Fixed-term Parliaments Bill

My Lords, this amendment is designed to probe the reasons for the Speaker having to consult the Deputy Speakers before issuing his certificate. So far as I can see, there are two possible, if incompatible, reasons for the inclusion of this provision. The first is because of the provision of Section 1(3) of the Parliament Act 1911, which requires the Speaker, before certifying that a Bill is a money Bill, to consult, if practicable, two members of the Chairmen’s Panel. The Government may thus see the provision of the Speaker’s certificate as analogous to a certificate under the Parliament Act. The second reason is that the Government recognise that the situation is not strictly analogous. As I pointed out at Second Reading, there is a statutory definition of a money Bill. There is no definition in this Bill of a motion of no confidence. There is therefore the prospect, as we have already heard, of the Speaker being dragged into political controversy. It is possible at the moment for the Speaker to be drawn into controversy over the certification of a money Bill. We saw a recent example in your Lordships’ House. That arose because some Members were ill informed about the provisions of the Parliament Act. However, that perhaps emphasises the point that the potential for controversy is even greater in a politically charged atmosphere where the fate of a Government may be involved, and there is no statutory guidance that would offer the Speaker a protective shield. It may thus be that, recognising that potential, the Government wish to provide some protective cover for the Speaker by involving the Deputy Speakers in the decision. Because the Deputy Speakers will be drawn from different parties, it provides a modicum of cover. Whichever it is, neither justifies the provision. Ultimately, whatever consultations are held, the decision will be that of the Speaker and be seen as such, as is the position with money Bills. If one seeks to provide some degree of protection for the Speaker, the answer is not to require him to consult the Deputy Speakers but, rather, to provide a clear statutory definition of what constitutes a motion of no confidence. We shall come in due course to the amendment tabled by my noble friend Lord Cormack. That is the way we should be going. I appreciate that his amendment is not incompatible with subsection (4) but, whereas there is a clear, and I believe compelling, case for defining what we mean by a vote of no confidence, I am not clear that there is a compelling case for subsection (4). What value is added by consulting the Deputy Speakers? They are not necessarily experts on the subject. What if they disagree with one another? If the Speaker is to consult, why not give him scope to consult those who appear to him to be appropriate to consult? In practice, he could presumably consult whom he wishes, so there is no obvious need for the provision. Ultimately, if there is to be a Speaker’s certificate, it is the Speaker’s responsibility. He cannot pass it on to others. I am therefore unclear why this provision is necessary. I look forward to hearing from the Minister why it is in the Bill. I beg to move.