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Proceeding contribution from Christopher Chope (Conservative) in the House of Commons on Tuesday, 25 May 2010. It occurred during Adjournment debate on Dissolution of Parliament.


Dissolution of Parliament

I have not gone into the detail of that, but I am sure the hon. Lady is correct. All of this brings me to chapter 24 of the coalition agreement, which states that the Government believe that it is necessary to make""changes to our political system to make it far more transparent and accountable."" The chapter continues:""We will establish five-year fixed-term Parliaments. We will put a binding motion before the House of Commons stating that the next general election will be held on the first Thursday of May 2015. Following this motion, we will legislate to make provision for fixed-term Parliaments of five years. This legislation will also provide for dissolution if 55% or more of the House votes in favour."" It is because of the various ambiguities in that passage that I thought it would be a good idea to explore these matters in this Adjournment debate. I have set out a number of questions to ask. I am sure that many others could be asked as well, but the following are the questions that immediately came to mind when I looked at the wording of chapter 24. What is meant by a "binding motion"? Surely any motion that is passed can later be amended or revoked by Members of this House? Will this binding motion also be put before the House of Lords; will it need to be approved by both Houses? Will the binding motion include reference to the proposed 55% threshold for Dissolution, or will that be dealt with later in the proposed primary legislation? Will the binding motion be brought before the House before the summer recess? It was stated in the original draft coalition agreement that this motion would be put""before the House of Commons in the first days following this agreement"," but those words are omitted from the final version. Does this indicate a welcome ingredient of consultation and opportunity for full debate inside and outside the House, in the context of our commitment to more transparency and accountability? I hope that the Deputy Leader of the House will be able to confirm that that is the correct interpretation to put upon that change of wording. Will the legislation that is promised in the coalition document to make provision for""fixed-term Parliaments of five years"" only apply to future Parliaments, or will it apply retrospectively to the Parliament elected on 6 May 2010? If it is going to be retrospective legislation, how can that be justified constitutionally? What is meant by the following statement in the coalition document:""This legislation will also provide for dissolution if 55 per cent or more of the House votes in favour"?" Does the 55% figure mean 55% of those voting on any motion, or 55% of those eligible to vote, or 55% of all MPs elected at the 2010 general election, including Sinn Fein Members and you yourself, Mr Speaker? What role, if any, will there be for the House of Lords in the legislation? Will Members other than the Government be able to move a motion for Dissolution? If so, what safeguards will there be to require the Speaker to give such a motion precedence over ordinary business? Those of us who have been in the House some time know that it is all very well having a motion on the Order Paper. Indeed, during the last Parliament, there were motions reflecting decisions taken across the House in important debates on future House business and our organisation of our affairs, yet the then Leader of the House refused to put those motions above the line on the Order Paper, thereby preventing Members of the House from voting on them, even though, collectively, we were in a majority. The hon. Member for Somerton and Frome and I were seething with frustration and anger about that, so I am sure he would not wish us to be in a similar situation under this new regime. Will there be constraints on the Government's tabling a motion for Dissolution? That point was raised in an intervention. I mentioned Germany, and an example of how something that on the face of it seems plausible could actually be cynically used for the self-interest of a coalition Government when they see that their opponents are in a particularly weak situation. In what circumstances will a Dissolution follow if the Government are defeated on a confidence motion by a bare majority? There has been a lot of debate about that outside, and perhaps some confusion and misunderstanding, which I hope can be cleared up this evening. Are there any circumstances in which a Government defeated on a confidence motion could remain in office? If they did not remain in office could an alternative minority Government be formed even if they did not enjoy the support of a majority of MPs on confidence and supply measures? What would prevent Parliament from repealing by a vote of 50% plus one legislation requiring a 55% threshold for Dissolution? I shall expand on some of those points in a minute, but I now turn to some fundamental procedural questions. Will the proposed legislation to establish a fixed-term Parliament and a 55% threshold for Dissolution be published first in draft, and be subject to pre-legislative scrutiny? When we were, collectively, in opposition, we were very much in favour of draft Bills and pre-legislative scrutiny. There could be no more critically important constitutional legislation than the proposals we are talking about this evening. Will the Government set up a special Joint Committee of both Houses to consider the matter, along the lines of the Joint Committee on the draft Constitutional Renewal Bill in the last Parliament? My right hon. Friend the Leader of the House—I am delighted to see him on the Treasury Bench—and I were privileged to serve on the Committee. It drew on expertise not only from this House but from the other place; for example, Lord Armstrong of Ilminster, who has recently written on the subject in The Times, gave some important evidence and his counsels were very well received. Such a Committee would be a sensible way forward. My next question is for my right hon. Friend the Leader of the House: will all these important and novel matters—which were not raised in the Conservative manifesto at the general election, when we said we were in favour of more free votes—be the subject of free votes for all Conservative Back Benchers? That would take quite a lot of heat out of the situation, because it would then be obvious that in order to win parliamentary support for these novel propositions, my right hon. Friends on the Front Bench would need to win not only the votes, but the arguments. A free vote would, I submit, be useful; indeed, it might be a good example of the new politics in action. To balance that out, I ask the Deputy Leader of the House why, when a fixed term of four years was proposed in the Liberal Democrat manifesto, we are now talking about a five-year fixed-term Parliament. Some of those questions and others were raised by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) in an article in one of the national newspapers, and in other media outlets. He has said that he is sad that he is not able to participate in this debate, but he has been kind enough to share with me the response that he received to a letter that he wrote to the Prime Minister. It might help the House if I quoted from it a little. Members will make their own judgment about whether it clarifies or obscures what we are talking about. It says:""I do take on board your concerns about our suggested proposal to require a 55 per cent majority to dissolve Parliament. Let me set out why I think this is an important, progressive and necessary step.""As we know from last week, the country wants strong and stable government."" I do not want to pour cold water on anything that my right hon. Friend the Prime Minister says, but I thought that in the general election campaign we were saying that the only way to deliver strong and stable government was for the Government to have an overall majority in Parliament. Indeed, I can remember distributing leaflets that were strongly against the threat of a hung Parliament, and which said that if we had a hung Parliament, there would be deals done behind closed doors; that nobody would know what was happening; that hon. Members of this House would be the last people to know what was going on; and that the country's economic crisis demanded strong and stable government, and that is why we needed a Conservative Government with a strong majority. I still believe that proposition, and that is what I was campaigning for. I disagree with the Prime Minister's interpretation of what the country wanted, because the country voted for a hung Parliament. The essence of a hung Parliament—this is important for those of us who have the privilege of being Members of this Parliament—is that it is not a strong Government, but a strong Parliament. A strong Parliament is one that can hold the Executive or the Government to account. It means that we can put pressure on the Government if we disagree with them, whether on relatively minor matters such as the details of Bills, or on slightly more important matters, such as those that we are discussing this evening. A strong Parliament and a strong Government are two separate propositions. My interpretation of the fact that we have a hung Parliament is that the people decided to have a strong Parliament. I am privileged to be a Member of this Parliament, and I hope that it will be known in due course as the strong Parliament, rather than be given the epithets that the previous Parliament was given.


Secondary information

Type
Proceeding contribution
Reference
510 c138-40 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
House of Commons Fixed-term parliaments Dissolution Parliament Standards Royal prerogative Divisions Censure motions
Link
View this Proceeding contribution on www.publications.parliament.uk