Proceeding contribution from Lord Falconer of Thoroton (Labour) in the House of Lords on Tuesday, 29 March 2011. It occurred during Committee of the Whole House (HL) and Debate on bill on Fixed-term Parliaments Bill.
Fixed-term Parliaments Bill
Is that right, because the wording in the amendment is: "““passes a motion of no confidence tabled by the leader of Her Majesty’s Opposition””?" The noble Lord is obviously right, but what about the position in relation to the Egyptian Motions to which I referred, or the Motion in which Mr Attlee, lambasting the Conservative Government in 1952, did not use the words ““censure””, ““Motion”” or ““confidence”” once, yet regarded it as a Motion of no confidence? We already have a well understood definition of no confidence. The phrase is well known. What it means at any particular time depends on a consensus view that emerges from the Commons. The Commons understands when there is a Motion of no confidence. What it means is not something that is capable of being written down in a statute. I respect what the noble Lord, Lord Cormack, is trying to do in trying to define it, as it obviously is not working the other way. The Government’s problem is that they use the phrase ““a Motion of no confidence””, as if it is a single, static thing that can be defined at any moment. Is not the obvious difficulty that it is not a static thing? One moment something will be a Motion of no confidence and 10 years later it will not because political circumstances have changed. As a consequence of what the Government are seeking to do, they are in effect changing the basis and moving it on from a political judgment made by the House of Commons to a legalistic issue that has to be resolved by the Speaker of the House of Commons. That is a very fundamental change.
Secondary information
- Type
- Proceeding contribution
- Reference
- 726 c1208-9
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Courts General elections Government Judgements Fixed-term parliaments Dissolution National Assembly for Wales Parliament Scotland Wales Scottish Parliament Speaker Resignations Censure motions
- Legislation
- Fixed-term Parliaments Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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