UK Parliament / Open data

Fixed-term Parliaments Bill

Proceeding contribution from Lord Pannick (Crossbench) in the House of Lords on Tuesday, 10 May 2011. It occurred during Debate on bills on Fixed-term Parliaments Bill.
My Lords, I am grateful to all noble Lords who have spoken in this interesting debate and for the support that has been expressed on all sides of the House. My answer to the noble and learned Lord, Lord Mackay of Clashfern, is that we are dealing with an exceptional Bill which is being brought forward by the coalition Government to deal with a particular short-term political problem. In the light of that, we should think very carefully before we embody on the statute book, as a permanent measure introducing permanent constitutional change, a measure which has at best a short-term political purpose. I respect the views expressed by the noble Lords, Lord Tyler and Lord Marks, and by the Minister. I respect their views because they and the Liberal Democrats strongly believe in fixed-term Parliaments as a matter of principle. However, their difficulty is that large numbers of noble Lords on the government Benches do not agree with fixed-term Parliaments as a matter of principle. They are rightly concerned about the constitutional implications of such a measure, as so eloquently expressed by the noble Lords, Lord Hamilton and Lord Cormack, in this debate. They are particularly concerned about this matter in the absence of any public consultation on this issue, in the absence of any pre-legislative scrutiny and given the lack of any evidential basis for the new constitutional principles we are about to enact. The inescapable reality is that the Government and large numbers of noble Lords on the government Benches are supporting the Bill not because they believe in the constitutional principle but because it is part of the coalition agreement, and it is part of the coalition agreement because of the political needs of this coalition Government to remain together for five years. I repeat: I do not deprecate that; it is a perfectly proper political position to adopt as a basis for legislation which applies to this Parliament. However, it is not an acceptable basis for general constitutional change, as the noble Lord, Lord Butler, has pointed out. The noble Lord, Lord Turnbull, asked whether under the amendments a future Parliament could approve a resolution at any time during that Parliament. The answer is yes, and the reason the amendment is so drafted is that it would be inappropriate to limit the events and the circumstances that may occur during a future Parliament. It is quite possible that a coalition Government might be formed part of the way through a future Parliament. The noble Lord, Lord Marks, and the Minister were concerned about the Parliament Act, but of course a future Parliament could at any time enact primary legislation on this subject. The Minister asked a fair question—all his questions were fair, of course, but he asked me to address this one in my reply—about how this will work in the future. My belief, my expectation, is that no future Government will want to apply the provisions in this Bill as they are unless there is another coalition Government with similar political demands to this one. I hope and expect that after the next general election, if there is a desire in principle for fixed-term Parliaments, the relevant responsible Government will bring forward new primary legislation that will be based upon proper consultation and pre-legislative scrutiny and in the light of experience.
Type
Proceeding contribution
Reference
727 c843-4 
Session
2010-12
Chamber / Committee
House of Lords chamber
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