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I was worried that my hon. Friend was going to tell me that I was wrong, but that was a delightful intervention and one I entirely agree with. I thank her for that point, because the wording of the Bill ensures that it will look as though the Fixed-term Parliaments...

Member
Anthony Mangnall (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 cc843-4
House
House of Commons

It is always a pleasure to follow my hon. Friend the Member for Totnes (Anthony Mangnall), and even more of a pleasure to know that we are going to be in the same Lobby this evening—that is not always the case. I want to join everybody across the House in...

Member
Andrew Bowie (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 cc844-6
House
House of Commons

With the leave of the House, I shall make some closing remarks on behalf of the Opposition. As the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), is now at the Dispatch Box, let me begin by welcoming her back. I am sure she...

Member
Cat Smith (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 cc846-8
House
House of Commons

I saw the right hon. Gentleman try to answer what I was going to ask him in his reply to the earlier intervention. Considering that there have been two snap elections in the past four years, what problem are the Government trying to solve?

Member
Jonathan Edwards (Independent (affiliation))
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

It is precisely because there have been at least two elections of the kind that the hon. Gentleman draws attention to that the Fixed-term Parliaments Act has not done what it said on the tin. It has failed the Ronseal test. For those who advocated the Fixed-term Parliaments Act in...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

Will my right hon. Friend give way?

Member
Aaron Bell (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

I am more than happy to give way to my hon. Friend, a distinguished member of the Joint Committee.

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

Does the Secretary of State agree that any legislation in this area must work with any parliamentary arithmetic? That was the problem we saw in the previous Parliament and that is what going back to the status quo ante before 2010 will achieve.

Member
Aaron Bell (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

My hon. Friend is absolutely right. Our approach to the dissolution of Parliament and the calling of elections before the Fixed-term Parliament Act was robust, successful and effective and ensured that our democracy worked as it should. What we are doing is ensuring that those tried and tested procedures are...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

Does my right hon. Friend not agree that the Fixed-term Parliaments Act was probably the single worst piece of legislation that the coalition Government introduced? Fortunately, I did not vote for it then, but I will certainly be voting for this repeal tonight.

Member
Charles Walker (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

Regarding the coalition years, I think that others are better placed—given that I served in the Government for five years—to decide which was the worst piece of legislation that was passed. The one thing I will say for the Fixed-term Parliaments Act is

that it was very much a child...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c789
House
House of Commons

I will let the Minister in on a secret: not all of us supported everything that was in the Labour manifesto at the last general election.

Is there not a worrying issue here, which is precisely what the right hon. Gentleman refers to as “the child of its time”? If the...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c790
House
House of Commons

I take very seriously the points that the hon. Gentleman makes, because there are few deeper scholars of our constitution or parliamentary history than him, but I would say two things. First, sometimes there are constitutional experiments or innovations, and it is understandable that they will have partisans who can...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c790
House
House of Commons

In which case, one could conceive of a situation in which the Government were aware of something coming up that the public were not aware of—a report or a major security breach that had not yet been made public, for example. Or, for instance, the Government might choose to hold...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c790
House
House of Commons

In both the cases that the hon. Gentleman mentions, if there were jiggery-pokery or the Government were acting in a way that the electorate considered heedless or reckless, electoral punishment would occur sooner or later. Attempting to rig the rules in that way is, as we have seen in the...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c791
House
House of Commons

Surely the biggest difference, though, between the situation today and that facing Edward Heath in the 1970s is the amount, the nature and the regulation of the spending of money. Heath did not have a long period before a short period of expenses and there were not those controls. Effectively,...

Member
Alistair Carmichael (Liberal Democrat)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c791
House
House of Commons

No, it is not what it is about. The money spent on elections is an issue in which the Liberal Democrats and other parties have long had an interest, but more broadly the point is that the choice of election timing should ultimately depend on the capacity of the Prime...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c791
House
House of Commons

rose—

Member
Alistair Carmichael (Liberal Democrat)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c791
House
House of Commons

I will just make a little progress and then come back to the right hon. Gentleman.

We saw in the 2017 to 2019 Parliament what happened when Parliament attempted to sustain a Government in office, to deny a Prime Minister the Dissolution that he requested, and yet at the same time...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c791
House
House of Commons

If, as the Minister says, this is about the point at which the Prime Minister can command the confidence of the House, surely that is something that can only be determined by this House and not the Prime Minister, so the point made by the hon. Member for Rhondda (Chris...

Member
Alistair Carmichael (Liberal Democrat)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c791
House
House of Commons

The points made by the hon. Member for Rhondda (Chris Bryant) are nearly always good ones, but on this occasion it is wrong. Ultimately, the decision about whether it is right to call an election and whether the Prime Minister and the Administration should return to power rightly rests with...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 cc791-2
House
House of Commons

The reality is that Government hold privileged information. In the light of the economic challenge coming down the path, surely the Bill is simply a cut-and-run Bill to allow the Government to call an early general election before they have to deal with that crisis.

Member
Rachael Maskell (Labour; Co-operative Party)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c792
House
House of Commons

I completely disagree. Looking at the broad economic situation that we face and what may happen in future, we have a well-informed and judicious electorate that will make a judgment whenever an election is called about the fitness of this Government to be returned to office or, indeed, the readiness...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c792
House
House of Commons

The historical case that my right hon. Friend is making is absolutely incontrovertible. The fact is that the legitimacy of previous elections has barely—if ever—been questioned. As soon as we brought in that wretched legislation, we ended up in what he rightly described as a paralysed Parliament. However, is he...

Member
Julian Lewis (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c792
House
House of Commons

I believe that clause 3 is robust and fit for purpose, but it is also the case that Professor Ekins, of the Judicial Power Project attached to the think-tank Policy Exchange, is a brilliant legal mind. We will pay close attention to his arguments and to those of my right...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c792
House
House of Commons

Will the Minister give way?

Member
Jonathan Edwards (Independent (affiliation))
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c792
House
House of Commons

I will in just a second.

The Joint Committee found that the 2011 Act did fulfil its immediate political purpose of maintaining the coalition Government for five years, but that it did not succeed in enforcing a super-majority constraint on the calling of early general elections, given what happened in 2017...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c793
House
House of Commons

I absolutely echo the Minister’s comments in relation to his colleague. The law as it stands means that if the Government lose a vote of no confidence, there are 14 days to form another Government, and if that does not happen, that leads to an election. What would be the...

Member
Jonathan Edwards (Independent (affiliation))
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c793
House
House of Commons

In those circumstances the Prime Minister could immediately, and should immediately, request of Her Majesty a Dissolution and an election would follow. One of the most powerful examples in our recent parliamentary history was the loss of a vote of no confidence in 1979 by James Callaghan, which led to...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c793
House
House of Commons

Historically, many different things have counted as motions of no confidence—for instance, losing a vote on an amendment to the Loyal Address following the Queen’s Speech or on an amendment to the Finance Bill, or refusing to grant supply for a military intervention or to allow a military intervention. Does...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c794
House
House of Commons

The formal motion of no confidence that is traditionally requested by the Opposition and has to be granted within a day is a classic example, but on the question of military intervention, I personally believe—again, it is for the House to take a view—that that is a proper exercise of...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c794
House
House of Commons

Does the Minister agree that in that situation it would be open to any Member of this House to ask a Minister or the Prime Minister at the Dispatch Box whether he or she considered it to be a matter of confidence and then what followed from that would bear...

Member
Robert Goodwill (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c794
House
House of Commons

My right hon. Friend is exactly right. If any Prime Minister felt that the House’s decision not to grant supply, the House’s decision to censure an individual Minister or the House’s decision not to authorise support for military action was a matter of confidence, that might mean that it would...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c794
House
House of Commons

Will the Minister give way?

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c794
House
House of Commons

Not for a little bit, because I want to run briefly through the clauses in the Bill.

There are six clauses and one schedule. The first clause repeals the Fixed-term Parliaments Act. The second clause revives the prerogative power and allows the Prime Minister to request a Dissolution from the monarch....

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c794
House
House of Commons

What if the courts sought to test the ouster clause?

Member
William Wragg (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c794
House
House of Commons

I do not think that they would, necessarily. There are people who might seek to do that, but one of the things that Parliament can do—and one of the reasons that my hon. Friend’s question is so helpful, as were the Joint Committee’s deliberations—is to affirm what is the case....

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c795
House
House of Commons

One thing that came out of the Joint Committee’s report was the very clear interpretation that a Prime Minister requests a dissolution rather than advising the monarch on it. I am pleased that the Government have accepted that advice from the Joint Committee, but does it not make the ouster...

Member
Jackie Doyle-Price (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c795
House
House of Commons

That is definitely my understanding of constitutional practice, but—without getting into the details—there have been one or two recent decisions by the courts that might be thought by some to have moved one or two goalposts on the constitutional playing field. Lest there be any doubt, the ouster clause is...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c795
House
House of Commons

On clause 4, will my right hon. Friend confirm that a maximum five-year term will mean that the latest that we could have a general election in this Parliament would be January 2025?

Member
Charles Walker (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c795
House
House of Commons

I think that I would defer to others on fixing the precise date, but I believe that that is so.

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c795
House
House of Commons

In addition to what is in the Bill, we have to discuss what is not in it: the conventions that we seek to restore and the Dissolution principles published along- side the draft Bill. As my right hon. Friend will know, the Joint Committee considered the conventions, the paramountcy of...

Member
Aaron Bell (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c795
House
House of Commons

Again, my hon. Friend makes a very important point. Alongside the Bill, we have produced a brief statement of Dissolution principles. He is absolutely right. Our broad understanding of Dissolution principles derives from a letter written by Sir Alan “Tommy”

Lascelles pseudonymously—I am glad to be able to use that...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 cc795-6
House
House of Commons

Is it not also the case that, if there were a vote in the Commons that many considered to be a confidence vote, but the Government refused to accept that, it would be open to the official Opposition to table a confidence motion, in which there would be no doubt...

Member
Robert Goodwill (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c796
House
House of Commons

Exactly so, and it is absolutely important, as my right hon. Friend points out, that we stick to the principle that, immediately upon receipt of a request from the Opposition for a vote of no confidence, such a debate is granted and that the Prime Minister of the day would...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c796
House
House of Commons

I do not want to test everybody’s patience, but the one time when that course is not available to the Opposition is immediately after a general election, before Parliament has got on to actually meeting; and it is the Government, and only the Government, who decide when the House meets...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c796
House
House of Commons

That is an important point, but it is also important to recognise that no newly elected Government can effectively govern without Parliament. It would be impossible without a vote of supply and without a Queen’s Speech to ensure that the basis on which they were elected, and the effective governance...

Member
Lord Gove (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 cc796-7
House
House of Commons

I begin by saying how lovely it is to see the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), back on the Front Bench after her absence, how well she is looking, and—without wishing the entire debate away—how much we are looking forward to...

Member
Cat Smith (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 cc797-8
House
House of Commons

I concede the hon. Member’s point that the Act did work as far as holding the coalition together until 2015 was concerned, but it did not work in 2017. If it had not been for the fact that the Scottish nationalists and the Liberal Democrats, for political reasons of their...

Member
Julian Lewis (Conservative)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c798
House
House of Commons

I will let other parties answer for their own actions. I certainly do not seek to speak for them. I think it would be a misinterpretation to say that the Act was purely for the purpose of holding the coalition together. I think that was a huge reason for support...

Member
Cat Smith (Labour)
Type
Proceeding contributions
Date
6 July 2021
Reference
698 c798
House
House of Commons