UK Parliament / Open data

Repeal of the Fixed-term Parliaments Act 2011

I totally agree. The whole question of House of Lords reform was also being advanced for party political interests.

The hon. Member for Birmingham, Yardley asked who should have the power to dissolve Parliament? Should it be the Prime Minister? I put it to him that holding that power is part of the authority of being Prime Minister. As my hon. Friend the Member for Poole (Mr Syms) described it, part of the poisoned chalice of office is that the Prime Minister holds that power. By passing the Act, we have robbed the Prime Minister of part of that authority. We have robbed the Government of part of the authority of office that the Government live on a day-to-day basis, subject to the confidence of the House of Commons. That has been taken away and represents a fundamental change in our constitution.

The hon. Member for Nottingham North (Mr Allen) wants not only a written constitution and the continuation of fixed-term Parliaments, but the separation of powers.

Basically, he wants an American constitution rather than a British constitution, but let us look at the American constitution. First, it is paralysed. It cannot get its deficit down and it cannot elect a strong Government. It can elect a President, but the separation of powers means that Congress can defeat everything the President wants to do. I do not think that that is a very good recipe. We do not want to follow that. In any case, the separation of powers is based on a misapprehension of how constitutions work. There is, in fact, no such thing as a separation of powers in any constitution. That was what Montesquieu thought he understood about the British constitution. The need for a separation of powers was the lesson that the American founding fathers thought they had learned from him about the British constitution. However, in the American constitution the President, the Executive, vetoes legislation and appoints the judiciary, and the legislature conducts pre-appointment hearings on the senior people in the judiciary. There is always overlap between the functions of government, and ours is a system of parliamentary government in which the Executive can hold office only with the permission of Parliament.

The Act has fundamentally altered the balance of power in our constitution. English votes for English laws, which many of us, including Labour Members, want, would require only a minor adjustment to Standing Orders and the running of the House, yet people are saying, “Oh, we’ll have to have a constitutional convention.” The Act made a far greater change but without a constitutional convention or any consultation; there was absolutely no debate. It was not even explained to the Conservative parliamentary party before we agreed to the coalition. It only became apparent that there would be a Fixed-term Parliaments Bill when the coalition agreement was published. Well, we have all learned our lesson, and the Conservative party will not be forming a coalition in the next Parliament until we have seen the coalition agreement in draft, and we will want to go through it line by line to ensure that such sleights of hand are not repeated.

Type
Proceeding contribution
Reference
586 cc1098-9 
Session
2014-15
Chamber / Committee
House of Commons chamber
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