Dissolution and Calling of Parliament Bill — House of Commons, 2021-07-06
Topic: Government Operations
Brendan O'Hara (Scottish National Party, Centre-left): In the name of the wee man. Madam Deputy Speaker, I attempt not to waste your time or this House’s time, so yet again I will ignore the Minister In evidence to the Committee, the Government were advised that: "The Fixed-term Parliaments Act had a provision that limited the time within which writs for parliamentary elections could be moved, and it is the latter that I think you would be wise to introduce into this Bill." Lord Sumption also warned the Government at that meeting. He said: "I suspect that if the Prime Minister was effectively attempting to rule without Parliament by simply failing to issue writs of summons, the courts might well intervene for precisely the same reasons that they intervened in the case of the prorogation…I think it quite likely that the reasoning in Miller No. 2 would be applied to that situation. But, because this is a very undesirable state of affairs, I would very strongly urge you to introduce into the Bill a provision with a time limit." Baroness Hale and Lord Sumption could not have been clearer, but, six months later, the Government still have not introduced anything of the sort and clause 3 remains as it was back in January, in effect allowing the Government to decide on the length of a Prorogation, the gap between a Dissolution and an election and, indeed, the gap between an election and the first sitting of a new Parliament. They were warned by learned judges that that is not an acceptable state of affairs and they have had six months to do something about it, but it still does not appear in the Bill. If the Bill is passed as the Government wish, they will be able to do all of that in the hope of not having the courts look at it Until now, the only vague explanation I have heard about why the Government have not taken on the former Supreme Court judges’ advice is on a basis of, "Trust us—do you really think we would do such a thing?" The obvious answer is yes, because they have form for doing exactly that and have been found to have acted illegally. When the Minister for the Constitution and Devolution responds to the debate, will she explain why the Government have not taken on their advice? Indeed, will the Government finally seek to amend the Bill Under normal circumstances, a debate on whether this Parliament chooses to fix a term between its general elections is not something that the SNP would get overly het up about. Indeed, we do not intend to be here much longer. Hopefully, Scotland’s participation in UK general elections will be a thing consigned to the history books and children will learn about it alongside Robert Burns, William Shakespeare, the moon landings and how England came so close to winning the European championships. I hope, and have little doubt that, when established, our independent Scottish Parliament will continue to use the current arrangement: the one whereby everyone knows that, barring the collapse of the Government and an inability to create a new one, Scottish Parliament elections will take place on the first Thursday of May in 2026. That is how it should be The Bill once again exposes the absurdity of the UK not having a written constitution and reveals the inherent weakness of a system which simply hopes that the Executive branch do not do the things that, as a matter of legal and constitutional theory, they are allowed to do. Unfortunately, when the Executive decide to flex their muscles at the expense of the legislature and the judiciary, the failure to have adequate entrenched legal constitutional constraints becomes all too apparent. As I have said several times, the Bill cannot be seen in isolation and must be viewed as part of a concerted and co-ordinated power grab on the part of the Executive; one which, if they are successful, will give them even greater powers over Parliament and the courts. That is why the SNP will vigorously oppose it.