Recommendations and conclusions 34 shown
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The Fixed-term Parliaments Act 2011 changed core aspects of the UK constitution. It has proved controversial. Given the Government’s commitment to repeal the Act, for which it has support in principle from the Official Opposition, a review of it is timely.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The events of the early autumn of 2019 demonstrated that the Coalition Government’s objective “to remove the right of a Prime Minister to seek the dissolution of Parliament for pure political gain” has been achieved. Even if the Early General Election Act 2019 circumvented the requirements of the Fixed-term Parliaments Act 2011, it demonstrated that the consent of the House of Commons—irrespective of the legislative mechanism used—was necessary for the Government to dissolve Parliament.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
That the consent of the House of Commons is needed does not mean that the power of the Prime Minister has been markedly reduced. A Prime Minister with a majority, or who can muster one in favour of an early election, is not encumbered by the Fixed-term Parliaments Act 2011.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The possibility of legal challenge to the prime minister’s advice to the Monarch, or the Monarch’s decision to dissolve Parliament, must be avoided. If the power to dissolve Parliament were to be returned to the Prime Minister, it must be done in such a way that a legal challenge to its use is put beyond doubt. We suggest that this is more likely to be achieved by creating a new statutory power rather than attempting to revive the prerogative.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
Fixing the length of parliaments could have practical benefits for Parliament. However, there is insufficient evidence from the 2010–15 parliament to draw a firm conclusion.
Recommendation · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Recommended (the committee's words)
The dissolution of Parliament ahead of its fixed-term at an untypical time of year may pose a challenge for electoral administrators. In such instances the Government must ensure that individuals and organisations overseeing and administering elections are appropriately resourced and that any risks to free and fair elections are mitigated.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
We congratulate electoral administrators for overcoming the logistical challenges posed by the early general election in December 2019 and the smooth running of the poll they oversaw.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is an important constitutional convention that the main opposition parties have access to the civil service in the period before a general election. It is essential that this continues, as it helps to ensure a smooth transition when there is a change of party in government following a general election.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The Fixed-term Parliaments Act was intended to provide greater certainty about the timings of general elections, but this has not been the case since 2015. A consequence of an early general election is that the main opposition parties do not have as much time to engage with the civil service. This may hamper the ability of the civil service to support an incoming administration.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The Fixed-term Parliaments Act was not revolutionary in its provision for the length of parliaments.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is for Parliament to determine, whether in the Fixed-term Parliament Act, or any replacement, what the maximum length of a parliament should be and the mechanisms to bring about an early general election.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is difficult to draw conclusions from the unusual circumstances of autumn 2019. In this period the House of Commons rejected holding a general election on three separate occasions before consenting to one through a different route. While the two-thirds threshold can, in certain circumstances, be a meaningful constraint, it can also perpetuate political instability.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is for Parliament to decide whether, if the House of Commons maintains a role in the approval of early general elections, a threshold beyond a simple majority should apply to those decisions.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
A government’s authority derives from possessing the confidence of the House of Commons. The Fixed-term Parliaments Act did not change this constitutional principle, but it has clouded the situation. It is now possible for the Government to retain the confidence of the House of Commons in a statutory sense—winning a vote on a motion of no confidence—while having lost it in the political sense of lacking support for a key part of its policy agenda.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is for Parliament to decide whether the Fixed-term Parliaments Act—or any replacement legislation—should continue to make provision for confidence motions.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is an important constitutional convention that if a Leader of the Opposition tables a vote of no confidence in the Government time is quickly made available to debate it.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
In some situations a government could manipulate the no-confidence process to enable an early general election. This would be against the spirit of the Fixed-term Parliaments Act, but perversely the Act makes such a scenario possible.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
We do not envisage many circumstances where a successful vote of no confidence would result in a change of party in government. It is more likely that there would be a dissolution or a reshaping of the existing Government such that it can regain the confidence of MPs.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is unknown what might happen in the 14 days following a government losing confidence in the House of Commons. But, for the avoidance of doubt, the Cabinet Manual should state that the existing Government remains in office until the Monarch invites a new Government to be formed. This remains the case even if the Government has lost a vote of confidence in the House of Commons. The Prime Minister would not be “squatting” in Number 10 in such circumstances; rather, they would be doing their duty in maintaining Her Majesty’s Government until such time a replacement was appointed.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The Fixed-term Parliaments Act is silent on the process for finding an alternative administration during the 14 days after a vote of no confidence, save for the provision for a vote of confidence. The Act may create a circular situation whereby an alternative administration would need to demonstrate a majority in support in the House of Commons, but may not be able to demonstrate said support until it is in office.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
It is a cardinal principle that the Monarch should not be drawn into the political debate regarding who should govern. There should therefore be a process for MPs to demonstrate who is best placed to command a majority in the House of Commons in order to signal to the Monarch who should be invited to form a government. It is for the House of Commons to decide what process would be appropriate.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
Under the current system a Prime Minister opposed to any alternative administration could block its formation by preventing any effort to command a majority and waiting out the 14 days until an election was triggered. Such behaviour would be deprecated, but it underlines the need for greater certainty on this matter.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
After losing a vote of no confidence a Prime Minister must continue to follow constitutional practice. If an alternative Government can be formed during the 14 days prescribed by the Fixed-term Parliaments Act, the incumbent has a duty to resign. A Prime Minister who did not do so would be behaving unconstitutionally.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
No parliament can bind its successors. Therefore any legislation setting a threshold greater than a simple majority of MPs will be vulnerable to a bill bypassing that threshold.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The Fixed-term Parliaments Act transferred power to the House of Commons to decide whether there should be an early general election, but it did not give MPs control over the date of the election.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
When the Fixed-term Parliaments Bill was being considered it was widely believed the risk of a Prime Minister misusing the power to set the date of a general election was small. However, Parliament may wish to consider whether the House of Commons should be required to approve the date on which an early election is to be held.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
While there may be circumstances in which a Prime Minister could seek to misuse the power to delay a scheduled election for political purposes, the requirement for an affirmative instrument provides Parliament with an appropriate level of control.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
Any Government advising the Monarch on prorogation in the future will need to take into account the experience of the September 2019 prorogation and Supreme Court judgment in Miller/Cherry .
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
As part of the statutory review of the Fixed-term Parliaments Act 2011, Parliament may wish to consider whether the prorogation of Parliament should require its approval in the same way the Commons approves its recess dates.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
The Fixed-term Parliaments Act 2011 was not the cause of the political deadlock in the 2017–19 parliament, but without the Act the deadlock would not have lasted as long.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
A straight repeal of the Fixed-term Parliaments Act 2011 is not feasible. The Act repealed the Septennial Act 1715, which set the maximum length of a parliament. Repealing the FTPA without any replacement would mean that the current parliament could never end.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
To determine the future of the Fixed-term Parliaments Act 2011 a series of linked questions must be answered. These are: Should the length of parliaments be fixed absolutely or should mechanisms allow for early general elections? What should be the maximum length of a parliament? Should the calling of an early general election require the consent of the House of Commons? If the consent of the Commons is required for an early general election, what threshold, if any, should be set for approving the motion? If the consent of the Commons is required for an early general election, should the Commons be asked to approve the date for the election? These questions are ultimately ones that Parliament must determine.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
In making those determinations, Parliament may also wish to consider the separate question of whether it should be asked to approve the prorogation of Parliament.
Conclusion · 12th Report - A Question of Confidence? The Fixed-term Parliaments Act 2011
Concluded (the committee's words)
In making these decisions, parliamentarians must be mindful that constitutional change should not be undertaken lightly or with the short term in mind. Constitutional change needs to be able to stand the test of time.