trent Central (Tristram Hunt) quoted from a judgment. I will not be drawn into the specifics of the Chaytor case—although the Supreme Court has given its judgment, there are ongoing criminal trials—but the flaw in the hon. Gentleman's argument lies in the fact that the case concerns the administration of the expenses scheme. The House of Commons has never asserted exclusive cognisance of the expenses scheme. It has never said that the scheme, its administration and the matters that flow from it are parliamentary proceedings, which is why that is not a good example. Moreover, the Supreme Court's judgment recognises the exclusive right of each House of Parliament to manage its own affairs without interference from the other, or from outside Parliament. My hon. Friend the Member for Harwich and North Essex quoted the views of the Clerk of the House. If the Government were alone in their view and the Clerk's views were shared by everyone else, my hon. Friend would have a stronger case. The Political and Constitutional Reform Committee and the Lords Constitution Committee have taken a great deal of evidence, and the weight of independent expert evidence has supported the Government's view. For example, Professor Robert Blackburn of King's college London said—and I think that this is in line with the comments of my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox)—"““In my view, the government's Fixed-Term Parliaments Bill has been technically well-drafted by the Cabinet Office's parliamentary counsel, particularly in avoiding judicial review of its provisions on early elections by way of Speaker's certificates””." The hon. Member for Nottingham North (Mr Allen), the Chairman of the Political and Constitutional Reform Committee, said:"““In the very limited time that we had to look at this matter, the Clerk was the only person to raise this question, and the academics who have been referred to—Professor Hazell, Professor Blackburn and others—completely disagreed with the view put forward by the Clerk.””—[Official Report, 13 September 2010; Vol. 515, c. 632-3.]"
Type
Proceeding contribution
Reference
519 c865-6 
Session
2010-12
Chamber / Committee
House of Commons chamber
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