Fixed-term Parliaments Bill

My Lords, like my noble friend Lord Tyler, I agree that these amendments are clever and elegantly drawn, and the quality of the speeches in favour of them supports that. However, upon analysis, one sees that the effect of the amendments is to undermine the entire Bill from the next election. Having listened carefully to the speeches that have been made in support of them, it is plain to me that that is the desire of those who have made them. The effect of the amendments is that a resolution of both Houses would be required to make any subsequent Parliament fixed term. As has been rightly pointed out, this and any Government already have the power to decide the date of the next election, which they can, if they wish, fix. That being the case, with these amendments, this Bill would add nothing to the existing law. The Bill, which has been extensively debated, is intended to legislate for the principle of fixed-term Parliaments for the long term. To the extent that it is enacted and stays in force, it will ensure that the power to dictate the timing of elections is removed from the Prime Minister of the day. That is, however, subject to the provisions in Clause 2 for early elections. Much humour has been made of the loss to the House of Commons of the noble Lord, Lord Tyler, in October 1974. It is likely that this Bill would not have saved the noble Lord’s career then, because the House would probably have been dissolved in any event pursuant to the early election provisions had this Bill been in force. The real fallacy of these amendments is the suggestion that by this legislation the Government seek to bind future Parliaments. Parliament cannot bind its successors. That is the fundamental principle, but it is expressed in the practice that any subsequent Parliament can legislate to amend or repeal existing legislation. That is how we work. The law stays the law until it is amended or repealed. These amendments seek to derogate from that principle. If a subsequent Parliament wishes to change this Act, it may do so. There is no attempt in the Act to entrench the legislation in any way.