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...