Is the Fixed-term Parliaments Act a dead letter?

The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.

On 19 April the House of Commons voted by 533 votes to 13 to support the Prime Minister’s motion for an early general election, easily surpassing the two-thirds threshold required for dissolution under the Fixed-term Parliaments Act 2011. In the preceding debate Conservative MPs such as Sir Edward Leigh and Jacob Rees-Mogg argued that the Fixed Term Parliaments Act served no useful purpose, and should be scrapped; while others such as Peter Bone said that it demonstrated the Act was working. Which of them is right? Was this a vindication of the Fixed-term Parliaments Act, in allowing a degree of flexibility, with the formal decision to hold an early election now being made by parliament, and not the executive? Or did it show that the Act is an emperor without clothes, as Sir Edward Leigh put it, because no opposition party can ever be seen to vote against the prospect of an early election?

There is a risk of the Fixed-term Parliaments Act being judged prematurely, on the basis of a single episode. This blog draws on a wider evidence base of how fixed term parliaments legislation works in other countries, set out in our 2010 report on fixed-term parliaments.  Almost all European countries have fixed terms, and in the Westminster world fixed-terms have recently been introduced in Canada, as well as most of the Canadian provinces, and most of the Australian states; only the Australian federal parliament, New Zealand and Ireland have no fixed-term laws, but in Australia and New Zealand the maximum term is three years. These countries show varying degrees of flexibility, with differing safety valves for extraordinary dissolution.

Mid-term dissolution is the most crucial aspect of any fixed term parliament law, balancing the need for government stability against democratic accountability. Key considerations are how and by whom dissolution may be initiated, what threshold must be reached, and any limitations on the process. The coalition government in 2010 initially proposed a 55 per cent threshold for dissolution, but that proposal was widely misunderstood to apply to no confidence motions as well. In introducing the Fixed-term Parliaments Bill, Nick Clegg set the record straight, explaining that no confidence motions would still require a simple majority; but raised the bar for government initiated dissolutions to two thirds of all MPs, based on the two thirds requirement in the devolution legislation. The justification for a higher threshold for government-initiated dissolution is that it should make it impossible for governments to call an early election without significant cross-party support.

But such a dual threshold is rare in other parliaments. Figure 1 sets out the threshold requirements for dissolution and confidence motions elsewhere in Europe.  In all cases the threshold for a no confidence motion is a simple or absolute majority (an absolute majority being of the total number of MPs, rather than of those voting). In those cases where dissolution can be triggered by a parliamentary vote, the threshold is the same

Figure 1. Source: K. Strøm et al, Delegation and Accountability in Parliamentary Democracy (Oxford: Oxford University Press, 2006), Table 4.12.

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