UK Parliament / Open data

Fixed-term Parliaments Bill

Proceeding contribution from Mark Harper (Conservative) in the House of Commons on Wednesday, 13 July 2011. It occurred during Debate on bills on Fixed-term Parliaments Bill.
I am grateful to you, Madam Deputy Speaker. Lords amendment 4 leaves out the ““earlier or”” provision. When we considered the Bill originally, it contained provisions for the Prime Minister to vary the date of an election, by moving it either forward or back by two months. In our debates in the Commons, many Members identified instances in which moving the date back would make sense, such as the outbreak of foot and mouth in 2001, but no one could think of any good reasons for moving an election to an earlier date. Similar points were made in the other place and amendments were tabled to remove the provision to move an election to an earlier date. We think that that is sensible. If there were a general consensus that we needed to hold an election at an earlier date, we could of course use the provisions in clause 2 and the House could vote to enable that to happen. The power to move an election forward therefore seems unnecessary, and Lords amendment 4 deals with that. Lords amendment 5 also deals with clause 1(5) of the Bill. The Lords Delegated Powers and Regulatory Reform Committee recommended that, when seeking to vary the date of an election under the power in clause 1(5), a Prime Minister should lay a statement before both Houses setting out the reasons for proposing the variance of the date. The Government accept that that recommendation would enhance the transparency of the exercise of that power, and the amendment would implement the Committee's recommendation. Lords amendment 6 is the most significant in the group. It was supported by the Government in the other place, and it was tabled following consultation with two former Speakers of this House: the noble Baroness Boothroyd and the noble Lord Martin of Springburn. It also had support from Labour Back Benchers and from Cross Benchers. It is significant because it substitutes an alternative version of clause 2, setting out the exact forms of motions of confidence and no confidence for the purposes of the Bill. The amendment retains the original architecture of the clause, and the two triggers for an early general election—namely, that the House may vote for an early Dissolution with the support of two thirds of all Members, and that a vote of no confidence may ultimately trigger and early general election. We had much debate of an important topic at an earlier stage of the Bill and earlier today when my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) suggested that what we were doing was changing the constitution. It is worth reminding the House that following a vote of no confidence in a Government, there is currently a dual convention—that the Prime Minister either resigns or calls a general election. That dual convention was set out in a recent book of Professor Vernon Bogdanor, who Members who have attended these debates will remember was my tutor. On many occasions, Professor Bogdanor has been quoted against me; he and I have not always agreed. In this particular case, I am pleased to be able to quote him in support of my arguments. In his book, Professor Bogdanor sets out the view that the no-confidence votes of January and October 1924 are examples of the dual convention, which is supported by the revised clause 2. He says:"““In the past, a no confidence vote would lead to a dissolution only if there was no viable alternative government within Parliament. Otherwise, the Prime Minister would resign, and the alternative government would take office.””" As we know, the vote of no confidence in the Baldwin Government of January 1924 led to the formation of the MacDonald Government without a fresh election taking place. In his book, Professor Bogdanor also cites what happened when the October 1924 no-confidence motion took place, stating:"““George V, before granting what would be the third dissolution in two years, inquired, through his Private Secretary, of the two opposition leaders, Baldwin and Asquith, whether they were prepared to form an alternative government. Only after receiving a negative answer and only when it was clear that no alternative government was available did George V agree to a dissolution””." Those events show the importance of allowing time to seek alternatives before resolving to call an election. That was the point that my hon. Friends the Members for Stone (Mr Cash) and for Aldridge-Brownhills were making in the debate on the earlier group of amendments. It explains why there was a 14-day period in the original clause 2 and why it is important that the same 14-day period remains in the newer clause 2.
Type
Proceeding contribution
Reference
531 c384-5 
Session
2010-12
Chamber / Committee
House of Commons chamber
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