Limiting Government power: How effective is the Fixed Term Parliaments Act 2011?
The House of Lords Constitution Committee has launched a new inquiry exploring the effectiveness, workings and implications of the Fixed Term Parliaments Act 2011 ahead of the statutory review required in 2020.
The Act was part of the Coalition Government's constitutional reform agenda and had the overarching aim to move power from the Executive to Parliament, thereby removing the Prime Minister's ability to call an election purely for political gain.
The Committee is seeking evidence on the following key questions:
- To what extent has the Fixed-term Parliaments Act 2011 led to a meaningful transfer of power from the Prime Minister to the House of Commons, removing the right of Prime Minister to seek the dissolution of Parliament whenever he or she chose to?
- Is five years the appropriate length for fixed-terms between general elections?
- Does the certainty of knowing when the next election will be – notwithstanding the section 2 provisions for triggering an early general election – have an impact on good governance?
- Are the mechanisms in the Act to trigger an early general election appropriate?
- What impact has the Act had on the notion of the House of Commons having “confidence” in a Government? Is it still possible for the Government to make a vote in the House of Commons on a matter of policy a “confidence” issue?
- What challenges arise for the political parties, the House of Commons and the civil service in the 14-day period following the passing of a motion of no confidence in the Government? Is there a risk of the monarch being drawn into the political debate during this period and, if so, how should this be mitigated?
- If the Act was repealed, what provisions for the lengths of Parliaments and the timing of general elections would need to be made in its place? Would the prerogative power for the Prime Minister to dissolve Parliament and call a general election be revived in the event of repeal?
The Committee is seeking evidence from organisations and individuals by 5pm on Thursday 26 September 2019.