A debate has been raging on Twitter and elsewhere about the new coalition’s proposal to legislate to require a 55% Commons majority to dissolve Parliament. Quite a few people are arguing that I and others have got this wrong, and that the proposal is not so awful as it’s been painted.

The central misunderstanding, it’s said, is that a vote for dissolution is not the same as a vote of no confidence; it would still be possible for 51% of Parliament to vote a government down, and force it to resign, according to this argument. Mark Pack has argued that understanding this distinction is the key to “getting” the proposal, and so has Keith Death. So a Commons majority’s inability to force an election if, say, the coalition broke down would not mean a minority Tory government could remain in office. Many, like loveandgarbage, argue that an enhanced threshold like this applies under the Scotland Act, and is no big deal; the coalition simply wants the same sort of rule.

James Medhurst has also put me right, by reminding me that Labour’s manifesto included a promise of fixed-term Parliaments. Quite right, James, I should have remembered that, but didn’t.

Good points, all. But I’m not satisfied – not by a long chalk.

First, let’s look at the Scotland Act. It’s quite true that section 3(1)(a) only permits an “extraordinary general election” (i.e. one before the Parliament runs its full term) if two-thirds of the Parliament votes for one. But you have to bear in mind section 3(1)(b), too, which requires an election if the Parliament is unable to decide who should be First Minister. Section 46 deals with the nomination of a First Minister, and makes it clear the Parliament has 28 days in which to decide on one. Finally, Rule 11.10 of the Standing Orders of the Scottish Parliament sets out the procedure for nominating a First Minister. Those rules are complex, but if you consider paragraphs 5, 7, 8, 9 and 13 you realise that any candidate ultimately needs a simple majority in his or her favour in order to be nominated. It’s possible for MSPs to abstain, and allow a minority preference to be nominated; but it’s also possible for a determined minority of 51% to block any nomination, and thus force an election under section 3(1)(b) of the Act. The Scottish system therefore contains a “safety valve” requiring dissolution if a Parliamentary majority wants one. It isn’t true to say it always requires an enhanced majority for dissolution as a hard and fast rule.

If the coalition wants a similar system to that, it would make their 55% proposal more palatable. But do they? It seems to me that to do so would actually defeat the purpose of the 55% rule.

Think about it this way. If the LibDems left the coalition, then they, Labour and others could get together and vote the government out of office. David Cameron would have to resign, according to Mark Pack and Keith Death. But who would govern in his place? If you have a hard and fast 55% threshold for dissolution, then the majority would have to form some sort of arrangement to govern together, the progressive coalition would be mandatory, and (because it would only have 53% of the seats) could not seek a mandate without Conservative agreement, even if it wanted to. But what if the progressive coalition couldn’t agree? Would Harriet Harman, as leader of the second party, have to form a government? If you think about it she would have to be tolerated by the failed progressive coalition, or else she’d be defeated on a confidence vote, too, and would have to resign. On this logic, politicians who could not agree on a programme would be forced to tolerate an unwanted minority government, or else leave the country without any sort of government at all. The country would be at the mercy of the Conservative party, and we’d have to hope its MPs acted sensibly

And of course these decisions – Labour’s and the LibDems’ decision whether or not to work together, Plaid’s, the SDLP’s and others decisions whether to join in and so on – would have to be taken within the short period between David Cameron’s resignation following the no confidence motion and the summoning of a new PM. How long would be allowed? Would the country be without a government for days? Or would (as my original post feared) a minority Conservative government be allowed to stay in office anyway, pending an alternative?

When you take all this in, you realise that the distinction between a no confidence vote and a vote for dissolution is a vanishing one. If the LibDems left the coalition, they would first need to decide whether or not they could strike a deal with Labour and others. If so, they could vote down the remaining Conservative administration, and the Queen could send for Harriet Harman. But if not, there would be no point whatever in a no confidence motion. The 55% rule would operate just as intended – as a deterrent to such a motion. It would indeed protect a minority Conservative government even if it did not have the confidence of the House.

It’s quite true that 51% of MPs could vote to repeal the 55% rule, so rendering it ineffective in the first place. But first, that depends on the current administration allowing Parliament to debate and vote on a Bill introduced by opposition MPs. Could we be sure it would do so? Second, that assumes the coalition is not intending to “entrench” its 55% rule, by for instance requiring a 55% majority to repeal it. That would be really dangerous constitutional fiddling – but then the 55% rule is dangerous constitutional fiddling anyway. I wouldn’t put it past them.

What are the alternatives? Well, you could have the Scottish safety valve I described above, which would allow a 51% majority to force a dissolution, after all – you would simply have a 28 day waiting period, and no truly fixed-term Parliament at all.

A much better way of achieving what I think the coalition wants is a public agreement that a 51% majority in Parliament must agree before the PM could seek a dissolution from the Queen – arguably creating a new constitutional convention about dissolution. Or, if that’s not firm enough for them, they could pass legislation requiring a 51% majority resolution before the PM could ask for a dissolution. That would prevent David Cameron from seeking a dissolution without LibDem agreement. But it would not protect him from Parliamentary accountability.

The 55% proposal remains a bad, undemocratic one, and should be opposed. None of the arguments anyone has made have persuaded me otherwise.

2010-05-13T13:00:47+00:00Tags: , , |