Fixed-term Parliaments Bill

My Lords, the amendments are in my name and those of the noble Baroness, Lady Boothroyd, and the noble Lords, Lord Butler of Brockwell and Lord Armstrong of Ilminster. The noble Lord, Lord Armstrong, regrets that he is unable to be in his place because he is chairing a Joint Committee. The purpose of the amendments is to address the deep unease on all sides of the House, as expressed at Second Reading and in Committee, as to whether it is appropriate to confine the circumstances in which a general election may be called within a five-year term. The amendments would ensure that the coalition Government will have their way as to the criteria governing this Parliament, but would leave future Parliaments to decide for themselves whether to apply the provisions in the Bill. That sunrise provision would thereby limit what many noble Lords regard as the constitutional damage which would be caused by this unhappy Bill. The amendments do not touch on the distinct question of the length of any fixed-term Parliament, which we have just debated. I want to make four points. First, the Bill would not in fact introduce fixed-term Parliaments. There is general agreement on all sides, and it is embodied in the Bill, that it is essential to allow for early general elections in some circumstances. The dispute concerns in what circumstances and by what means. Many noble Lords believe that it is impossible satisfactorily to define in legislation the circumstances in which an early election is appropriate. Such matters are far better left to convention and practical politics than to legalistic constraints. Your Lordships’ Constitution Committee heard compelling evidence to that effect, in particular from Professor Vernon Bogdanor. It is easy to envisage circumstances in which an early general election may well be appropriate, whether or not the criteria in Clause 2 are satisfied—for example, a change of Prime Minister; a change of coalition partner; or a new policy, such as Asquith’s in 1910 to gain popular approval for Lloyd George's Budget and then popular approval for limiting the powers of this House. Clauses 2 and 3 are worthy but necessarily cumbersome attempts to allow for early general elections in some circumstances. Such is the splendid unpredictability of politics that no one can foresee all the circumstances that justifiably lead to an early general election. That is the first point. Secondly, many noble Lords on all sides of the House have doubted the premise of the Bill, which is that the power of the Prime Minister to call an early general election is a political advantage for him or her. The evidence is very weak that this power has assisted Prime Ministers who would otherwise have lost subsequent general elections. Many noble Lords have spoken from experience of the agonies of decision-making caused to Prime Ministers with whom they have worked closely. Our political system has worked well; people can and should be trusted to decide whether to penalise a Prime Minister who calls what the people regard as an unnecessary or inappropriate early general election. Thirdly, it is of special importance—we heard discussion of this earlier—that a constitutional measure of this sort should be grounded in public consultation and in pre-legislative scrutiny. There was none. The Government should recognise that one reason why the referendum campaign on AV—I say nothing of the result—was so unsatisfactory was that there was no process of prior analysis of the options for change and of the merits and demerits of different voting systems. The absence of public consultation and pre-legislative scrutiny in this Bill is even more troubling, because there will be no opportunity for the public to express a view by way of a referendum. Unless and until there is proper public consultation on the issue, in a referendum if appropriate, we should do no more than legislate for this Parliament. Fourthly and finally, we should identify why this Bill is before Parliament. No one could seriously dispute the conclusion of your Lordships' Constitution Committee, which stated in paragraph 20 that, "““the origins and content of this Bill owe more to short-term considerations than to a mature assessment of enduring constitutional principles or sustained public demand””." I recognise that the Liberal Democrats have been arguing for fixed-term Parliaments for some time. However, they could not dispute seriously that the inclusion of this measure in the coalition agreement is due solely to the desire of the two parts of the coalition to ensure that their union lasts for five years and does not end in tears before then. That is a short-term political need. I do not deprecate it, but it does not justify a long-term alteration to the constitution of this country. What should the House do? I suggest that we should accept, with more or less enthusiasm, as noble Lords wish, the political reality that the coalition wants a binding commitment for this Parliament, but that we should stand firm in our belief—held on all sides of the House—that the case for general constitutional reform simply is not made. Indeed, the case for opposing the long-term constitutional reform contained in the Bill is very strong. This sunrise clause would recognise that the legislation inevitably suffers from substantial defects as it seeks to constrain what should be left to practical politics, convention, experience and the views of the electorate. If a future Parliament wishes, for political reasons of its own, to adopt a similar approach, perhaps because there is another coalition Government, it will be able to do so. In the mean time, the legislation would apply only to this Parliament. I beg to move.