Indeed, and that was the point that I think the noble and learned Lord raised in his speech. What happens in the first Queen’s Speech after an election? I think unless people are prepared to have election after election after election or the potential for that there would be an opportunity for another Government to be formed. The draft Cabinet manual published for consultation in December last year indicated that too. There would either be a dissolution or another Administration would be formed. It is that dual possibility that the Bill seeks to address.
I listened carefully to those who argued that the wording as to what constitutes a vote of no confidence needs tightening up. In response to the Political and Constitutional Reform Committee in the other place, the Government indicated a willingness to listen to suggestions on how that might be done. Those suggestions were not forthcoming during the Bill’s progress through the other place. I have certainly thought hard about it and wonder whether trying to be too specific might cause more problems than if one leaves the wording as it is. I know that my noble friend Lord Norton has views on this matter which it will be interesting to hear and explore in Committee. However, one recognises an elephant when one sees it. If it waddles like a duck and quacks like a duck, it is generally a duck. There is an issue here, but the more I have thought about it, the more I have found that trying to find a solution might cause more problems than leaving it, as it is at the moment, to the Speaker’s discretion. If it is not to be the Speaker, I do not think that it would be appropriate, given what has been said, for a member of the Executive to sign. I do not believe that leaving it as it is would cause the difficulties that have been suggested.
The noble and learned Lord, Lord Falconer, talked about manipulation. The Constitution Committee indicated that the position is indeed open to abuse, stating: "““We conclude that, if the Bill is passed, it would not be possible to prevent a government using a vote of no confidence to bring about an early election. To do so would be seen by many as an abuse of the Act's provisions and would undermine the fixed-term principle””."
I accept that that is possible, but I believe that it would be identified as an abuse. It would be a matter of politics. As far as I can see, the only way in which one can stop any kind of abuse is to have a rigid scheme, which no one apparently supports. That is why I have difficulty with those who have advocated that we keep things simple and that a simple majority of one in a vote of no confidence should be enough to trigger Dissolution. That would make the position worse in terms of the potential manipulation that the noble and learned Lord suggested could happen under the Bill. It would be even more likely to happen under a Bill which allowed for a simple majority of one in a vote of no confidence. It could be much more readily arranged.
Fixed-term Parliaments Bill
Proceeding contribution from
Lord Wallace of Tankerness
(Liberal Democrat)
in the House of Lords on Tuesday, 1 March 2011.
It occurred during Debate on bills on Fixed-term Parliaments Bill.
Type
Proceeding contribution
Reference
725 c1046-7 
Session
2010-12
Chamber / Committee
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Subjects
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2023-12-15 14:42:46 +0000
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