My Lords, I support the noble Lord, Lord Butler of Brockwell. Your Lordships will not want to hear lengthy Second Reading speeches at this stage, but it needs to be understood that because this House and the other place have disagreed twice, the Government are obliged either to accept our amendments, lose the Bill, or produce a variation—what Erskine May describes as ““alternative proposals””. The procedure is designed to ensure that the Government and the Commons cannot simply ignore what we have decided. Your Lordships have heard what the Government have produced by way of alternative proposals: that there should be a committee which will not begin its consideration for another nine years. That is not so much kicking the issue into the long grass, the phrase used by the noble Lord, Lord Butler, as burying it in a time capsule. The authors of ““Yes Minister”” would have regarded it as lacking in credibility to suggest, even in a work of fiction, that a Minister should solve a problem by setting up a committee which would begin its work in nine years’ time.
The Minister suggested that there is some constitutional novelty in the provision approved by noble Lords, but many legislative provisions have attracted such a procedure: there is the need to consider each year whether to maintain the late and unlamented control order system; and Parliament requires that the Armed Forces Act be reconsidered every five years. The Minister suggested that the House should accept the views of the House of Commons and that we should go quietly into the night on this issue. He emphasised that we are a revising Chamber and that we cannot challenge the will of the elected House. But the relationship between this House and the other place depends on the other place and, indeed, the Government taking seriously the concerns we have expressed.
The response of the Government and the other place to our amendments is simply derisory, and it is intended to be so. The Commons and the Government are not listening to or engaging with your Lordships’ House, and I regret that. Just as the Government introduced this legislation without bothering to consult anyone or to adopt any pre-legislative scrutiny, they are now rejecting the views of this House without bothering to listen to and engage with us. We should ask the House of Commons to think again on this matter.
Fixed-term Parliaments Bill
Proceeding contribution from
Lord Pannick
(Crossbench)
in the House of Lords on Wednesday, 14 September 2011.
It occurred during Debate on bills on Fixed-term Parliaments Bill.
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Reference
730 c810-1 
Session
2010-12
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