My childhood, unlike that of the hon. Member for Grantham and Stamford (Nick Boles), was not peppered with bedtime stories of prorogations and other interesting matters.
Before I speak to the two amendments in my name, I want to discuss new clause 4 and some of the other amendments on Prorogation. I accept the point made by the hon. Member for Rhondda (Chris Bryant) that anomalies left in legislation can lead to all sorts of continuing questions, and to absurdities and abuses. In so far as we are trying to create fixed-term Parliaments and trying to set out in clear and reliable terms the circumstances in which an election can be brought about early, we should as far as possible have those arrangements as tidy—to use the hon. Gentleman's valley word—as possible.
However, I accept the point that the hon. Member for Grantham and Stamford made: that the amendments of themselves would not sort out all the questions. If our real fear is that a future Francis Urquhart Prime Minister will exploit these anomalies and devices to create all sorts of problems, the amendments themselves would not fully prevent that, because a Machiavellian Prime Minister who was able to marshal and control votes in the House would be able to do exactly the same with Prorogation. To a degree we are in the realm of,"““There's a hole in the bucket, dear Liza””."
Each time we try to solve the problem, we come back to the basic issue of trust and control—the control that a Prime Minister and Whips could have in the House, where things rest on a vote determined by the Prime Minister.
I believe, however, that important amendments tabled by Members on the Opposition Front Bench would at least ensure that there are not open and blatant inconsistencies between election spending windows for different elections that could be taking place fairly coterminously. Simply as a matter of good legislative practice, we should as far as possible try to resolve those problems and keep things squared now.
Also in response to what the hon. Member for Grantham and Stamford said, if we are serious about the Bill being a fixed-term Parliament Bill, and if its purpose is to prevent people from being surprised into an election or an election from being called at a stroke, it could help if we had clear fixed time limits for Prorogation, such as those that are being suggested. I am somewhat like the hon. Member for Bolsover (Mr Skinner) in that I come from a political tradition that does not particularly like caps being doffed in the House of Lords or anywhere else, so I would prefer to avoid the constitutional eccentricity of Prorogation, but if that is part of the chosen furniture and architecture of this place, at least let us ensure that we do not trip over it in a dangerous way.
Amendments 14 and 15, which are in my name, would amend clause 2. As with some of the comments that the hon. Member for Rhondda made in proposing new clause 4, my amendments 14 and 15 are intended to question the Government's argument that the Bill is about removing prerogative powers from the Prime Minister to call elections. It was said in earlier debates on the Bill that the significant move is that the current Prime Minister will be the first to give up that power. If that is the case, why, when an election is called early under clause 2(1) or the confidence measure in clause 2(2), is it left to the Prime Minister to recommend the election date? Clause 2(1) relates to when a vote takes place in the House of Commons for an early election date and that vote is certified by the Speaker. I believe that in such circumstances it should be entirely possible for the House, in such a Division, to specify the date rather than leaving it up to the Prime Minister.
This matter arose in debates at earlier stages. Some amendments had come from the Political and Constitutional Reform Committee, and some of its amendments brought us into the situation where everyone in the Chamber at Committee stage was talking about the provisions of clause 2(1) and (2). They talked about the vote taking place in close calendar quarters to the calling of the election, whereas I believe that we should make clear provision relating to clause 2(1) to allow Parliament to vote maybe a year, maybe even two years ahead of the due date of an election, to say, ““No, for good stated reasons we are going early.”” It might be that England has finally won a bid for the World cup and that tournament will coincide with the due date for an election, and people might well sensibly say in advance that they want to move it—or similarly for the Olympics or another event. Or—people seem to be very taken with royal weddings at the minute—perhaps some such event could be taking place in close proximity to the due date for an election, in which case Parliament might very sensibly agree to move the date forward. As the Bill stands, Parliament cannot do that.
Fixed-term Parliaments Bill
Proceeding contribution from
Mark Durkan
(Social Democratic & Labour Party)
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.
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521 c750-2 
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2010-12
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