My Lords, I thank the noble Lord, Lord Howarth, for the amendment. I was initially puzzled about its effect, which would be that it would provide that the next scheduled election was not held following an early general election under Clause 2. This gives me an opportunity to say something about subsections (3) and (4), as he has indicated that with this amendment he is seeking to ensure that the clock is not reset. His closing remarks indicated that this is a matter not of high principle but of judgment.
Subsections (3) and (4) of the clause provide that, where an early election occurs, the polling date for the next election will be the first Thursday in May in the fifth year of Parliament, unless the early election falls on a date before the first Thursday in May, in which case the length of the ensuing Parliament will be calculated as four years from the next first Thursday in May. That will deliver certainty as to when the next election will be, but—this is a crucial point—it also gives the incoming Government as close to a five-year term as possible. It eliminates the need for the electorate to return to the polls in quick succession, as the clock is effectively reset.
The Constitution Committee examined this aspect of the Bill. In its report it concluded that if there is an early general election, a Government elected at that poll should have a full term, or as near a full term as possible, in which to develop their policies and take their legislative programme through Parliament.
Some noble Lords may nevertheless have the concerns expressed by the noble Lord about the term of the Parliament after an early election. I know that some consider that it would be preferable for an early election not to affect the date of the ordinarily scheduled election, but that could well mean that a Parliament was given only a relatively short period of time. It may be that a Government would be elected with a substantial majority, and it would be difficult to explain to an electorate in these circumstances why it would be necessary to return so quickly when it might appear that a Government had been elected relatively recently with a mandate. They might be surprised and somewhat confused by that approach.
Not to allow an incoming Government to serve a full term would lead to a system with potentially two types of Government: those entitled to a full term to implement their policies, and those who would have to make do with the time left to them before the next scheduled election. That could also alter the nature of the elections themselves. Why should the mandate provided at one election be any different from the mandate provided at another?
I note the points made about the devolved Administrations in both Scotland and Wales. There is a difference; I think that the Northern Ireland Assembly is much more akin to what is proposed in the Bill. It is also the case that, given the proportional systems that are in place for elections to the Scottish Parliament and the Welsh Assembly, it is unlikely that you are going to get a Government elected with a large single-party mandate. If a party had not been elected with such a mandate, people would not think it so odd that it did not have a full term.
We gave consideration to this matter, but the balance comes down in favour of resetting the clock. I am grateful to the noble Lord for his amendment. It has been an opportunity for us to air this important aspect of the Bill. I hope that he will agree that there is merit in resetting the clock and, on that basis, will withdraw his amendment.
Fixed-term Parliaments Bill
Proceeding contribution from
Lord Wallace of Tankerness
(Liberal Democrat)
in the House of Lords on Monday, 21 March 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Fixed-term Parliaments Bill.
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Reference
726 c515-6 
Session
2010-12
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