Proceeding contribution from Lord Harper (Conservative) in the House of Commons on Wednesday, 1 December 2010. It occurred during Debate on bill and Committee of the Whole House (HC) on Fixed-term Parliaments Bill.
Fixed-term Parliaments Bill
I am grateful for those kind words from my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox). When Mr Hoyle was in the Chair last week, he made it clear that he did not intend to have a stand part debate on this clause as we will have touched on all parts of it when debating the amendments. Before I move on to considering the amendments, it is worth putting into context the parts of the clause about which Members are concerned. I think I am right in saying that the concerns expressed about privilege and about whether the courts should intervene have almost exclusively related to clause 2(2), which deals with motions of confidence. Interestingly, the Clerk of the House, in his evidence and in conversations with me, was not concerned about subsection (2), given that it uses a perfectly well-precedented certification procedure. His concern—I think I explain it accurately—was with subsection (1), which covers the certification of an early general election, rather than with the certification procedure in principle. His concern was with the nature of the procedure that had to take place before the Speaker certified. In other words, not only would the House have had to pass a motion on a Division, but a particular number of Members would have had to vote. Members expressed concern about motions of no confidence and the extent to which courts would want to interfere in them, but the Clerk of the House was exclusively concerned about clause 2(1), which deals with the House voting on a motion for an early general election, because of the two-thirds majority.
Secondary information
- Type
- Proceeding contribution
- Reference
- 519 c864
- Session
- 2010-12
- Chamber / Committee
- House of Commons chamber
- Subjects
- General elections Fixed-term parliaments Dissolution Prime Minister Powers Speaker Divisions Censure motions
- Legislation
- Fixed-term Parliaments Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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