Brace yourselves for another power grab as Tories could delay next election

WHILE nobody was looking, earlier this week the UK Government published a bill for the repeal of the Fixed-term Parliaments Act 2011.

Under that Act, a General Election is automatically scheduled for the first Thursday in May of the fifth year after the previous general election. In other words, the next election should have been in May 2024 – except that the new Repeal Act throws out the May date.

It instead ensures that Boris Johnson or his successors need not call a General Election until December 2024.

The law was introduced by then-prime minister David Cameron as part of his deal with the LibDems in the coalition government. Under the Fixed Terms Parliament Act, the support of at least two-thirds of MPs is needed to trigger an early election.

Former prime minister Theresa May was the first to get an early election, and a fat lot of good it did her.

The problem with breaking the five-year Act was shown in the Commons last year, during its long crisis just two years into its five-year term.

Readers will recall that votes on calling an early general election twice failed to gain enough support for an early election. The Government had to circumvent the Act by bringing in a new Act specifically for the 2019 election and MPs duly supported it. A furious Boris Johnson vowed to get back his power to call elections when he wants.

WHAT DOES THE PROPOSED NEW LAW SAY?

BASICALLY, it repeals the 2011 Act in total: “The powers relating to the dissolution of Parliament and the calling of a new Parliament that were exercisable by virtue of Her Majesty’s prerogative immediately before the commencement of the Fixed-term Parliaments Act 2011 are exercisable again, as if the Fixed-term Parliaments Act 2011 had never been enacted.”

Anyone denying that this is a Johnsonian power grab should know this – when the bill is passed – and the Tory sheep will ensure that it does – it will be the first time in history that a power claimed by Parliament for itself is passed back to the Prime Minister.

The bill does indicate that five years should be the maximum time between elections. At least Boris isn’t planning a dictatorship for life.

WHAT’S THE REALLY SINISTER BIT?

LAST September, Boris Johnson announced he was dissolving Parliament for five weeks in the build-up to the then-Brexit deadline of October 31.

SNP MP Joanna Cherry QC and colleagues soon put a stop to that in the Scottish courts. Prominent Remainers such as Gina Miller joined in the challenge to the decision that was decided in the Supreme Court, to the humiliation of Johnson.

The Supreme Court said in its ruling: “The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.”

The Government’s minister for the 18th century, Jacob Rees-Mogg, described it at the time as a “constitutional coup” rather than the egregious attempt to undermine Parliament that the prorogation really was. Johnson was determined to get his revenge and put in the Conservative manifesto for last year’s General Election that he would scrap the Fixed Term Act. The manifesto stated: “We will get rid of the Fixed-term Parliaments Act – it has led to paralysis at a time the country needed decisive action.”

The manifesto also stated: “As Conservatives, we stand for democracy and the rule of law. Our independent courts and legal system are respected throughout the world.”

So, how come the Repeal Bill contains the following: “A court of law may not question – (a) the exercise or purported exercise of the powers referred to in section 2, (b) any decision or purported decision relating to those powers, or (c) the limits or extent of those powers”? In other words, once Boris or his successors say “parliament is prorogued”, there can be no court challenge.

Johnson’s Government isn’t even attempting to hide its vengeance on the courts, briefing that the bill will “clarify” that the Supreme Court can have no role in determining the “limits or extent” of the Prime Minister’s ability to dissolve Parliament, including on the advice given to the monarch.

WHAT EFFECTS COULD THE REPEAL HAVE?

IN short, it is a devastating blow to Parliament and the courts. MPs will no longer have the power to decide on whether or not to have an early general election – that power, using the Royal prerogative, will be reserved to the incumbent in No 10 Downing Street.

What a huge political advantage that is – no matter what party is in power, the PM can decide when to go to the country. There is even an argument that the PM could ignore a no confidence vote or his own party’s demand for an early election, and no-one can argue against it in court. So much for the party of law and order as Britannia waives the rules yet again.

Michael Gove, Minister for the Cabinet Office, stated: “The overriding principle of our constitution should be that the Government of the day has the confidence of the House of Commons. The (2011) Act’s codification of confidence motions and its regime of fixed five-year parliaments undermines this democratic necessity, hindering the function of representative democracy by making it harder to have necessary elections.”

In other words, a power grab by any other name.