Select committee: Public Administration and Constitutional Affairs Committee
Recommendation 6
Sixth Report - The Fixed-term Parliaments Act 2011
Published 15 Sep 2020
Paragraph 35
Public Administration and Constitutional Affairs Committee The Fixed-term Parliaments Act 2011 All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
The Committee does not recommend a particular composition for the review committee beyond that set out in the Act. But the Committee believes that the review committee should be a Joint Select Committee, subject to parliamentary approval and not an executive-appointed committee. The Joint Committee could require additional provisions to include experts to be included as Committee members.
From: Public Administration and Constitutional Affairs Committee, Sixth Report - The Fixed-term Parliaments Act 2011 (HC 167), paragraph 35, 15 September 2020
Government response
The government responded to the whole report on 9 December 2020 (deadline 15 November 2020).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government says it is repealing the Fixed-term Parliaments Act through a draft Bill that revives the prerogative powers over dissolution, and it disagrees with several of the Committee's conclusions, including on the Commons setting election dates.
- On the prerogative, it recognises "a debate" about whether it can be revived without legislation, and the draft Bill makes express provision to revive it. The government agrees that its exercise should not be "abrogated to the Courts", and the draft Bill contains an ouster clause.
- It states that it "does not accept" that the power to set the precise date of the election should be given to the House of Commons or be subject to parliamentary approval.
- It "does not agree" that a residual dissolution power gives the incumbent government an electoral advantage, and it "does not share" the Committee's assessment that the Act is compatible with the confidence principle.
- On review and scrutiny, a Joint Committee has been set up, and the government says it "shall of course carefully consider" its conclusions on confidence votes. On prorogation, it says the issue is "separate" from the Act and the draft Bill is narrowly focused on dissolution.