If there is a fixed date for a general election, there are fewer options for the Government to manipulate the situation. That is a publicly known fact to everybody, so there is a level playing field. Indeed, over the last 20 years or so we have had a set of rules in this country that mean that in the six months before a general election, the Opposition are allowed special access to the civil service. If the Opposition do not even know when the general election will be, they never have that opportunity.
Time and again, the Government get to set the rules, and there is a significant party political advantage to being able to set the date of a general election. That is why Governments never wanted to change that. They did it in 2010 for 2015 only, because they wanted to solve a specific problem. My biggest anxiety is that, while we all love the fluidity of our constitution, the downside is that it becomes the plaything of the Government of the day who want to jig and rejig bits and pieces to benefit themselves and keep themselves in power.
One instance of the kind of behaviour a Government today might conceivably think of is to hold a general election immediately after the new boundaries come in, or immediately before the boundaries come in, for their own party political advantage because that is how they will have assessed that. Alternatively, they could decide that we will not have a full judicial review producing a report on the lessons learned from the covid pandemic until after the date of the next general election. The right hon. Member for New Forest East (Dr Lewis) is absolutely right that it could be after 2025—they could decide that it will not produce its result until 2027. My point is that even if a report is about to be produced, they could decide to have a general election.
The Minister herself gave evidence to our Joint Committee on the Fixed-term Parliaments Act saying that the public would punish nefarious activity of that kind. I am not convinced by that, because in a general election the public are making a whole series of decisions, and the simple matter of whether the general election should have been called is probably round about number No. 535 on the list of issues that are of concern to them. My simple point is that this is about having a level playing field. We insist on that for other countries and democracies. It is a fundamental principle of what constitutes a fair democracy.
I will deal with some specifics, if I may. First, five years is far too long for a Parliament. Over the past 200 years, they have tended to run for about four years, including when we had a seven-year term for Parliaments. It would make far more sense for us to have a four-year term—that would be more in keeping with the rest of the country. If the Bill passes Second Reading, I will table an amendment to curtail it to four years. We do not even say that it is five years at the moment—it is five years plus with the additional bits. The five years is not from the start of one Parliament to the start of the next Parliament; it is from the date of the Parliament’s first sitting until the general election.
The Government get to decide the date not only of a Parliament’s first sitting but of its first sitting to transact substantial and substantive business, which traditionally starts with the First Reading of the Outlawries Bill, followed by the Queen’s Speech. Even after the Queen’s Speech, it is for the Government to decide when we actually get into proper business and, during that period, whether there might or might not be a motion of no confidence. That means that after a general election, such as when Baldwin lost the general election, there had to be a motion of no confidence in the new Parliament, but that depended on the Government bringing Parliament to sit. We are almost unique in the world by not having any provisions in statute or our Standing Orders guaranteeing that the House will be able to transact business within a certain number of days, let alone set up Committees and all the rest.
I am very worried about snap elections, because often they mean that parties are not able to provide a duty of care towards potential candidates. I will mention only one, Jared O’Mara. If we had had a more sensible run- up to a general election, we would have served him better, because we would have gone through a proper process of selecting candidates. I could look at other instances across the last few years. As Chair of the Committee on Standards I am painfully aware that sometimes people become candidates without being prepared, briefed and given the support they need to enter into what can be a very difficult and painful place.
We have already seen that the Government have phenomenal powers over prorogation, and I simply do not understand why the House of Commons cannot have a vote beforehand. We would nearly always grant it, but if there were any jiggery-pokery, we might not. Government Members might say, “You are only doing that for a party political reason.” We could point to the Labour Government in the 1940s, who brought forward a special prorogation so that three Sessions of Parliament ran during one year, to meet the requirements of the Parliament Act 1911. Why does prorogation remain a simple act of the Executive? I think it is a mistake. Indeed, it would assist the Government simply to say that every time there is going to be a prorogation, just as there is before a recess, there will be a vote in the House of Commons.
I completely agree with the hon. Member for Hazel Grove, although when he is being sarcastic and ironic it is sometimes slightly difficult to determine which side of his own argument he is on. I think he was suggesting that the ouster clause may be a bit of an own goal. It sounds a bit like, “the lady doth protest too much”. It is as if we do not have confidence in the Bill of Rights.