My Lords, I have put my name to this proposed new clause because it provides greater clarity and certainty than Clause 2 in its present form. It defines clearly and unambiguously what constitutes a vote of confidence in the other place for the purposes of this legislation. It is not a total definition of all votes of confidence but of what would constitute a vote of confidence for the purposes of triggering an early parliamentary election. It may not be perfect, but I think it is a very good shot at that. It provides the additional safeguard of a certificate by the Speaker that a vote is indeed a vote of confidence within the meaning of the Act, but I hear the noble Lord, Lord Howarth, on that subject, and we can consider whether that needs to be retained, as the noble Lord, Lord Cormack, suggested.
This proposed new clause also specifies clearly the consequence that is to follow the defeat on a vote of confidence, as defined, in the Government in another place: that there is to be an early and immediate parliamentary general election. It does not provide, as the existing Clause 2 would provide, for a cooling-off period of a fortnight between the vote and the decision to dissolve Parliament and hold an election. That seems to me an improvement, not a weakness, as compared with the provision in the Bill. That fortnight would be, as has been pointed out, a period of prolonged political uncertainty, not to say crisis, and of paralysis in government, which would be better avoided.
I suppose that that provision is intended to allow for the possibility that after a defeat on a vote of confidence a new Administration might be formed, perhaps under a different Prime Minister, which could carry on government without the need for a general election. I suggest that this possibility is more theoretical than real. In real life, if a Government were faced with the prospect of a vote of confidence, the loss of which would certainly trigger a dissolution of Parliament and a new election, they would do their utmost to try to ensure that they did not lose the vote. If they failed to do so, it would be clear enough that a Government who had lost a vote of confidence as defined had run out of time and political credit to such an extent that the only realistic remedy for the problem would be a Government with a new electoral mandate.
As the noble Lord, Lord Cormack, has suggested, the drafting of this amendment could well be improved or tidied up in various ways by further consideration and refinement but, for the reasons I have indicated, it seems to me that a new Clause 2 to the effect proposed by this amendment would be a marked and useful improvement to the Bill, if we have to have the Bill.
Fixed-term Parliaments Bill
Proceeding contribution from
Lord Armstrong of Ilminster
(Crossbench)
in the House of Lords on Tuesday, 29 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 c1191-2 
Session
2010-12
Chamber / Committee
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