Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 1
1
Paragraph: 17
The Fixed-term Parliaments Act clearly achieved the purpose of removing the discretion of the Prime...
Conclusion
The Fixed-term Parliaments Act clearly achieved the purpose of removing the discretion of the Prime Minister to call an election at a time of his or her choosing. It removed the ability of the incumbent party of government to time an election to gain an advantage over its opponents. Whatever legislation replaces the FtPA it is important that this fairness is maintained.
Paragraph Reference:
17
Government Response
Rejected
HM Government
Rejected
As a result of the FTPA, Her Majesty does not currently have any residual power to dissolve Parliament. Instead, an early dissolution either requires the support of two-thirds of MPs, or a statutory vote of no confidence. As the Committee itself recognised, a Prime Minister with a majority can circumvent the two-third majority requirement, as was the case in the 2017 General Election. Furthermore, in the 2017-19 Parliament these arrangements created gridlock. In repealing the FTPA, the Bill returns to a tried and tested system whereby Parliament is dissolved on the advice of the PM. Sixth Special Report of Session 2019–21 3 The Government does not agree that the existence of such a residual power provides the incumbent Government an electoral advantage. As the Sovereign’s principal adviser, it is reasonable that a Prime Minister can advise on dissolution. There are numerous examples where, having called a snap election, the Government has been unsuccessful at the polls. Examples of this include the 2017 General Election, the 1974 General Election called by Edward Heath, the 1970 General Election called by Harold Wilson and the 1951 General Election called by Clement Attlee. When a decision to call an election is taken the Prime Minister will of course recognise that in doing so the electorate can, at the polling booth, judge for itself the Government’s actions in such matters. Election law provides for a level playing field between parties and candidates within the regulated election period itself, and the Cabinet Office’s “Election guidance for civil servants” outlines the restrictions on Government activity and publicity during the election period.