Limiting the power of the Prime Minister, prorogation, and no confidence motions: Lords continue Fixed-term Parliaments Act inquiry
On Wednesday 23 October the House of Lords Constitution Committee will hold further evidence sessions on the Fixed-term Parliaments Act 2011. The Committee will hear from former Cabinet Secretary Lord Butler of Brockwell, former Clerk of the House of Commons Lord Lisvane, and academics Professor Gavin Phillipson and Carl Gardner.
The Committee is considering the operation and implications of the Fixed-term Parliaments Act 2011. It is questioning how the Act has worked in practice, how the 14-day period following a successful no confidence motion would work, the Act's effect on the concept of the House of Commons having 'confidence' in the Government, and what the consequences of repealing or amending the Act might be.
Speaking to the Committee at 10.30am will be:
- Lord Butler of Brockwell
- Lord Lisvane
Questions are likely to include:
- What is your overall view of the Fixed-term Parliaments Act 2011? What are the Act's advantages and disadvantages?
- To what extent has the FTPA led to a meaningful transfer of power from the Prime Minister to Parliament?
- What benefits were there of fixing—notwithstanding the early general election provisions—the 2010-15 Parliament?
- What are the practical implications for a Government's operations in losing a no confidence vote?
- Should the Act be amended or repealed? If so, what replacement provisions, if any, are required to set the maximum length of parliaments and to allow for early general elections?
- If the Act was amended, should the prerogative power to prorogue Parliament be made statutory and subject to approval by the Commons?
Speaking to the Committee at 11.15am will be:
- Professor Gavin Phillipson, Prof. of Public Law and Human Rights, University of Bristol
- Mr Carl Gardner, Open University
Questions are likely to include:
- To what extent has the Fixed-term Parliaments Act changed the constitution? Have these changes been positive or negative
- What constitutional and legal obligations is the Prime Minister under in the 14 days following a defeat in a no confidence motion?
- Should the Act be amended or repealed?
- What would be the legal effects of repealing the Act?
- In light of recent developments, should prorogation remain a prerogative power? If not, what would be an appropriate alternative?
