The Fixed-term Parliaments Act 2011

Public Administration and Constitutional Affairs Committee Closed Inquiry
Opened: 4 Mar 2020 Closed: 9 Mar 2021 Parliament page
The Fixed-term Parliaments Act 2011 is the law governing the dissolution of Parliament and the calling of UK general elections. The Government has said it intends to repeal the Act and the Opposition also set this commitment out in its manifesto – but no proposals for replacing it have yet … Read more
3 Recommendations
13 Conclusions
1 Report
3 Oral sessions
5 Letters
3 Events
Activity timeline 13 events
6 Jul
2021
Correspondence
9 Dec
2020
Report published
8 Dec
2020
Correspondence
10 Nov
2020
Correspondence
8 Oct
2020
Correspondence
15 Sep
2020
Report published
21 Jul
2020
Oral evidence
21 Jul
2020
Formal meeting (oral evidence session) · Room 6, Palace of Westminster
2 Jun
2020
Oral evidence
2 Jun
2020
Formal meeting (oral evidence session) · Virtual meeting
24 Apr
2020
Oral evidence
24 Apr
2020
Correspondence
Oral evidence sessions 3 sessions
21 Jul 2020
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The Fixed-term Parliaments Act 2011
Chloe Smith MP · Cabinet Office Rt Hon Mark Harper MP · Department for Transport
2 Jun 2020
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The Fixed-term Parliaments Act 2011
Professor Alison Young · University of Cambridge Professor Gavin Phillipson · University of Bristol Professor Petra Schleiter Professor Philip Cowley
24 Apr 2020
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Fixed-term Parliament Act 2011
Lord O’Donnell Sir Stephen Laws
Title HC No. Published Items Response
Sixth Report - The Fixed-term Parliaments Act 2011 HC 167 15 Sep 2020 16 Responded
Recommendations & Conclusions
16 results
1 Conclusion
Sixth Report - The Fixed-term Parl…
The Fixed-term Parliaments Act clearly achieved the purpose of removing the discretion of the Prime...
The Fixed-term Parliaments Act clearly achieved the purpose of removing the discretion of the Prime Minister to call an election at a time of his or her choosing. It removed the ability of the incumbent party of government to time … Read more
Government Response
As a result of the FTPA, Her Majesty does not currently have any residual power to dissolve Parliament. Instead, an early dissolution either requires the support of two-thirds of MPs, … Read more
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2 Conclusion
Sixth Report - The Fixed-term Parl…
It is clear that the Act has shifted the balance of power from the executive...
It is clear that the Act has shifted the balance of power from the executive to the legislature. It is less clear if the right balance of power has yet been struck. While there should not be a return to … Read more
Government Response
The Government’s draft Bill, which has been published for pre-legislative scrutiny, will repeal the FTPA and revive the prerogative powers relating to the dissolution of Parliament (and the calling of … Read more
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3 Conclusion
Sixth Report - The Fixed-term Parl…
The Act has clearly also altered the default expectation with regards to the timing of...
The Act has clearly also altered the default expectation with regards to the timing of elections. The expectation is now that, where the Government has a working majority, a Parliament will normally last a full five-year term. Given that there … Read more
Government Response
As the Committee observes, since 2015 the Act has not had its intended effect. Neither the 2015 Parliament nor the 2017 Parliament lasted for a full-five year term. The fact … Read more
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4 Conclusion
Sixth Report - The Fixed-term Parl…
It is clear that one of the main purposes of the Fixed-term Parliaments Act 2011...
It is clear that one of the main purposes of the Fixed-term Parliaments Act 2011 was to provide assurance to the Coalition partners that an early election would not be called. The fact that the Coalition Government was maintained for … Read more
Government Response
We note that the 2011 Act was passed by the Coalition Government in order to provide stability to that administration. However, we would question the merits of making such fundamental … Read more
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5 Recommendation
Sixth Report - The Fixed-term Parl…
The Committee welcomes the Government’s commitment not to rush through replacement legislation and to provide...
The Committee welcomes the Government’s commitment not to rush through replacement legislation and to provide adequate time for full scrutiny. We also appreciate the Minister’s commitment to forging cross-party support for whatever replaces the Fixed-term Parliaments Act. The first step, … Read more
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6 Conclusion
Sixth Report - The Fixed-term Parl…
The Committee does not recommend a particular composition for the review committee beyond that set...
The Committee does not recommend a particular composition for the review committee beyond that set out in the Act. But the Committee believes that the review committee should be a Joint Select Committee, subject to parliamentary approval and not an … Read more
Government Response
To fulfil its statutory responsibilities under Section 7 of the FTPA the Government tabled a motion, in the House of Commons on 10 November, to make arrangements for a committee … Read more
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7 Conclusion
Sixth Report - The Fixed-term Parl…
The question of whether or not the dissolution prerogative can be restored is a complex...
The question of whether or not the dissolution prerogative can be restored is a complex one, which involves fundamental constitutional principles. It clearly was the intention of the Government in 2011 to abolish the prerogative, but the wording of the … Read more
Government Response
The Government recognises that there is a debate about whether the dissolution prerogative can be revived without specific legislation to do so. To provide for legal, constitutional and political certainty … Read more
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8 Recommendation
Sixth Report - The Fixed-term Parl…
While not all members of the Committee would oppose such a move, it is also...
While not all members of the Committee would oppose such a move, it is also cognisant that reviving the prerogative would mean taking a power that is set out in statute and regulated by Parliament and handing it back to … Read more
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9 Conclusion
Sixth Report - The Fixed-term Parl…
The two-thirds ‘super majority’ required to trigger an early election under the Act can, like...
The two-thirds ‘super majority’ required to trigger an early election under the Act can, like any statutory provision, be circumvented by passing an Act of Parliament to set an election date. As was made clear to the Committee the option … Read more
Government Response
The FTPA, in providing that a two-thirds majority is required to bring about an early general election, served to hinder the calling of elections, and as the events of 2019 … Read more
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10 Conclusion
Sixth Report - The Fixed-term Parl…
It is clear that the inability for the House of Commons to set the date...
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 … Read more
Government Response
It has long been the position that the date of the election is set by Royal Proclamation on the advice of the Prime Minister. This was reflected in the FTPA … Read more
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11 Recommendation
Sixth Report - The Fixed-term Parl…
The principle that the Government must have, and retain, the confidence of the elected House...
The principle that the Government must have, and retain, the confidence of the elected House of Commons is fundamental to our system of Parliamentary democracy. The Committee fully endorses the findings of our predecessor Committee on the operation of confidence … Read more
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12 Conclusion
Sixth Report - The Fixed-term Parl…
It is clear that some mix of statue and convention is the best way for...
It is clear that some mix of statue and convention is the best way for this area to be governed, but this requires the actors involved to act in ways which engender trust.
Government Response
8 Sixth Special Report of Session 2019-21
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13 Conclusion
Sixth Report - The Fixed-term Parl…
The Fixed-term Parliaments Act is compatible with the confidence principle and has not divorced confidence...
The Fixed-term Parliaments Act is compatible with the confidence principle and has not divorced confidence from dissolution. If the House of Commons wanted to trigger dissolution by removing confidence from the Government, it has that power under the Act. However, … Read more
Government Response
8 Sixth Special Report of Session 2019-21
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14 Conclusion
Sixth Report - The Fixed-term Parl…
Providing the House of Commons with the power to set the date of an election...
Providing the House of Commons with the power to set the date of an election could provide one route to avoid unnecessary paralysis at times of deadlock.
Government Response
8 Sixth Special Report of Session 2019-21
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15 Conclusion
Sixth Report - The Fixed-term Parl…
Changing the current arrangements to allow the Government to designate a vote a matter of...
Changing the current arrangements to allow the Government to designate a vote a matter of confidence that if lost would trigger a general election—an established practice under the old arrangements—could be a retrograde step. If it were included in any … Read more
Government Response
The Government does not share the Committee’s assessment of the effect of the FTPA, which, by codifying motions of confidence in statutory form, did divorce the issue of confidence from … Read more
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16 Conclusion
Sixth Report - The Fixed-term Parl…
The Supreme Court’s decision in the Miller-Cherry case highlights that at the heart of the...
The Supreme Court’s decision in the Miller-Cherry case highlights that at the heart of the UK’s constitutional arrangements is a fine but constantly-shifting balance of convention, principle and law, that provides clear guidance, but also flexibility. These arrangements, when working … Read more
Government Response
Sixth Special Report of Session 2019–21 9 As the Supreme Court itself noted, the circumstances of Miller / Cherry were exceptional and unlikely to arise again. The exercise of the … Read more
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Correspondence 5 letters
6 Jul 2021 To committee Letter from Chloe Smith MP, Minister of State for the Constitution and Devolution on Government’s Bill to repeal the Fixed-term Parliaments Act, dated 1.7.21
Parliament page
8 Dec 2020 To committee Letter from Chloe Smith MP, Minister of State for Constitution and Devolution on Fixed-term Parliaments Act, dated 1.12.20
Parliament page
10 Nov 2020 To committee letter from Chloe Smith MP and Lord True to Chair on the Government response to FtPA Report dated 02.11.20
Parliament page
8 Oct 2020 To committee Letter from Chloe Smith MP, Minister of State on Common Frameworks, dated 6.10.20
Parliament page
24 Apr 2020 To committee Letter from Chloe Smith MP, Minister of State on Fixed-term Parliaments Act 2011, dated 30.3.20
Parliament page