I put it to my hon. Friend that that wording in 1911 may well have been sufficient because it would not have entered the heads of the judges in those days to breach the Bill of Rights, but we know that members of the now Supreme Court—note the word ““Supreme””—sincerely believe that Parliament is within their purview. We have had the debate about whether the sovereignty of Parliament is a common-law principle—that is, part of judge-made law, rather than an historical fact that exists in its own right as a result of the disputes between the Crown and Parliament in the 17th century.
I believe that it would be helpful if I spoke briefly on this matter, and I take this opportunity to commend my hon. Friend on his new clause. Future Parliaments should have the opportunity to throw out the proposals in clause 2. That would not wreck the Bill, but it would invite questions about what it means and how practical it is. It would certainly impel a future Parliament to consider at the earliest opportunity whether the Fixed-term Parliaments Act should remain on the statute book—I very much hope that it will not—or to put in place much better arrangements to provide for early general elections under a fixed-term Parliament system. The Bill as drafted is nonsense and a potential disaster. If we do not fix it in this place, I hope that those in another place will do so.
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 c727-8 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 14:25:45 +0000
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_701826
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_701826
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_701826