Select committee: Public Administration and Constitutional Affairs Committee
Recommendation 10
Sixth Report - The Fixed-term Parliaments Act 2011
Published 15 Sep 2020
Paragraph 69
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)
It is clear that the inability for the House of Commons to set the date combined with an apparent lack of trust in the Prime Minister, contributed to the paralysis last autumn. There was support in our evidence for the view that allowing the Queen to set the date on the advice of a Prime Minister was a deficiency in the drafting of the Act. Given the Government’s stated reasons for seeking to repeal the Fixed-term Parliaments Act, it is important that consideration is given to mechanisms providing the House of Commons with the power to set the date of an early general election. The Committee recommends that the review committee consider this issue and the advantages and disadvantages of the power to call an early election and to set the date for that election being held by different institutions or whether the election state should be set in statute with a limited power of delay, as is presently the case in regards to the scheduled election date.
From: Public Administration and Constitutional Affairs Committee, Sixth Report - The Fixed-term Parliaments Act 2011 (HC 167), paragraph 69, 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.