My Lords, this amendment would mean that an election to the other place could not take place on the same day as an election to this House. The Political and Constitutional Reform Committee in the other place suggested that the Fixed-term Parliaments Bill should be discussed with the draft Bill on reforming the House of Lords so that the two fundamental constitutional issues could be considered alongside each other. Indeed, that somewhat wise committee noted: "““Elections to a reformed House of Lords may well prove a further complicating element””."
Let us pause for a moment to see what considerations and complications might arise. There are two assumptions. The first is that the elections to the other place and to your Lordships’ reformed House would take place on the same day. If that is the correct assumption, I assume that the elections to this House would also be for the same five-year fixed term—if that, rather than a term of four years, is accepted. One has to assume that the term would be shortened should an election be triggered in the other House. In the mean time, what should happen? Will Members of this House be able to resign, for example, to fight a seat in the Commons? Maybe they will be able to resign from this House, having been elected here, for any other reasons via—presumably—the equivalent of the Chiltern Hundreds. If so, what if the following by-elections to this House changed the composition of this House so that the Government in the Commons could no longer get their programme through this House but were unable to call an election in the other place because that is not allowed for in this Bill?
The second assumption is that elections to the two Houses would take place on different days. It is interesting then to ask the question: for how long would Members elected to this House sit and would that be for a fixed term, regardless of what elections were to take place in the other place? What will be the gap between the general elections in which people are elected to the two Houses? On the assumption that they are held on different days, halfway through a Commons parliamentary term your Lordships’ House could change hands so that there was stalemate, but with the upper House perhaps claiming the legitimacy of a fresh mandate and—if elected by proportional representation—a more representative mandate. If this House claimed a fresh mandate in light of current affairs, where would that leave the Commons—unable to challenge it or to refresh itself by virtue of a new election and mandate? Could the equivalent of a no-confidence vote in this House then trigger a response in the other House, to enable it to call an election?
It is worth recalling that our Select Committee on the Constitution noted that, in regard to the triggering of an early general election for the Commons, the Bill should contain a form of safety valve in case the Government lost, "““the confidence of the Commons or where a political or economic crisis … affected the country””."
However, either of those, should they happen, might be felt most quickly in your Lordships’ House—should an election here come swiftly after, or even during, such a crisis—and change its composition so that this House felt it more truly reflected the current views of voters. The new elected House might then almost make things ungovernable if it felt that it had to restrain the Commons from action that the electorate had demonstrated would displease it.
These are exactly the sort of questions that will in due course be debated with regard to the plans for this Chamber. However, it seems odd that we will entrench the date for the elections to one part of Parliament without any reference to elections to the other part. Perhaps, therefore, at the very least, the Minister will simply clarify whether the first tranche of the elections to this place is also envisaged for 7 May 2015, and the next tranche for May 2020. If not, what are the ideas about the harmony of the two Chambers, given the provisions of the Bill? I beg to move.
Fixed-term Parliaments Bill
Proceeding contribution from
Baroness Hayter of Kentish Town
(Labour)
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.
Type
Proceeding contribution
Reference
726 c517-8 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 15:16:22 +0000
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