That was the purpose of my referring to Lord Phillips's recent obiter dicta, in which he implied that later Acts of Parliament can effectively repeal the parts of the 1689 Act that protect Parliament's privileges. I do not think that that is satisfactory, and Parliament needs to think clearly about how we remain in democratic control of this country's constitutional settlement.
Using legislative techniques, such as those suggested by my hon. Friend, is the direction in which we ought to move. Some people will say that means moving towards a written constitution, but that is to misunderstand our constitution. It is partly written and partly not written. The point is to determine who is in charge. Parliament should be in charge, with the necessary checks and balances between the two Houses. So I very much welcome the debate that my hon. Friend the Member for North East Somerset has initiated on this topic. This debate will run and run, even though we might not be able to agree or divide on his new clause.
I put my name to new clause 5, tabled by my hon. Friend the Member for Stone, partly because it provides an opportunity to remind ourselves of how bad the Bill is. I am afraid that I am appalled that it was introduced in this way. I cannot recall any Government ever introducing a Bill to manipulate the constitution for their own purposes in such a nakedly self-interested way. Clause 2 is simply a fig leaf to ameliorate the problems that arise from fixed-term Parliaments.
Let us remind ourselves of the provisions of clause 2. The two-thirds provision is obviously open to manipulation—assuming that the mechanism does not drag us into disputes with the courts—because if the Government of the day tabled a motion of no confidence in themselves, it would hardly be likely that the Opposition would oppose it, so a general election would still be available at the initiative of the Executive. In a coalition arrangement, the smaller partner might decide not to take part in such a process, meaning that the motion would be opposed and, by arrangement with the Opposition, perhaps passed by only a simple majority. Under the Bill, we are therefore creating arrangements by which a junior coalition partner may switch horses halfway through a Parliament.
I believe that the Liberal Democrats wanted a fixed-term Parliament so that they could swap coalition partners halfway through the Parliament. Lo and behold, we now read in the papers that the Leader of the Opposition and the Deputy Prime Minister seem to be striking up a new friendship—perhaps that heralds the switch. Of course, I am talking hypothetically—the subject is theoretical—but, constitutionally, the possibility exists. It is extraordinary that we are contemplating putting in place arrangements that could bring about a change of Government, Prime Minister and Administration without a general election, but that is what the Bill provides for. The hon. Member for Rhondda (Chris Bryant) seems to be looking at me quizzically.
Fixed-term Parliaments Bill
Proceeding contribution from
Bernard Jenkin
(Conservative)
in the House of Commons on Tuesday, 18 January 2011.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Fixed-term Parliaments Bill.
Type
Proceeding contribution
Reference
521 c725-6 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
2023-12-15 14:25:46 +0000
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