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Cameron defends rule change plan Cameron defends rule change plan
(29 minutes later)
David Cameron has defended plans to change the rules on how an election is called, saying they will help the stability of his coalition government. David Cameron has said his government's plans for fixed term parliaments are a "huge" and "good" change - amid concern some changes amount to a "stitch up".
The Lib Dem-Tory deal agrees to fixed-term parliaments which can only be dissolved with support from 55% of MPs. He said he was the first British PM to give up power over when an election was called and that should be "welcome".
Labour MPs say it is a "fix" as 50% of MPs plus one can currently trigger a no confidence vote in the government. But Labour and some of his own MPs have attacked plans to allow 55% of MPs to vote for Parliament to be dissolved.
Mr Cameron said he was the first prime minister to give up power to call an election and this was a "good change". Tory Christopher Chope said it may be a "recipe for anarchy", as 51% of MPs could back a no-confidence vote.
Speaking on a visit to the Scottish Parliament, Mr Cameron said there needed to be a "mechanism" to dissolve Parliament and the procedure he was proposing would help to secure a "strong and stable government" over the next five years. The Lib Dem-Tory coalition deal builds on the Lib Dem manifesto commitment to fixed-term parliaments. It commits the government to a five-year term - rather than, as currently, allowing the prime minister to choose when to call an election within a five-year period.
'Good arrangement' Constitutional concerns
"It is an important change and one I think should be welcome," he said, on a visit to Scotland to meet First Minister Alex Salmond and other party leaders. But concerns have been raised about a clause in the document which says the legislation "will also provide for dissolution if 55% or more of the House votes in favour". The current threshold for a no-confidence vote, of 50% plus one MP, will remain unchanged.
"I'm the first prime minister in British history to give up the right unilaterally to ask the Queen for a dissolution of Parliament. This is a huge change in our system, it is a big giving up of power. Three Conservative MPs - Richard Ottoway, Christopher Chope and Charles Walker have raised concerns about it, saying they believe it could be unconstitutional - as it would mean a government that did not have the support of a majority of MPs - 51% - would not fall.
This is perhaps just a little too much for our unwritten constitution to bear Charles Walker Conservative MP Q&A: The 55% rule Send us your comments That would be basically a recipe for anarchy Christopher Chope Conservative MP Q&A: The 55% rule Send us your comments
"Clearly, if you want a fixed-term Parliament you have to have a mechanism to deliver it. Mr Chope told the BBC: "It could mean in practice that if the present government was to lose its majority in Parliament, and wasn't able to operate as a minority government because it didn't enjoy the confidence of a sufficient number of MPs ... it would be able to carry on. But that would be basically a recipe for anarchy, because it would mean that the government wouldn't have a majority."
"Obviously that is a mechanism that can be debated in the House of Commons, it can be discussed, but I believe that it is a good arrangement to give us strong and stable government." Mr Ottoway told the BBC Conservative MPs "desperately need some clarification pretty quickly". He said he was "confused" as to why the proposal was needed in the first place. He said a senior minister needed to consult and explain the situation to backbenchers, rather than the "constitutional incoherence that's going on at the moment".
Downing Street says Labour put through fixed-term laws in Scotland requiring 66% of MSPs to dissolve Parliament. And Labour figures such as David Blunkett, Lord Adonis, Jack Straw and Lord Falconer have hit out at the plans with Mr Straw condemning it as "completely undemocratic and totally unworkable" and Mr Blunkett describing it as a "stitch-up".
The prime minister has the power to ask the Queen to dissolve parliament at any time within a five-year period - which critics say benefits the ruling party. 'Good change'
The new coalition government has instead proposed to have five-year fixed term parliaments. But in a coalition agreement drawn up between the Conservatives and Liberal Democrats, it says legislation "will also provide for dissolution if 55% or more of the House votes in favour". Speaking on a visit to the Scottish Parliament, Mr Cameron said the changes would provide a "strong and stable government" over the next five years and should be "welcome".
Currently a majority of MPs - 50% plus one - are needed to carry a vote of no confidence. In 1979 James Callaghan's minority Labour government fell after losing a confidence vote. He said: "I'm the first prime minister in British history to give up the right unilaterally to ask the Queen for a dissolution of Parliament. This is a huge change in our system, it is a big giving up of power. Others have talked about it, people have written pamphlets and made speeches about fixed-term parliaments, I have made that change. It's a big change and it is a good change."
Four senior Labour figures - and two Conservative backbenchers, Christopher Chope and Charles Walker, have expressed concern about the plans. He added: "Here in the Scottish Parliament you actually require a vote of 66% of MSPs to change the arrangements - we have argued for the case of 55% - but clearly if you want a fixed term parliament, you have to have a mechanism to deliver it. Obviously that is a mechanism that can be debated in the House of Commons, it can be discussed, but I believe that it is a good arrangement to give us strong and stable government."
Mr Walker said: "This is perhaps just a little too much for our unwritten constitution to bear". And his colleague Mr Chope told BBC Radio 4's World at One the coalition deal seemed to have been "cobbled together in quite a short space of time". 'Not a monstrosity'
'Totally unworkable' Former Lib Dem MP David Howarth, a legal academic who drew up the original Lib Dem plans for a fixed-term parliament, told the BBC that in other countries with fixed-term parliaments, if a government lost a vote of confidence the parties would have to try to work out a new government within the fixed term, he said.
He said: "It could mean in practice that if the present government was to lose its majority in Parliament, and wasn't able to operate as a minority government because it didn't enjoy the confidence of a sufficient number of MPs ... that then what's being suggested is that it would be able to carry on but that would be basically a recipe for anarchy, because it would mean that the government wouldn't have a majority."
Former Transport Secretary Lord Adonis called it a "brazen attempt to gerrymander the constitution which calls into question the legitimacy of the coalition from day one".
Mr Straw said the plan was "completely undemocratic and totally unworkable" while Mr Blunkett described it as a "stitch-up".
Labour former Lord Chancellor Lord Falconer - a supporter of fixed-term parliaments told BBC Newsnight he feared it would result in a "zombie government" - as it would mean 53% of MPs could vote against a government but it would still continue until the fixed date.
But former Lib Dem MP David Howarth, a legal academic who drew up the original Lib Dem plans for a fixed-term parliament, told the BBC the vote of confidence and dissolution of Parliament were "entirely different things" and said Mr Straw was "totally confused".
In other countries with fixed-term parliaments, if a government lost a vote of confidence the parties would have to try to work out a new government within the fixed term, he said.
He said critics had got "entirely the wrong end of the stick" adding: "This dissolution vote, the 55% for a dissolution, is not the same as, for a vote of confidence."He said critics had got "entirely the wrong end of the stick" adding: "This dissolution vote, the 55% for a dissolution, is not the same as, for a vote of confidence."
'Iffy politics' NEW CABINET class="" href="/2/hi/uk_news/politics/election_2010/8675705.stm">Who's Who: New government class="" href="/2/hi/uk_news/politics/election_2010/8677088.stm">At-a-glance: Coalition policies class="" href="/2/hi/uk_news/politics/election_2010/8678222.stm">No confidence threshold to rise class="" href="/2/hi/uk_news/scotland/8680816.stm">Cameron in Scotland for SNP talks class="" href="http://www.bbc.co.uk/blogs/haveyoursay/2010/05/the_coalition_governments_move.html">Send us your comments
A Downing Street spokeswoman said the old rule would still apply to no confidence votes - but should a government be defeated, it would not automatically trigger an election as a 55% vote would be required to dissolve parliament. There is also some disagreement among constitutional experts. Professor Peter Hennessy, of Queen Mary University of London University, told the BBC it looked like "very very iffy politics indeed" but Professor Robert Hazell, director of the Constitution Unit think tank, told the BBC: "It's not some constitutional monstrosity as people have supposed to have a slightly higher threshold. We already do this in Scotland."
NEW CABINET class="" href="/2/hi/uk_news/politics/election_2010/8675705.stm">Who's Who: New government class="" href="/2/hi/uk_news/politics/election_2010/8677088.stm">At-a-glance: Coalition policies class="" href="/2/hi/uk_news/politics/election_2010/8678222.stm">No confidence threshold to rise class="" href="/2/hi/uk_news/scotland/8680816.stm">Cameron in Scotland for SNP talks He added that if First Minister Alex Salmond lost a no-confidence motion, he would have to resign - and the same thing would happen in Westminster.
She said the details would all be debated and voted on in parliament and the former Labour government had put through the fixed-term legislation in Scotland which requires a 66% vote to dissolve parliament.
There is also some confusion among constitutional experts. Professor Peter Hennessy, of Queen Mary University of London University, told the BBC it looked like "very very iffy politics indeed" and there was a "certain brutal efficiency... about traditional confidence votes that one is enough and confidence votes under our system trump everything else".
But Professor Robert Hazell, director of the Constitution Unit think tank, told the BBC he understood the 55% threshold was intended to prevent the government from calling an early election without the consent of both coalition partners - effectively protecting the Lib Dems.
"It certainly won't prevent the opposition from tabling confidence motions on which the normal threshold of 50% will and should, continue to apply."
Even for this to be theoretically possible is, I'm afraid, outrageous and unconscionable Lawyer Carl Gardner Read a round-up of analysis by lawyers, MPs and academics
The Conservatives currently have 306 out of 649 MPs - a 47% share.The Conservatives currently have 306 out of 649 MPs - a 47% share.
One seat, Thirsk and Malton, is empty, pending a by-election on 27 May, while Sinn Fein's five MPs have not taken the oath of allegiance allowing them to sit in Parliament.One seat, Thirsk and Malton, is empty, pending a by-election on 27 May, while Sinn Fein's five MPs have not taken the oath of allegiance allowing them to sit in Parliament.
It would be impossible for opponents, even if fully united, to muster the 55% needed to dissolve Parliament, unless at least 16 Tories rebelled against their party leadership.It would be impossible for opponents, even if fully united, to muster the 55% needed to dissolve Parliament, unless at least 16 Tories rebelled against their party leadership.