Draft bill published to end fixed term Parliaments

The UK Government has published a draft bill to repeal the Fixed-term Parliaments Act 2011 and restore the Prime Minister's power to seek an early dissolution of Parliament – including a provision to prevent the judicial scrutiny of the exercise of the power. 

In a foreword, Michael Gove, Minister for the Cabinet Office, states: "The overriding principle of our constitution should be that the Government of the day has the confidence of the House of Commons. The Act's codification of confidence motions and its regime of fixed five year Parliaments, undermines this democratic necessity, both hindering the function of representative democracy by making it harder to have necessary elections."

He adds that since 2015, the 2011 Act has not had its intended effect. Neither the 2015 Parliament nor the 2017 Parliament lasted for a full-five year term; and the Act also created uncertainty as to what happens when a no-confidence vote is passed under the Act and how it might operate in practice. 

On reviewability, Mr Gove states: "The long standing position is that dissolution is not reviewable by the courts and judgement on the Government’s actions in such matters should be left to the electorate at the polling booth or, in extremely exceptional circumstances, to the Sovereign. In light of this, to ensure maximum certainty on the timing of a parliamentary election, the bill contains an ouster clause to make clear that the exercise of the prerogative powers to dissolve Parliament, and the extent of those powers is non-justiciable."

However it appears to be confined to the dissolution (which has to be followed by a general election) as opposed to the prorogation (the temporary suspension between sessions) of Parliament, and not to affect last year's decision by the UK Supreme Court that the courts could determine that Parliament had been unlawfully prorogued.

The bill retains certain aspects of the 2011 Act to ensure the continued operability of the electoral system. It does not change the 25 working day period between dissolution and polling day. It also contains provision to fix the maximum length of a Parliament at five years, thereby returning to the position prior to the 2011 Act. 

Click here to view the bill and accompanying notes.