My Lords, as the final Back-Bench speaker, I cannot help wondering whether I have been so placed because I supported the Fixed-term Parliaments Act when the Bill came through your Lordships’ House. While it may have been a political convenience for the coalition Government, as some have argued in this...

My Lords, as the final Back-Bench speaker, I cannot help wondering whether I have been so placed because I supported the Fixed-term Parliaments Act when the Bill came through your Lordships’ House. While it may have been a political convenience for the coalition Government, as some have argued in this...

My Lords, I take issue with the repetition of the phrase “tried and tested” by the Minister and others to defend prerogative power. The British people, the Minister declared, lived with the previous system for centuries. For several of those centuries, this country was at best semi-democratic. In the 17th...

My Lords, I take issue with the repetition of the phrase “tried and tested” by the Minister and others to defend prerogative power. The British people, the Minister declared, lived with the previous system for centuries. For several of those centuries, this country was at best semi-democratic. In the 17th...

My Lords, indeed we should never take democracy for granted—although I have noticed over the years, with advancing age, that whenever the party on those Benches is resoundingly defeated at any election, whether by the Labour Party or the party on these Benches, it cries “Populism!”, “Foul!”, “Unfair!”. We have...

My Lords, indeed we should never take democracy for granted—although I have noticed over the years, with advancing age, that whenever the party on those Benches is resoundingly defeated at any election, whether by the Labour Party or the party on these Benches, it cries “Populism!”, “Foul!”, “Unfair!”. We have...

My Lords, it is an honour to make my maiden speech in your Lordships’ House. I will not dwell on the six generations of the Coke family who, in 162 years of taking their seat—or not—in this House, only mustered three speeches, two of them by my father, concerning the...

My Lords, it is an honour to make my maiden speech in your Lordships’ House. I will not dwell on the six generations of the Coke family who, in 162 years of taking their seat—or not—in this House, only mustered three speeches, two of them by my father, concerning the...

The Dissolution and Calling of Parliament Bill is a Government bill which would repeal the Fixed-Term Parliaments Act 2011. It also would revive the prerogative power to dissolve Parliament and call a new Parliament. Second reading of the bill in the House of Lords is scheduled to take place on 24 November 2021.

The Dissolution and Calling of Parliament Bill is a Government bill which would repeal the Fixed-Term Parliaments Act 2011. It also would revive the prerogative power to dissolve Parliament and call a new Parliament. Second reading of the bill in the House of Lords is scheduled to take place on...

Committee stage. Clause 1, considered with clauses 2-6, Schedule 1, amendments and new clauses. Clause 1 agreed to. Clause 2, agreed to on division (316 to 162). Clauses 3-6 and Schedule agreed to on question. Bill reported without amendment. Third reading agreed to on division (312 to 55). Queen's consent signified. Bill passed.

Committee stage. Clause 1, considered with clauses 2-6, Schedule 1, amendments and new clauses. Clause 1 agreed to. Clause 2, agreed to on division (316 to 162). Clauses 3-6 and Schedule agreed to on question. Bill reported without amendment. Third reading agreed to on division (312 to 55). Queen's consent...

May I initially seek your guidance, Chairman? Would you like me to cover all the clause stand parts and to respond, as it were, in advance to amendments? Or would you like me to return to respond to hon. Members once they have spoken to their amendments?

May I initially seek your guidance, Chairman? Would you like me to cover all the clause stand parts and to respond, as it were, in advance to amendments? Or would you like me to return to respond to hon. Members once they have spoken to their amendments?

Thank you very much indeed, Dame Eleanor. I shall endeavour to do that, and I hope you will bear with me while I ensure that I cover all that material.

Let me begin at the beginning, with clause 1. There is consensus throughout the House that the Fixed-term Parliaments Act 2011...

Thank you very much indeed, Dame Eleanor. I shall endeavour to do that, and I hope you will bear with me while I ensure that I cover all that material.

Let me begin at the beginning, with clause 1. There is consensus throughout the House that the Fixed-term Parliaments Act 2011...

Will my hon. Friend help the House in respect of whether the Government acknowledge the existence of the Lascelles principles? If they do, what is the impact of clause 2 on those principles?

Will my hon. Friend help the House in respect of whether the Government acknowledge the existence of the Lascelles principles? If they do, what is the impact of clause 2 on those principles?

Of course the Government and I acknowledge the existence of those principles; they are a historical fact in and of themselves. I refer my right hon. and learned Friend to the fact that we have said consistently throughout the Bill’s preparation and progress so far that we believe that now...

Of course the Government and I acknowledge the existence of those principles; they are a historical fact in and of themselves. I refer my right hon. and learned Friend to the fact that we have said consistently throughout the Bill’s preparation and progress so far that we believe that now...

Does not the fact that the Prime Minister requests that the monarch take steps so that an election can happen show an understanding of the Lascelles principles? Indeed, there could be other circumstances, yet unforeseen, in which a request is refused.

Does not the fact that the Prime Minister requests that the monarch take steps so that an election can happen show an understanding of the Lascelles principles? Indeed, there could be other circumstances, yet unforeseen, in which a request is refused.

Yes, we believe that that is the case; that is the flexibility inherent within the constitutional arrangements that we seek to revive. That brings me back to the express purpose of clause 2, which delivers on the Bill’s purpose, which is, as I said, to reset back to the pre-2011...

Yes, we believe that that is the case; that is the flexibility inherent within the constitutional arrangements that we seek to revive. That brings me back to the express purpose of clause 2, which delivers on the Bill’s purpose, which is, as I said, to reset back to the pre-2011...

Does my hon. Friend agree that one benefit of clause 3, as well as highlighting all the issues that she has just mentioned, is that it makes it abundantly clear that Parliament is supreme?

Does my hon. Friend agree that one benefit of clause 3, as well as highlighting all the issues that she has just mentioned, is that it makes it abundantly clear that Parliament is supreme?

Yes, that is right. I am grateful to my hon. Friend and to all hon. and right hon. Members who served on the Joint Committee and spent a considerable amount of time looking at these issues. That is the kind of consideration that we ought to give to our constitutional...

Yes, that is right. I am grateful to my hon. Friend and to all hon. and right hon. Members who served on the Joint Committee and spent a considerable amount of time looking at these issues. That is the kind of consideration that we ought to give to our constitutional...

On clause 3, may I take the Minister back to the inclusion of the word “purported” and, in particular,

draw her attention to paragraph 166 and the comments of Baroness Hale in relation to the Joint Committee report? She says that

“it looks as if it is saying, “Well, even if...

On clause 3, may I take the Minister back to the inclusion of the word “purported” and, in particular,

draw her attention to paragraph 166 and the comments of Baroness Hale in relation to the Joint Committee report? She says that

“it looks as if it is saying, “Well, even if...

This is a good opportunity for me to be absolutely clear about the reference to the word “purported” in this clause. This has been included to take account of previous judicial decisions—in particular the cases of Anisminic Ltd v. the Foreign Compensation Commission 1969, and Privacy International v. the Investigatory...

This is a good opportunity for me to be absolutely clear about the reference to the word “purported” in this clause. This has been included to take account of previous judicial decisions—in particular the cases of Anisminic Ltd v. the Foreign Compensation Commission 1969, and Privacy International v. the Investigatory...

In the interests of clarity, is the Minister telling the House that the Government are asking Parliament to give them the power to do things that exceed the powers given to them and that nobody should be able to gainsay them?

In the interests of clarity, is the Minister telling the House that the Government are asking Parliament to give them the power to do things that exceed the powers given to them and that nobody should be able to gainsay them?

I am proposing that the House understands the use of the phrase “purported”, which, clearly, the right hon. Gentleman does—I have no dispute with him on that point—and that hon. Members join us in acknowledging that it is right to be aware of the case law and to respond to...

I am proposing that the House understands the use of the phrase “purported”, which, clearly, the right hon. Gentleman does—I have no dispute with him on that point—and that hon. Members join us in acknowledging that it is right to be aware of the case law and to respond to...

But it is not actually five years; it is five years and a bit, is it not? As the Septennial Act 1716 did, it goes from the date of the first sitting of the new Parliament. It means that, if we stick with this, we will have the longest period...

But it is not actually five years; it is five years and a bit, is it not? As the Septennial Act 1716 did, it goes from the date of the first sitting of the new Parliament. It means that, if we stick with this, we will have the longest period...

The hon. Gentleman pre-empts my remarks in respect of his amendment, which I will endeavour to come to after I have worked through all the clauses.

The scheme that we are proposing is the right one and I will come in a moment to why I think that that is the...

The hon. Gentleman pre-empts my remarks in respect of his amendment, which I will endeavour to come to after I have worked through all the clauses.

The scheme that we are proposing is the right one and I will come in a moment to why I think that that is the...

indicated assent.

indicated assent.

In that case, Mr Evans, I am going to carry on until you tell me otherwise. There is an amount to get through, but I hope to do so.

The schedule provides for a number of changes to primary and secondary legislation to ensure the effective operation of the statute book...

In that case, Mr Evans, I am going to carry on until you tell me otherwise. There is an amount to get through, but I hope to do so.

The schedule provides for a number of changes to primary and secondary legislation to ensure the effective operation of the statute book...

If a Prime Minister were to request a Dissolution that was proper but was perceived to be for political advantage and was premature, would not the remedy be in the hands and judgment of the electorate?

If a Prime Minister were to request a Dissolution that was proper but was perceived to be for political advantage and was premature, would not the remedy be in the hands and judgment of the electorate?

Yes, that is precisely the point, and that underlies a number of our considerations. In the place of a prescriptive statutory scheme, we can place our trust instead in the ability of people to choose against the behaviour that they observe from parties in Parliament.

Let me turn to new clause...

Yes, that is precisely the point, and that underlies a number of our considerations. In the place of a prescriptive statutory scheme, we can place our trust instead in the ability of people to choose against the behaviour that they observe from parties in Parliament.

Let me turn to new clause...

If the largest party was trying to get a coalition, that might take more than 14 days. Is there provision in the legislation to cover that?

If the largest party was trying to get a coalition, that might take more than 14 days. Is there provision in the legislation to cover that?

The hon. Gentleman makes precisely the point that goes to the new clause, which is that a Government would, I would have thought, want to assemble faster than 14 days, but there can be occasions when more than 14 days may be needed. Therefore, both these arguments point to flexibility,...

The hon. Gentleman makes precisely the point that goes to the new clause, which is that a Government would, I would have thought, want to assemble faster than 14 days, but there can be occasions when more than 14 days may be needed. Therefore, both these arguments point to flexibility,...

All right then, if it is the simplest way of doing it, what is the last date that the next general election can be held if all this is carried as the Minister says?

All right then, if it is the simplest way of doing it, what is the last date that the next general election can be held if all this is carried as the Minister says?

With respect, that is not the right quiz question—the right quiz question is whether, under the hon. Gentleman’s amendment, the period would be five years plus 25 days. That would, I believe, arise from his amendment, because he is not counting the length of the election campaign, whereas our provision...

With respect, that is not the right quiz question—the right quiz question is whether, under the hon. Gentleman’s amendment, the period would be five years plus 25 days. That would, I believe, arise from his amendment, because he is not counting the length of the election campaign, whereas our provision...

My hon. Friend is of course making an excellent speech. The intent behind the new clause, which I will explain more fully when I go through it in detail, is to do exactly what she was calling for earlier, which is to have a clearer and more easily understood scheme....

My hon. Friend is of course making an excellent speech. The intent behind the new clause, which I will explain more fully when I go through it in detail, is to do exactly what she was calling for earlier, which is to have a clearer and more easily understood scheme....

Absolutely. This is a good opportunity to remind ourselves that we have not necessarily observed a 25 working day timetable. For example, the 2017 election, known to have been rather a long one, was considerably longer than that minimum statutory period. It is important, as my right hon. Friend says,...

Absolutely. This is a good opportunity to remind ourselves that we have not necessarily observed a 25 working day timetable. For example, the 2017 election, known to have been rather a long one, was considerably longer than that minimum statutory period. It is important, as my right hon. Friend says,...

Does my hon. Friend feel that the debate on this presents the opportunity for a further piece of work on the period from when a Prime Minister dissolves Parliament to when the 25 days should start? I appreciate that this Bill is not really the appropriate moment for that, but...

Does my hon. Friend feel that the debate on this presents the opportunity for a further piece of work on the period from when a Prime Minister dissolves Parliament to when the 25 days should start? I appreciate that this Bill is not really the appropriate moment for that, but...

I am grateful to my right hon. Friend. Some of what he refers to is not necessarily within a statutory scheme but within, for example, the processes of this House, but he makes a valuable point. We do need to look at the evidence in this area; that will clearly...

I am grateful to my right hon. Friend. Some of what he refers to is not necessarily within a statutory scheme but within, for example, the processes of this House, but he makes a valuable point. We do need to look at the evidence in this area; that will clearly...

Just for clarification on those comments, are the electoral services referring to the 25 working days, not a period leading up to that, and saying that they are confident that they can always achieve their work in the short campaign as defined, not relying on any period of time before...

Just for clarification on those comments, are the electoral services referring to the 25 working days, not a period leading up to that, and saying that they are confident that they can always achieve their work in the short campaign as defined, not relying on any period of time before...

I believe that to be the case, although of course I would not wish to speak for the AEA. I really do commend its report to the Committee to enable it to see in much more detail the challenges that there are in delivering elections within the timetable that currently...

I believe that to be the case, although of course I would not wish to speak for the AEA. I really do commend its report to the Committee to enable it to see in much more detail the challenges that there are in delivering elections within the timetable that currently...

We would all wish to maximise participation in elections, and the practicalities of overseas voters, postal voters and voter registration are very important, but do we also need to look at the possibility that as campaigns go on and on, we might get campaign fatigue, which might well result in...

We would all wish to maximise participation in elections, and the practicalities of overseas voters, postal voters and voter registration are very important, but do we also need to look at the possibility that as campaigns go on and on, we might get campaign fatigue, which might well result in...

I am always sympathetic to that point. There is always a risk when any of us have to bang on too long that we simply get boring, and I can already apologise to the House for having taken 50 minutes of tonight’s Committee in trying to make my way through...

I am always sympathetic to that point. There is always a risk when any of us have to bang on too long that we simply get boring, and I can already apologise to the House for having taken 50 minutes of tonight’s Committee in trying to make my way through...

On the wider point about how quickly an election takes place, can I take it as read from the Minister that the Government will always immediately move a writ for a by-election, and not drag it on any longer than usual?

On the wider point about how quickly an election takes place, can I take it as read from the Minister that the Government will always immediately move a writ for a by-election, and not drag it on any longer than usual?

If only I had the ability to give the hon. Gentleman that promise, I think I would have promoted myself to Chief Whip and other positions in a single move. I do not think I should be drawn on the dark ways of the Chief Whip and the usual channels....

If only I had the ability to give the hon. Gentleman that promise, I think I would have promoted myself to Chief Whip and other positions in a single move. I do not think I should be drawn on the dark ways of the Chief Whip and the usual channels....

I want to take my hon. Friend back to the point about 2013 and why the period became 25 working days. She mentioned postal votes and electronic registration, but surely the clue is in the title: electronic registration. Anything done electronically is supposed to be much quicker and clearer. Does...

I want to take my hon. Friend back to the point about 2013 and why the period became 25 working days. She mentioned postal votes and electronic registration, but surely the clue is in the title: electronic registration. Anything done electronically is supposed to be much quicker and clearer. Does...

Again, some incredibly thoughtful points are being put. My hon. Friend is right to observe that the introduction of online registration has enormously sped up how people can register, and he draws me to talk about two things. The first is to acknowledge what needs to be done to ensure...

Again, some incredibly thoughtful points are being put. My hon. Friend is right to observe that the introduction of online registration has enormously sped up how people can register, and he draws me to talk about two things. The first is to acknowledge what needs to be done to ensure...

rose—

rose—

rose—

rose—

I will not give way to my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) again, if he will forgive me. I will give my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) a go.

I will not give way to my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) again, if he will forgive me. I will give my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) a go.

My hon. Friend said a moment ago that she could not speak exactly for the AEA, but she will know from the open letter that it wrote to her that it wants even more time. It is proposing an extended 30-day timetable to

“increase capacity, introduce resilience and ensure electors are...

My hon. Friend said a moment ago that she could not speak exactly for the AEA, but she will know from the open letter that it wrote to her that it wants even more time. It is proposing an extended 30-day timetable to

“increase capacity, introduce resilience and ensure electors are...

I am happy to confirm from this Dispatch Box that the Government’s position is to maintain the electoral timetable as it stands—I am not proposing an extension or reduction—but I draw the threads together as follows. We need to ensure that the system works for voters, and that includes them...

I am happy to confirm from this Dispatch Box that the Government’s position is to maintain the electoral timetable as it stands—I am not proposing an extension or reduction—but I draw the threads together as follows. We need to ensure that the system works for voters, and that includes them...

Will the Minister give way?

Will the Minister give way?

I am afraid I have not got time to give way; I need to draw my remarks to a close. I look forward to the hon. Member for Carmarthen East and Dinefwr being able to say more about his amendment, which he has not yet had a chance to do....

I am afraid I have not got time to give way; I need to draw my remarks to a close. I look forward to the hon. Member for Carmarthen East and Dinefwr being able to say more about his amendment, which he has not yet had a chance to do....

The Bill does two things: it repeals the Fixed-term Parliaments Act; and reinstates—or attempts to reinstate—the status quo that existed before 2011. The Labour party supports the repeal of the Fixed-term Parliaments Act, which we committed to in our 2019 manifesto, because the Act undermined motions of no-confidence and removed...

The Bill does two things: it repeals the Fixed-term Parliaments Act; and reinstates—or attempts to reinstate—the status quo that existed before 2011. The Labour party supports the repeal of the Fixed-term Parliaments Act, which we committed to in our 2019 manifesto, because the Act undermined motions of no-confidence and removed...

Does my hon. Friend agree that the new clause is a much more effective way of keeping the courts out? The ouster clause is a bit like a red flag or saying to someone, “Don’t think of an elephant”—they will think of an elephant. It is saying to the courts,...

Does my hon. Friend agree that the new clause is a much more effective way of keeping the courts out? The ouster clause is a bit like a red flag or saying to someone, “Don’t think of an elephant”—they will think of an elephant. It is saying to the courts,...