Sixth Report - The Fixed-term Parliaments Act 2011
Select Committee
Public Administration and Constitutional Affairs Committee
HC 167
15 September 2020
Government response
Sixth Special Report - The Fixed-term Parliaments Act 2011: Government’s response to the Committee’s Sixth report of Session 2019–21 · published 9 Dec 2020
Recommendations & Conclusions
9 results
1
Conclusion
Rejected
Para 17
The Fixed-term Parliaments Act clearly achieved the purpose of removing the discretion of the Prime...
Conclusion
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 …
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Government Response Summary
The government rejects the committee's conclusion that future legislation should maintain fairness by removing the Prime Minister's discretion to call an election. It argues such a power does not provide an electoral advantage and plans to return to a system where Parliament is dissolved on the PM's advice.
2
Conclusion
Rejected
Para 18
It is clear that the Act has shifted the balance of power from the executive...
Conclusion
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 …
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Government Response Summary
The government states its draft Bill will repeal the FTPA and revive the Prime Minister's prerogative powers for dissolution, returning to a system where the PM chooses the election timing. This rejects the committee's call for careful consideration of power balance and avoidance of executive dominance.
3
Conclusion
Rejected
Para 19
The Act has clearly also altered the default expectation with regards to the timing of...
Conclusion
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 …
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Government Response Summary
The government plans to repeal the FTPA and revive the Prime Minister's power to call early elections at their choosing, while retaining a five-year maximum term. This rejects the committee's preferred default expectation that parliaments should normally run their full five-year term, with exceptions only for deadlock or no confidence.
4
Recommendation
Rejected
It is clear that one of the main purposes of the Fixed-term Parliaments Act 2011...
Recommendation
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 …
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Government Response Summary
The government rejected the specific recommendation to establish a system that explicitly accommodates different government types, instead favouring a return to pre-FTPA flexibility. It notes it awaits the Joint Committee's findings on the system of dissolution.
7
Recommendation
Rejected
Para 50
The question of whether or not the dissolution prerogative can be restored is a complex...
Recommendation
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 …
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Government Response Summary
The government's draft Bill makes express provision to revive the prerogative powers relating to dissolution, including an ouster clause to make their exercise non-justiciable. This rejects the committee's recommendation to set election arrangements directly in statute rather than attempting to revive the prerogative.
8
Recommendation
Rejected
While not all members of the Committee would oppose such a move, it is also...
Recommendation
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 …
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Government Response Summary
The government rejects the recommendation to establish a new system, instead confirming its draft Bill explicitly revives the prerogative powers for dissolution of Parliament and calling elections as they existed before the FTPA, including an ouster clause for non-justiciability.
10
Recommendation
Rejected
Para 69
It is clear that the inability for the House of Commons to set the date...
Recommendation
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 …
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Government Response Summary
The government rejects the recommendation for a review committee to consider mechanisms for the House of Commons to set the early election date. It states that the date will continue to be set by Royal Proclamation on the advice of the Prime Minister, without parliamentary approval.
15
Recommendation
Rejected
Changing the current arrangements to allow the Government to designate a vote a matter of...
Recommendation
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 …
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Government Response Summary
The government rejects the committee's assessment of the FTPA and its caution regarding restoring the government's ability to designate confidence votes. It asserts that restoring the link between confidence and dissolution is 'vital' for an effective democracy, but states it will also carefully consider the conclusions of the Joint Committee.
16
Recommendation
Rejected
The Supreme Court’s decision in the Miller-Cherry case highlights that at the heart of the...
Recommendation
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 …
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Government Response Summary
The government rejects the recommendation to include the power of prorogation in statute in the review committee's terms of reference, stating that prorogation is a separate issue from the FTPA and their Bill is narrowly focused on dissolution.