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Moved by
Lord Wallace of Saltaire
2: Clause 2, page 1, line 9, at end insert “subject to subsection (1A).
(1A) The Prime Minister may not request Her Majesty to exercise Her prerogative to dissolve Parliament if Parliament has been prorogued, unless Parliament is first recalled and the House of Commons agrees that...
Moved by
Lord Wallace of Saltaire
2: Clause 2, page 1, line 9, at end insert “subject to subsection (1A).
(1A) The Prime Minister may not request Her Majesty to exercise Her prerogative to dissolve Parliament if Parliament has been prorogued, unless Parliament is first recalled and the House of Commons agrees that...
My Lords, quite a lot of what we will discuss this evening is how far we need to put into statute the sort of things the noble Lord, Lord Norton of Louth, has been thinking about, or whether a revised version of the Cabinet Manual would be sufficient to set...
My Lords, quite a lot of what we will discuss this evening is how far we need to put into statute the sort of things the noble Lord, Lord Norton of Louth, has been thinking about, or whether a revised version of the Cabinet Manual would be sufficient to set...
My Lords, the amendment in my name and those of the noble Baroness, Lady Smith of Basildon, and the noble Lords, Lord Newby and Lord Lansley, is about the constitutional location of power today and for the next 80 to 100 years. It is not about where, historically speaking, power...
My Lords, the amendment in my name and those of the noble Baroness, Lady Smith of Basildon, and the noble Lords, Lord Newby and Lord Lansley, is about the constitutional location of power today and for the next 80 to 100 years. It is not about where, historically speaking, power...
My Lords, I listened carefully to the noble Lord, Lord True, and he is right that this is an important Bill. I very much welcome the repeal of the Fixed-term Parliaments Act—I was never a fan and I am pleased to see it go.
I hesitate to disagree on any occasion...
My Lords, I listened carefully to the noble Lord, Lord True, and he is right that this is an important Bill. I very much welcome the repeal of the Fixed-term Parliaments Act—I was never a fan and I am pleased to see it go.
I hesitate to disagree on any occasion...
My Lords, I am very pleased to contribute to this debate. I signed Amendment 3 together with the noble and learned Lord, Lord Judge, and other noble Lords.
I do not come to this as a constitutional expert—far from it—but I think I bring to it two objectives. One is to...
My Lords, I am very pleased to contribute to this debate. I signed Amendment 3 together with the noble and learned Lord, Lord Judge, and other noble Lords.
I do not come to this as a constitutional expert—far from it—but I think I bring to it two objectives. One is to...
Perhaps I may ask my noble friend about a situation where there was a hung Parliament, where the Prime Minister had no majority—we have had that experience very recently—where a pandemic was taking place and where the Opposition did not co-operate in passing laws. Surely then it would be right...
Perhaps I may ask my noble friend about a situation where there was a hung Parliament, where the Prime Minister had no majority—we have had that experience very recently—where a pandemic was taking place and where the Opposition did not co-operate in passing laws. Surely then it would be right...
There are many circumstances in which crises can emerge. There are arguments that cut both ways. In the midst of a pandemic, does one want an election? In the midst of a war, does one want an election? We could go back to 1940 and say, “Surely, if the Prime...
There are many circumstances in which crises can emerge. There are arguments that cut both ways. In the midst of a pandemic, does one want an election? In the midst of a war, does one want an election? We could go back to 1940 and say, “Surely, if the Prime...
This is an issue which divided the Joint Committee. The view expressed by the noble and learned Lord, Lord Judge, was the view of a minority of the committee of which I was a member, whereas the majority did not want to go into this territory. We had a great...
This is an issue which divided the Joint Committee. The view expressed by the noble and learned Lord, Lord Judge, was the view of a minority of the committee of which I was a member, whereas the majority did not want to go into this territory. We had a great...
My Lords, I had added my name to Amendment 2 in the name of noble Lord, Lord Wallace of Saltaire, but unfortunately it has not made it on to the Marshalled List that I have. I hope that is not an expression of editorial disapproval.
I congratulate the noble Lord on...
My Lords, I had added my name to Amendment 2 in the name of noble Lord, Lord Wallace of Saltaire, but unfortunately it has not made it on to the Marshalled List that I have. I hope that is not an expression of editorial disapproval.
I congratulate the noble Lord on...
My Lords, I do not often agree with the noble Lord, Lord Wallace of Saltaire, as he knows, but I did agree with his closing remarks on Second Reading:
“We should never take democracy for granted: it needs to be defended.”—[Official Report, 30/11/21; col. 1332.]
I absolutely agree, which is why it...
My Lords, I do not often agree with the noble Lord, Lord Wallace of Saltaire, as he knows, but I did agree with his closing remarks on Second Reading:
“We should never take democracy for granted: it needs to be defended.”—[Official Report, 30/11/21; col. 1332.]
I absolutely agree, which is why it...
My Lords, I feel part of an endangered species: a Cross-Bencher who fully supports this government Bill. I would also like to go back to where we were before the ill-starred and ill-judged Fixed-term Parliaments Act.
I am against giving the Commons a veto, as proposed in Amendment 3 by my...
My Lords, I feel part of an endangered species: a Cross-Bencher who fully supports this government Bill. I would also like to go back to where we were before the ill-starred and ill-judged Fixed-term Parliaments Act.
I am against giving the Commons a veto, as proposed in Amendment 3 by my...
My Lords, before I comment specifically on the amendment in the name of the noble and learned Lord, Lord Judge, I think that both the noble Baroness, Lady Noakes, and the noble and learned Lord, Lord Brown, have misread what happened in 2019. What happened then would have happened had...
My Lords, before I comment specifically on the amendment in the name of the noble and learned Lord, Lord Judge, I think that both the noble Baroness, Lady Noakes, and the noble and learned Lord, Lord Brown, have misread what happened in 2019. What happened then would have happened had...
My Lords, like everybody else who has spoken in the Committee so far today, I share the objective of returning to the status quo ante and repealing the Fixed-term Parliaments Act. But as some noble Lords who heard me speak on Second Reading may know, I do so for different...
My Lords, like everybody else who has spoken in the Committee so far today, I share the objective of returning to the status quo ante and repealing the Fixed-term Parliaments Act. But as some noble Lords who heard me speak on Second Reading may know, I do so for different...
My Lords, I put my name to this amendment for the reasons given by the noble and learned Lord, Lord Judge, and the noble Lord, Lord Lansley. Like the noble Lord, Lord Grocott, I have been searching for credible arguments against it. I was therefore very grateful that the Minister...
My Lords, I put my name to this amendment for the reasons given by the noble and learned Lord, Lord Judge, and the noble Lord, Lord Lansley. Like the noble Lord, Lord Grocott, I have been searching for credible arguments against it. I was therefore very grateful that the Minister...
My Lords, I am very puzzled by this debate. There have been words used such as “inappropriate”, “exceptional” and “misuse of power” to suggest that the Prime Minister of the day, when he or she asks the electorate to choose the Government, and where he puts his or her own...
My Lords, I am very puzzled by this debate. There have been words used such as “inappropriate”, “exceptional” and “misuse of power” to suggest that the Prime Minister of the day, when he or she asks the electorate to choose the Government, and where he puts his or her own...
I am glad to assist, but I would like to ask the noble Lord a question. I have already explained how a Prime Minister who wanted an election could get one, so the power remains with the Prime Minister.
7.30 pm
I am glad to assist, but I would like to ask the noble Lord a question. I have already explained how a Prime Minister who wanted an election could get one, so the power remains with the Prime Minister.
7.30 pm
The noble Lord is masked.
The noble Lord is masked.
I am sorry. God, I will be glad when we get rid of those for good.
The noble Lord, Lord Sherbourne, said that, somehow or other, there is a suggestion that the argument on this side or around the House is that a Prime Minister calling for a general election is...
I am sorry. God, I will be glad when we get rid of those for good.
The noble Lord, Lord Sherbourne, said that, somehow or other, there is a suggestion that the argument on this side or around the House is that a Prime Minister calling for a general election is...
I am very pleased that the noble Lord asked that question, because the debates this evening have said that we do not think the monarch could conceivably refuse a request for a Dissolution, as the noble Lord has already said. Other speakers have said that the House of Commons would...
I am very pleased that the noble Lord asked that question, because the debates this evening have said that we do not think the monarch could conceivably refuse a request for a Dissolution, as the noble Lord has already said. Other speakers have said that the House of Commons would...
I shall seek to answer the noble Lord’s question. I go back to February 1974. Imagine that Harold Wilson had said, “I’ve become the Prime Minister. I don’t have a majority. Mine is the largest party. I want to rerun the election straightaway.” Add into that mix—which was not the...
I shall seek to answer the noble Lord’s question. I go back to February 1974. Imagine that Harold Wilson had said, “I’ve become the Prime Minister. I don’t have a majority. Mine is the largest party. I want to rerun the election straightaway.” Add into that mix—which was not the...
I just think that if you gave the House of Commons the opportunity to veto it, and the Government of the day simply could not get on with their business, which is what would probably happen, then we would have a problem. I come back to the point I made...
I just think that if you gave the House of Commons the opportunity to veto it, and the Government of the day simply could not get on with their business, which is what would probably happen, then we would have a problem. I come back to the point I made...
My Lords, the noble Lord asked for an example of where a Prime Minister might illegitimately ask for a general election. I will give an example not a million miles away from our present circumstances. Let us suppose that 54 Conservative Members of Parliament expressed no confidence in the present...
My Lords, the noble Lord asked for an example of where a Prime Minister might illegitimately ask for a general election. I will give an example not a million miles away from our present circumstances. Let us suppose that 54 Conservative Members of Parliament expressed no confidence in the present...
My Lords, I have a very vivid recollection of Harold Wilson’s problem when he was elected with less than a parliamentary majority. As noble Lords will know, he had a second election in that year. At that time, I was the Sheriff Principal of Renfrew and Argyll, and therefore I...
My Lords, I have a very vivid recollection of Harold Wilson’s problem when he was elected with less than a parliamentary majority. As noble Lords will know, he had a second election in that year. At that time, I was the Sheriff Principal of Renfrew and Argyll, and therefore I...
My Lords, I thank all those who have spoken in what has rightly been a lengthy debate. Perhaps my concluding marks too will be lengthy; I trust not. I am grateful to all noble Lords who have taken part. Your Lordships will divine that some of those who have spoken...
My Lords, I thank all those who have spoken in what has rightly been a lengthy debate. Perhaps my concluding marks too will be lengthy; I trust not. I am grateful to all noble Lords who have taken part. Your Lordships will divine that some of those who have spoken...
My Lord, if the Minister is going down the path of history, can he please address the specific point? On three occasions, the Prime Minister in—I agree with him—that dreadful Parliament, obtained a majority for a general election. That is not a theoretical speculation—it is fact.
My Lord, if the Minister is going down the path of history, can he please address the specific point? On three occasions, the Prime Minister in—I agree with him—that dreadful Parliament, obtained a majority for a general election. That is not a theoretical speculation—it is fact.
My Lords, I am coming on to that, as I just said to the House I would. You can look at those circumstances in different ways, I would submit. Perhaps I will deal with that and then go on to the other point.
The Government had effectively lost the confidence of...
My Lords, I am coming on to that, as I just said to the House I would. You can look at those circumstances in different ways, I would submit. Perhaps I will deal with that and then go on to the other point.
The Government had effectively lost the confidence of...
My noble friend must address the point. The point is that if the requirement were not what the Fixed-term Parliaments Act required but a simple majority on a Motion in the House of Commons, the Prime Minister back in October 2019 would have secured a simple majority and got his...
My noble friend must address the point. The point is that if the requirement were not what the Fixed-term Parliaments Act required but a simple majority on a Motion in the House of Commons, the Prime Minister back in October 2019 would have secured a simple majority and got his...
My Lords, there is a conditional in that: a “would”. I believe that people must be presumed to intend the consequences of their own actions, and the consequence of Mr Corbyn’s actions was to thwart a general election three times. The figures I have given to the House are there...
My Lords, there is a conditional in that: a “would”. I believe that people must be presumed to intend the consequences of their own actions, and the consequence of Mr Corbyn’s actions was to thwart a general election three times. The figures I have given to the House are there...
My Lords, I briefly point out that the definition of “Prorogation” that the Minister has just given does not cover the meaning of what the Prime Minister did in 2019. He might perhaps like to reconsider that definition if he wants to argue that the Prime Minister was behaving within...
My Lords, I briefly point out that the definition of “Prorogation” that the Minister has just given does not cover the meaning of what the Prime Minister did in 2019. He might perhaps like to reconsider that definition if he wants to argue that the Prime Minister was behaving within...
Tabled by
Lord Judge
3: Clause 2, page 1, line 9, at end insert—
“(1A) The powers referred to in subsection (1) must not be exercised unless the House of Commons passes a motion in the form set out in subsection (1B).
(1B) The form of motion for the purposes of subsection (1A) is...
Tabled by
Lord Judge
3: Clause 2, page 1, line 9, at end insert—
“(1A) The powers referred to in subsection (1) must not be exercised unless the House of Commons passes a motion in the form set out in subsection (1B).
(1B) The form of motion for the purposes of subsection (1A) is...
My Lords, it is rather fun to be clothed in the costume of a revolutionary who is about to tear down the constitution. I do not think anyone has ever thought of me in those terms, and my family will be absolutely fascinated by it.
I have found this an interesting...
My Lords, it is rather fun to be clothed in the costume of a revolutionary who is about to tear down the constitution. I do not think anyone has ever thought of me in those terms, and my family will be absolutely fascinated by it.
I have found this an interesting...
Moved by
Lord Norton of Louth
4: Clause 3, page 1, line 17, leave out “or purported exercise”
Member’s explanatory statement
This amendment ensures that the ouster provision in clause 3 will not apply to the purported exercise of the powers to dissolve Parliament contained in clause 2.
Moved by
Lord Norton of Louth
4: Clause 3, page 1, line 17, leave out “or purported exercise”
Member’s explanatory statement
This amendment ensures that the ouster provision in clause 3 will not apply to the purported exercise of the powers to dissolve Parliament contained in clause 2.
My Lords, I shall also speak to my other two amendments in this group. The amendments would ensure that the ouster provisions in the clause did not apply to the purported exercise of the powers to dissolve Parliament contained in Clause 2. There are two principal arguments that I wish...
My Lords, I shall also speak to my other two amendments in this group. The amendments would ensure that the ouster provisions in the clause did not apply to the purported exercise of the powers to dissolve Parliament contained in Clause 2. There are two principal arguments that I wish...
My Lords, I added my name to the amendments in the name of the noble Lord, Lord Norton of Louth, and to join the noble Lord, Lord Butler of Brockwell, in seeking to remove Clause 3 from the Bill. I agree with what the noble Lord, Lord Norton, said in...
My Lords, I added my name to the amendments in the name of the noble Lord, Lord Norton of Louth, and to join the noble Lord, Lord Butler of Brockwell, in seeking to remove Clause 3 from the Bill. I agree with what the noble Lord, Lord Norton, said in...
My Lords, the Committee has shown in the debate on this Bill so far that there is common ground that this Bill should provide clarity. The use of “purported” in Clause 3 seems to be a deliberate choice by the Government and the parliamentary draftsmen. It is not a word...
My Lords, the Committee has shown in the debate on this Bill so far that there is common ground that this Bill should provide clarity. The use of “purported” in Clause 3 seems to be a deliberate choice by the Government and the parliamentary draftsmen. It is not a word...
My Lords, I shall disagree with the noble Lord who has just spoken by opposing the inclusion of Clause 3 in the Bill, but first I thank the noble Lords, Lord True and Lord Wolfson, for extending to me the courtesy of a virtual discussion on this. They failed to...
My Lords, I shall disagree with the noble Lord who has just spoken by opposing the inclusion of Clause 3 in the Bill, but first I thank the noble Lords, Lord True and Lord Wolfson, for extending to me the courtesy of a virtual discussion on this. They failed to...
My Lords, with a Supreme Court judge, the chairman of the most recent inquiry into the workings of judicial review—he did an extremely good piece of work on that—and a former Cabinet Secretary presenting views that differ in more than nuanced ways, the House will have to resolve this issue....
My Lords, with a Supreme Court judge, the chairman of the most recent inquiry into the workings of judicial review—he did an extremely good piece of work on that—and a former Cabinet Secretary presenting views that differ in more than nuanced ways, the House will have to resolve this issue....
My Lords, my core concern regarding this group of amendments is for the future generation of judges—not just in the Supreme Court, but judges who, I suggest, must inevitably be troubled at first instance and so forth before things get to the Supreme Court—if there is there is the slightest...
My Lords, my core concern regarding this group of amendments is for the future generation of judges—not just in the Supreme Court, but judges who, I suggest, must inevitably be troubled at first instance and so forth before things get to the Supreme Court—if there is there is the slightest...
My Lords, I will speak only on Clause 3 stand part and not on the more detailed amendments, because I am sure that my noble friend the Minister will reply in his careful way about how the wording was arrived at and what it is intended to do, as he...
My Lords, I will speak only on Clause 3 stand part and not on the more detailed amendments, because I am sure that my noble friend the Minister will reply in his careful way about how the wording was arrived at and what it is intended to do, as he...
The noble Baroness and I agree that the circumstances in which this situation arises are unthinkable, so why should we have the dangerous precedent of this ouster clause in the Bill?
The noble Baroness and I agree that the circumstances in which this situation arises are unthinkable, so why should we have the dangerous precedent of this ouster clause in the Bill?
We have it because it is just possible that the courts could find a way in. We have seen them getting involved in areas that we never thought they would get involved in before. That is a fact of the way the judiciary has moved in recent years, and it...
We have it because it is just possible that the courts could find a way in. We have seen them getting involved in areas that we never thought they would get involved in before. That is a fact of the way the judiciary has moved in recent years, and it...
My Lords, if we are talking about our tried and tested constitution, we should remember that in the 17th century it was Chief Justice Coke and his defence of the rule of law against the extent of the royal prerogative which led to the development of some of the ideas...
My Lords, if we are talking about our tried and tested constitution, we should remember that in the 17th century it was Chief Justice Coke and his defence of the rule of law against the extent of the royal prerogative which led to the development of some of the ideas...
The noble Lord says that the clause does not restore the status quo. Does it follow that, in his view, the power to dissolve would have been justiciable at common law by virtue of the conventions?
The noble Lord says that the clause does not restore the status quo. Does it follow that, in his view, the power to dissolve would have been justiciable at common law by virtue of the conventions?
I find it hard to imagine a situation in which the power of Dissolution would be used in the way that the power of Prorogation was used in 2019, so I do not think it likely that the case would arise. That is my instant opinion.
The radical dimension of this...
I find it hard to imagine a situation in which the power of Dissolution would be used in the way that the power of Prorogation was used in 2019, so I do not think it likely that the case would arise. That is my instant opinion.
The radical dimension of this...
My Lords, I would like to think that the Minister will find this argument conclusive. If he had accepted the amendment on Clause 2 that so many noble Lords thought was valuable—to have parliamentary resolution for a general election—we would not have needed this debate on the ouster clause and...
My Lords, I would like to think that the Minister will find this argument conclusive. If he had accepted the amendment on Clause 2 that so many noble Lords thought was valuable—to have parliamentary resolution for a general election—we would not have needed this debate on the ouster clause and...
My Lords, I have been listening to this debate and it has been extremely interesting. I will not detain the House because it is late, but what I find interesting—I am talking more generally about Clause 3, although I fully accept some of the points made about the wording and...
My Lords, I have been listening to this debate and it has been extremely interesting. I will not detain the House because it is late, but what I find interesting—I am talking more generally about Clause 3, although I fully accept some of the points made about the wording and...
My Lords, I will certainly seek to do so. I do not wish to pre-empt the Committee in any way. We obviously have other groups to come to. I anticipate that the debates on those will not be quite so lengthy but, given the importance of this amendment, I hope...
My Lords, I will certainly seek to do so. I do not wish to pre-empt the Committee in any way. We obviously have other groups to come to. I anticipate that the debates on those will not be quite so lengthy but, given the importance of this amendment, I hope...
My Lords, as noble Lords know, I am a lay man. I have read out the legal advice that I have been given that it should not fall to the courts to assess by reference to whether relevant considerations have been taken into account or irrelevant ones have been discounted....
My Lords, as noble Lords know, I am a lay man. I have read out the legal advice that I have been given that it should not fall to the courts to assess by reference to whether relevant considerations have been taken into account or irrelevant ones have been discounted....
My Lords, I seek to put into the record the points put to me by those who argue and maintain that this is necessary.
I will further address the specific question of bad faith that was raised. This touches on another area around “purported”. Bad faith was mentioned by Lord Reid...
My Lords, I seek to put into the record the points put to me by those who argue and maintain that this is necessary.
I will further address the specific question of bad faith that was raised. This touches on another area around “purported”. Bad faith was mentioned by Lord Reid...
I want to clarify something. Clearly, one reason to include the word “purported” is to deal with the annulling of decisions that have begun to be put into effect. But the Minister referred earlier to the importance of protecting the political space for the particular decision involved in this legislation:...
I want to clarify something. Clearly, one reason to include the word “purported” is to deal with the annulling of decisions that have begun to be put into effect. But the Minister referred earlier to the importance of protecting the political space for the particular decision involved in this legislation:...
I heard what the noble and learned Lord, Lord Hope, and the noble Lord, Lord Beith, said and I was going to, and will, come on to this point. I am trying to put a considered position on the record for the benefit of the House between Committee and Report.
By...
I heard what the noble and learned Lord, Lord Hope, and the noble Lord, Lord Beith, said and I was going to, and will, come on to this point. I am trying to put a considered position on the record for the benefit of the House between Committee and Report.
By...
This may be an observation intended to help the Minister. Since the Bill was drafted, the Judicial Review and Courts Bill has been introduced. It contains an ouster clause, but one that is qualified as opposed to absolute, so the argument that this is being used as some form of...
This may be an observation intended to help the Minister. Since the Bill was drafted, the Judicial Review and Courts Bill has been introduced. It contains an ouster clause, but one that is qualified as opposed to absolute, so the argument that this is being used as some form of...
I will come to that particular piece of legislation—definitely—since it has been raised. To complete what I was saying, the prerogative power to dissolve Parliament is the ultimate expression of humility on the part of the Executive, placing its future and power into the hands of the people. We therefore...
I will come to that particular piece of legislation—definitely—since it has been raised. To complete what I was saying, the prerogative power to dissolve Parliament is the ultimate expression of humility on the part of the Executive, placing its future and power into the hands of the people. We therefore...
My Lords, I very much agree with the noble Lord, Lord Beith, that it has been a very good debate in light of the quality of the contributions that we have heard. I think it demonstrates the value of this House in being able to hear and rehearse these arguments.
I...
My Lords, I very much agree with the noble Lord, Lord Beith, that it has been a very good debate in light of the quality of the contributions that we have heard. I think it demonstrates the value of this House in being able to hear and rehearse these arguments.
I...
Moved by
Lord Wallace of Saltaire
7: Clause 4, page 2, line 2, leave out “If it has not been dissolved earlier,”
Member’s explanatory statement
This is a probing amendment aimed at debating the expectation of how long a Parliament should be in normal circumstances.
Moved by
Lord Wallace of Saltaire
7: Clause 4, page 2, line 2, leave out “If it has not been dissolved earlier,”
Member’s explanatory statement
This is a probing amendment aimed at debating the expectation of how long a Parliament should be in normal circumstances.
My Lords, before I speak to Amendments 7 and 9, I want to say one or two things about the conditions for Report. Here we are, late at night. We have just listened to the Minister make what I think is the longest speech I have ever heard to sum...
My Lords, before I speak to Amendments 7 and 9, I want to say one or two things about the conditions for Report. Here we are, late at night. We have just listened to the Minister make what I think is the longest speech I have ever heard to sum...
My Lords, I have found the debate fascinating today. I thank the Minister for the detailed responses he has given. I have not changed my mind on any of the issues, and I very much support the noble Lords, Lord Norton and Lord Butler, and my noble friend Lord Grocott...
My Lords, I have found the debate fascinating today. I thank the Minister for the detailed responses he has given. I have not changed my mind on any of the issues, and I very much support the noble Lords, Lord Norton and Lord Butler, and my noble friend Lord Grocott...
My Lords, I very much enjoyed the speech of my noble friend, for whom—I hope he will allow me to say—I have a great deal of affection. I am very interested in the list that he has and will use again; there is great merit in much of it.
I remember...
My Lords, I very much enjoyed the speech of my noble friend, for whom—I hope he will allow me to say—I have a great deal of affection. I am very interested in the list that he has and will use again; there is great merit in much of it.
I remember...
I thank noble Lords; I am very grateful to the noble Lords, Lord Wallace of Saltaire and Lord Rooker, for tabling these amendments, which have initiated what has been an interesting short debate, if not necessarily always on the amendments. In 1974, I remember pushing a pushchair and delivering literature,...
I thank noble Lords; I am very grateful to the noble Lords, Lord Wallace of Saltaire and Lord Rooker, for tabling these amendments, which have initiated what has been an interesting short debate, if not necessarily always on the amendments. In 1974, I remember pushing a pushchair and delivering literature,...
I beg leave to withdraw the amendment, noting that we may return on at least one of these amendments on Report. That remains to be discussed.
I beg leave to withdraw the amendment, noting that we may return on at least one of these amendments on Report. That remains to be discussed.
Moved by
Lord Wallace of Saltaire
10: Clause 6, page 2, line 13, leave out subsection (3) and insert—
“(3) This Act comes into force when a revised Dissolution Principles document has been laid before Parliament and—
(a) the revised Dissolution Principles document has been approved by a resolution of the House of Commons;...
Moved by
Lord Wallace of Saltaire
10: Clause 6, page 2, line 13, leave out subsection (3) and insert—
“(3) This Act comes into force when a revised Dissolution Principles document has been laid before Parliament and—
(a) the revised Dissolution Principles document has been approved by a resolution of the House of Commons;...
My Lords, the purpose of the two amendments in this group is to draw attention to recommendations made in the Joint Committee report and in a number of other parliamentary reports to which the Government have responded weakly and inadequately.
Paragraph 15 of the Joint Committee report states:
“The move to reduce...
My Lords, the purpose of the two amendments in this group is to draw attention to recommendations made in the Joint Committee report and in a number of other parliamentary reports to which the Government have responded weakly and inadequately.
Paragraph 15 of the Joint Committee report states:
“The move to reduce...
My Lords, I very much agree with the noble Lord about the need for a revision of the Cabinet Manual. It is long overdue. I see the point of his amendment is to try to spur that, so I put on record the importance of bringing it up to date...
My Lords, I very much agree with the noble Lord about the need for a revision of the Cabinet Manual. It is long overdue. I see the point of his amendment is to try to spur that, so I put on record the importance of bringing it up to date...
My Lords, I agree with the noble Lord, Lord Norton, that it does not have to be agreed by Parliament, but the Cabinet Manual is a really interesting document. I remember when it came out; other noble Lords might remember it as well. I believe it was triggered and inspired...
My Lords, I agree with the noble Lord, Lord Norton, that it does not have to be agreed by Parliament, but the Cabinet Manual is a really interesting document. I remember when it came out; other noble Lords might remember it as well. I believe it was triggered and inspired...
I just want to say how much I enjoyed my noble friend’s speech. I very much agree with his points and those of the noble Lord, Lord Norton of Louth. The Cabinet Manual is an important document. It is a government document, not a parliamentary one, but we need to...
I just want to say how much I enjoyed my noble friend’s speech. I very much agree with his points and those of the noble Lord, Lord Norton of Louth. The Cabinet Manual is an important document. It is a government document, not a parliamentary one, but we need to...
My Lords, the noble Lord, Lord Wallace, has frequently looked forward to that fabled day when the Liberal Democrats will again have, as he sees it, a balance of power in government. Perhaps a manual could be published on what would be the likely behaviour of the Liberal Democrats in...
My Lords, the noble Lord, Lord Wallace, has frequently looked forward to that fabled day when the Liberal Democrats will again have, as he sees it, a balance of power in government. Perhaps a manual could be published on what would be the likely behaviour of the Liberal Democrats in...
My Lords, the question really is: where are these documents and when are they going to be published? There were some very critical comments from various committees of both Houses, including the Joint Committee, about the lack of quality in what is currently provided in the Dissolution Principles and about...
My Lords, the question really is: where are these documents and when are they going to be published? There were some very critical comments from various committees of both Houses, including the Joint Committee, about the lack of quality in what is currently provided in the Dissolution Principles and about...
Lords committee stage. Clauses 1 to 6 agreed to. Schedule agreed to. Bill reported without amendment.
Lords committee stage. Clauses 1 to 6 agreed to. Schedule agreed to. Bill reported without amendment.
My Lords, I thank the Minister for his contribution and his endurance in getting through it—I have some cough sweets if they would be any use to him. I know how he feels; I once took a Bill through Committee while recovering from flu, with a lot of Lucozade under...
My Lords, I thank the Minister for his contribution and his endurance in getting through it—I have some cough sweets if they would be any use to him. I know how he feels; I once took a Bill through Committee while recovering from flu, with a lot of Lucozade under...
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will carry out an assessment of how the (a) Elections Bill and (b) the Dissolution and Calling of Parliament Bill align with the themes and goals of the Summit for Democracy being hosted by the President...
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will carry out an assessment of how the (a) Elections Bill and (b) the Dissolution and Calling of Parliament Bill align with the themes and goals of the Summit for Democracy being hosted by the President...
The Elections Bill delivers against the Government’s manifesto commitment to protect our democracy and ensure that it remains secure, fair, modern, and transparent.
The Dissolution and Calling of Parliament Bill seeks to return to tried-and-tested constitutional arrangements, which affirm the central role of the electorate. By repealing the Fixed-term Parliaments Act we will increase legal, constitutional and political certainty around the process for the dissolution of Parliament and the calling of a new Parliament, and reinforce public confidence in our democratic system.
The measures in these Bills, alongside wider work across government, support the core Summit for Democracy themes of strengthening democracy and defending against authoritarianism; fighting corruption; and promoting respect for human rights.
Lords second reading. Agreed to on question. Committed to a Committee of the Whole House.
Lords second reading. Agreed to on question. Committed to a Committee of the Whole House.
My Lords, if any noble Lords are concerned by the state of my voice, I should say that I have recently had a negative Covid test, but I have just had that cold which your Lordships will know all about. I would like to say how much I am looking...
My Lords, if any noble Lords are concerned by the state of my voice, I should say that I have recently had a negative Covid test, but I have just had that cold which your Lordships will know all about. I would like to say how much I am looking...
Before the Minister leaves Clause 3 —I am not a lawyer—will he explain the use of the word “purported” in two of the items? He has spent a lot of time on Clause 3, so I presume he is briefed on this to explain why “purported exercise” is also covered.
Before the Minister leaves Clause 3 —I am not a lawyer—will he explain the use of the word “purported” in two of the items? He has spent a lot of time on Clause 3, so I presume he is briefed on this to explain why “purported exercise” is also covered.
My Lords, I always seek to be brief, but one always aspires to be better briefed in your Lordships’ House. I anticipate that this will be the subject of some discussion in Committee, and I wanted to make some progress in this speech, but to answer the noble Lord, which...
My Lords, I always seek to be brief, but one always aspires to be better briefed in your Lordships’ House. I anticipate that this will be the subject of some discussion in Committee, and I wanted to make some progress in this speech, but to answer the noble Lord, which...
My Lords, I too offer my sympathies to the Minister for having to take forward this Bill under the duress of a heavy cold. I hope that my comments will not add too much to his coughing and spluttering.
This is an exceptionally short Bill but still a very significant one....
My Lords, I too offer my sympathies to the Minister for having to take forward this Bill under the duress of a heavy cold. I hope that my comments will not add too much to his coughing and spluttering.
This is an exceptionally short Bill but still a very significant one....
I am most grateful. What was the massive advantage in 2017?
I am most grateful. What was the massive advantage in 2017?
My Lords, the massive advantage was perceived in the mind of the Prime Minister. The massive disadvantage was her judgment, not that she
did not have the opportunity to exercise that judgment. We think the exercise of that judgment, on what was by any accounts if not a whim then...
My Lords, the massive advantage was perceived in the mind of the Prime Minister. The massive disadvantage was her judgment, not that she
did not have the opportunity to exercise that judgment. We think the exercise of that judgment, on what was by any accounts if not a whim then...
My Lords, I support the Bill. While it appears that no one really wants to keep the Fixed-term Parliaments Act, there are obviously differing views about what should replace it. There seem to me to be three basic suggestions: first, that the Commons should have a vote; secondly, that the...
My Lords, I support the Bill. While it appears that no one really wants to keep the Fixed-term Parliaments Act, there are obviously differing views about what should replace it. There seem to me to be three basic suggestions: first, that the Commons should have a vote; secondly, that the...
My Lords, the House might allow me to mention that, in June 2014, a Labour Back-Bencher introduced the Fixed-term Parliaments Act 2011 (Repeal) Bill. I happen to have a copy of it with me here. Modesty prevents me mentioning the name of the person who introduced the Bill, but it...
My Lords, the House might allow me to mention that, in June 2014, a Labour Back-Bencher introduced the Fixed-term Parliaments Act 2011 (Repeal) Bill. I happen to have a copy of it with me here. Modesty prevents me mentioning the name of the person who introduced the Bill, but it...
My Lords, that must have been a very satisfying speech for the noble Lord, Lord Grocott, to make—I can see that he enjoyed it. It might have been shorter if he had simply stood up and said, “I told you so.”
I support the support the Bill as well. Our lives...
My Lords, that must have been a very satisfying speech for the noble Lord, Lord Grocott, to make—I can see that he enjoyed it. It might have been shorter if he had simply stood up and said, “I told you so.”
I support the support the Bill as well. Our lives...
My Lords, it is no surprise that the noble Lord supports the Bill even though he had to offer an explanation for having supported the Fixed-term Parliaments Act in the first place. I am a supporter of the principle of fixed-term parliaments, but I served on the Joint Committee on...
My Lords, it is no surprise that the noble Lord supports the Bill even though he had to offer an explanation for having supported the Fixed-term Parliaments Act in the first place. I am a supporter of the principle of fixed-term parliaments, but I served on the Joint Committee on...
My Lords, I regret that I am going to share the self-satisfaction of the noble Lord, Lord Grocott. I believed from the outset that the 2011 Bill was misconceived. Partly through the not inconsiderable intervention of my noble friend Lord Pannick, who regrets that he cannot be here today, your...
My Lords, I regret that I am going to share the self-satisfaction of the noble Lord, Lord Grocott. I believed from the outset that the 2011 Bill was misconceived. Partly through the not inconsiderable intervention of my noble friend Lord Pannick, who regrets that he cannot be here today, your...
My Lords, some speeches come more easily than others and following my noble friend Lord Leicester’s maiden speech, I feel I have only one principal task and that is to congratulate him on his excellent first speech to this House and tell him how welcome he is here. Not even...
My Lords, some speeches come more easily than others and following my noble friend Lord Leicester’s maiden speech, I feel I have only one principal task and that is to congratulate him on his excellent first speech to this House and tell him how welcome he is here. Not even...
My Lords, I congratulate the noble Earl, Lord Leicester, on his excellent speech and welcome him to the House. I look forward to his insights on many worldly matters.
I am not a constitutional expert or a lawyer; nor am I a seasoned parliamentarian, as many others on the speakers’ list...
My Lords, I congratulate the noble Earl, Lord Leicester, on his excellent speech and welcome him to the House. I look forward to his insights on many worldly matters.
I am not a constitutional expert or a lawyer; nor am I a seasoned parliamentarian, as many others on the speakers’ list...
My Lords, the Bill gives more power to Boris Johnson and less to Parliament. It is therefore in my view a Bill that Parliament should oppose, and I remain surprised that it has so much support from the Labour Benches. When Labour left government in 2010, the Labour Party manifesto...
My Lords, the Bill gives more power to Boris Johnson and less to Parliament. It is therefore in my view a Bill that Parliament should oppose, and I remain surprised that it has so much support from the Labour Benches. When Labour left government in 2010, the Labour Party manifesto...
My Lords, I will concentrate my remarks on Clause 3, the so-called ouster provisions. The clause is deceptively short and simple. There are three provisions here, as the Minister explained, and they had the support of the majority of the Joint Committee on the Fixed-term Parliaments Act, to which reference...
My Lords, I will concentrate my remarks on Clause 3, the so-called ouster provisions. The clause is deceptively short and simple. There are three provisions here, as the Minister explained, and they had the support of the majority of the Joint Committee on the Fixed-term Parliaments Act, to which reference...
My Lords, as we have heard, the Bill is designed to repeal the Fixed-term Parliaments Act and put the constitutional position back to what it was before September 2011. The Fixed- term Parliaments Act was, as we have heard, designed as a short-term political fix but with significant constitutional consequences....
My Lords, as we have heard, the Bill is designed to repeal the Fixed-term Parliaments Act and put the constitutional position back to what it was before September 2011. The Fixed- term Parliaments Act was, as we have heard, designed as a short-term political fix but with significant constitutional consequences....
My Lords, I very much subscribe to the last observation of my noble friend Lord Norton. The detail of what should happen in the event of the previous Act being repealed is an extremely complicated matter. Clause 2 seeks to set out what should happen, but the question about whether...
My Lords, I very much subscribe to the last observation of my noble friend Lord Norton. The detail of what should happen in the event of the previous Act being repealed is an extremely complicated matter. Clause 2 seeks to set out what should happen, but the question about whether...
My Lords, my theme will essentially follow the closing remarks of the noble Lord, Lord Butler. I want to start with a quote:
“the government has moved to cement its grip on power. It’s taking action against the courts, shrinking their ability to hold the ruling party to account, curbing citizens’...
My Lords, my theme will essentially follow the closing remarks of the noble Lord, Lord Butler. I want to start with a quote:
“the government has moved to cement its grip on power. It’s taking action against the courts, shrinking their ability to hold the ruling party to account, curbing citizens’...
My Lords, what a pleasure it is to follow the noble Lord, Lord Rooker, with all his passion, and to hear from him that he will, like us, push this Bill back over and over again until it is gone.
I had always understood that once a prerogative power of the...
My Lords, what a pleasure it is to follow the noble Lord, Lord Rooker, with all his passion, and to hear from him that he will, like us, push this Bill back over and over again until it is gone.
I had always understood that once a prerogative power of the...
My Lords, I congratulate the noble Lord, Lord McLoughlin, on his chairing of the Joint Committee and the magisterial report that it produced. It was a pleasure to give oral evidence to that committee, and also, with my noble friend Lord Butler of Brockwell, to the Constitution Committee and the...
My Lords, I congratulate the noble Lord, Lord McLoughlin, on his chairing of the Joint Committee and the magisterial report that it produced. It was a pleasure to give oral evidence to that committee, and also, with my noble friend Lord Butler of Brockwell, to the Constitution Committee and the...
My Lords, it was a real pleasure for me to listen to the noble Lord, Lord Lisvane, reversing the pattern of some 40 years in the other place when he had to sit and listen in silence to me. While I support this legislation, I confess I do so with...
My Lords, it was a real pleasure for me to listen to the noble Lord, Lord Lisvane, reversing the pattern of some 40 years in the other place when he had to sit and listen in silence to me. While I support this legislation, I confess I do so with...
My Lords, I am late in the speaking order today, and I have therefore decided that I shall fillet the comments that I was going to make, because many of them have already been made—but I will identify those whose comments I particularly agree with.
First, I observe that it would...
My Lords, I am late in the speaking order today, and I have therefore decided that I shall fillet the comments that I was going to make, because many of them have already been made—but I will identify those whose comments I particularly agree with.
First, I observe that it would...
My Lords, I congratulate my noble friend Lord Leicester on his excellent maiden speech and what he has done at Holkham. I have spent many happy times there. Well, they were sort of happy. I was with my 13 year-old son trying to spot lapwings. I am not a bird-watcher...
My Lords, I congratulate my noble friend Lord Leicester on his excellent maiden speech and what he has done at Holkham. I have spent many happy times there. Well, they were sort of happy. I was with my 13 year-old son trying to spot lapwings. I am not a bird-watcher...
My Lords, I am very glad to follow my noble friend and like him, of necessity, I come to bury the Fixed-term Parliaments Act, not revive it. It has been a privilege to listen to so many excellent speeches this afternoon, not least the maiden speech of my noble friend...
My Lords, I am very glad to follow my noble friend and like him, of necessity, I come to bury the Fixed-term Parliaments Act, not revive it. It has been a privilege to listen to so many excellent speeches this afternoon, not least the maiden speech of my noble friend...
My Lords, in my time in your Lordships’ House, two periods stand out as painful memories, and both are addressed by the Bill. The first is of the period of coalition government between 2010 and 2015. While these Benches rejoiced at the end of the period of Labour rule, many...
My Lords, in my time in your Lordships’ House, two periods stand out as painful memories, and both are addressed by the Bill. The first is of the period of coalition government between 2010 and 2015. While these Benches rejoiced at the end of the period of Labour rule, many...
My Lords, I always enjoy following my noble friend Lady Noakes. I frequently disagree with her, and I am afraid I will disagree on certain issues this afternoon, but she is a meticulous parliamentarian and we are very fortunate to have her with us.
I speak with a certain sense of...
My Lords, I always enjoy following my noble friend Lady Noakes. I frequently disagree with her, and I am afraid I will disagree on certain issues this afternoon, but she is a meticulous parliamentarian and we are very fortunate to have her with us.
I speak with a certain sense of...
My Lords, like the noble Lord, Lord Lansley, I have noted the mood of the House that we have genuinely come together today to bury the Fixed-term Parliaments Act, not to praise it. Many noble Lords tell your Lordships’ House that they support this Bill and the burial of the...
My Lords, like the noble Lord, Lord Lansley, I have noted the mood of the House that we have genuinely come together today to bury the Fixed-term Parliaments Act, not to praise it. Many noble Lords tell your Lordships’ House that they support this Bill and the burial of the...
My Lords, the government Bill before us today restores the democratic nature of how our parliamentary system works and how elections can be called. We are the custodians of democracy, and elections are pivotal to this. The Bill makes provision for the Dissolution prerogative to be revived and, in doing...
My Lords, the government Bill before us today restores the democratic nature of how our parliamentary system works and how elections can be called. We are the custodians of democracy, and elections are pivotal to this. The Bill makes provision for the Dissolution prerogative to be revived and, in doing...
My Lords, I very much welcome the Bill. I was never a fan of the Fixed- term Parliaments Act and, indeed, never a fan of fixed terms, whatever the manifesto said at any particular time.
We should start by reminding ourselves of how we got that legislation in the first place....
My Lords, I very much welcome the Bill. I was never a fan of the Fixed- term Parliaments Act and, indeed, never a fan of fixed terms, whatever the manifesto said at any particular time.
We should start by reminding ourselves of how we got that legislation in the first place....