Fixed-term Parliaments Bill

I am not in a position to confirm that because it is highly speculative as to whether that would have happened or not. One does not know what kind of campaign there would have been if there had been an election on AV. Clause 2(2) recognises the traditional right of the House of Commons to pass a Motion of no confidence in the Government on a simple majority of those voting. No-confidence votes have, until now, been a matter of convention—although it has been widely accepted that a no-confidence vote in the other place would require a Prime Minister to resign or call an early election. However, there has been nothing to date to enforce this. For the first time the Bill gives legal effect to a Motion of no confidence passed by the House of Commons. Such Motions will continue to require a simple majority. Clause 2(2) provides that, following the passing of a no-confidence Motion in the other place, there will be a period of 14 days during which the Government may seek to gain the confidence of the other place. If, during the 14-day period, a Government emerge who can command the confidence of the House of Commons, it will be free to govern for the remainder of the five-year term since the previous general election, and the country would not have a general election. However, if no such Government emerge at the conclusion of the 14-day period, Parliament will be dissolved. As the Constitution Committee concluded, a period of 14 days strikes the right balance between allowing enough time for an alternative Government to be formed while ensuring that there is no prolonged period without an effective Government. We must bear in mind that a Government who are known to have lost the confidence of the House of Commons will continue to be the Government during the campaign period. A Motion for an early election will be confirmed by issuing a certificate by the Speaker of the House of Commons. A similar provision is set out in the Parliament Act 1911, which provides for the Speaker of the House of Commons to issue a certificate confirming that a Bill has been certified as a money Bill. In the case of a no-confidence Motion, the Speaker’s certificate will confirm that the Motion has been passed, and that the 14-day period has ended without the House of Commons passing any Motion expressing confidence in any Government. Such a certificate will mean that there is no ambiguity about whether the other House has voted for Dissolution in the requisite majority or whether a vote of no confidence in the Government should trigger Dissolution. Clause 2 sets out that the Speaker’s certificate, in these cases, shall be conclusive for all purposes and that the Speaker must, as far as is practicable, consult the Deputy Speakers before issuing the certificate. While it has been argued that the requirement for a two-thirds majority should not be set out in statute, I was pleased to note that the Constitution Committee shares the Government’s assessment of the Bill’s interaction with parliamentary privilege. It provides the House of Commons with a new power—one that is to be transferred from the Prime Minister to the House of Commons. We believe that such a fundamental constitutional change should be laid down in statute. However, in doing so, the Government do not believe that the provisions in this Bill will undermine the other House’s exclusive cognisance. I have made available in the Library a copy of a memorandum that the Government placed in the House of Commons Library on 13 September setting out their view that the Bill does not affect the relationship between Parliament and the courts.