Fixed-term Parliaments Bill

My Lords, this has been a thoughtful debate about what has been recognised on all sides of the Chamber as a genuine conundrum. The noble Lord, Lord Cormack, drew our attention to the irony of a Bill that is intended, as he put it, to clip the wings of the Prime Minister actually proposing to confer on him the extraordinary additional power of extending the life of a Parliament beyond the five years that have been enshrined in legislation since 1911. That alone should give us pause and make us think pretty carefully about what we are doing. We all recognise that there is a significant decision to be made. I think that we all recognise, too, that there is a problem; there cannot be doubt about that. My amendment is intended only as a probing amendment. When I tabled an amendment proposing that subsection (5) be deleted, it was certainly not because I thought that this was a problem that we should ignore. We need if we can to provide satisfactorily for the contingencies that noble Lords have suggested could occur. The noble Lord, Lord Norton of Louth, with his characteristic lucidity and incisiveness, set out the criteria that he thought the House should have in mind as we frame this legislation. He desires to be rigorous. I suggest to him, as I did in my opening remarks, that his wording needs to be tightened up and made more rigorous, and not just in the technical drafting sense to which the Minister drew our attention. The noble Lord suggested that the choice was either to adopt the wording of his Amendment 24, perhaps strengthened, or to drop subsection (5), as Amendment 18 requires, and simply remove altogether from the legislation the power to bring forward or defer a general election in an emergency. The noble Lords, Lord Rennard, Lord Tyler and Lord Marks of Henley-on-Thames, like the noble Lord, Lord Norton, commendably went further than I had done and tried to propose a constructive solution. Rather than trying to find wording that would encompass even in fairly general terms all the possible contingencies that ought to trigger such a power, they suggested a procedural device that, without attempting to anticipate all the varieties of emergency that could occur, would respond adequately to an emergency of that kind if it occurred. There is a lot of merit in that approach. For reasons with which I shall not detain the Committee by explaining now, I have my worries about bringing in the Speaker on the lines that the noble Lords’ amendment proposes, but we shall talk about a Speaker’s certificate when we come to other amendments in due course. However, the noble Lord, Lord Rennard, was quite right to insist on the desirability of consistency in the legislation that determines this option not only for the Parliament of the UK but also for the Scottish Parliament, the Welsh Assembly and local government. My noble friend Lord Foulkes rightly drew attention to the possibility that, if we had an elected House of Lords, we would need equally to provide for such powers to apply in relation to elections to it. He rightly warned us once again of the dangers of engaging in piecemeal and ill prepared legislation on the constitution. I am grateful to the noble and learned Lord for his exceptionally full and reflective response to the debate. He has brought forward government Amendment 26, which simply requires that, if the Prime Minister proposes an order to alter the date of the election in an emergency situation, he must set out his reasons. That is not sufficient. I know that the Government were encouraged to bring forward a remedy in these terms by the Select Committee on the Constitution, but this debate has shown that this Committee of the Whole House is not satisfied that simply requiring the Prime Minister to give reasons meets the needs of the case. I am grateful for the willingness that the Minister has signified to think further about this issue and about how we can come to a better solution to the problem. On that basis, I beg leave to withdraw my amendment. Amendment 18 withdrawn. Amendments 19 to 25 not moved. Amendment 26 Moved by