There will be Parliamentary elections on the 8th of June. Parliament was scheduled to sit until the next ordinary election in 2020 but the Prime Minister, Theresa May, decided to call a snap election while reflecting on the matter during some days of walking in the Welsh hills with her husband.
Only it was not the Prime Minister’s decision, but Parliament’s. Technically, the Prime Minister recommended to Parliament to call an election and Parliament so did, the House of Commons the very next day.
This provision came in with the Fixed-term Parliaments Act 2011 which removed the power to call snap elections from the Prime Minister. The intention of this Act is that Parliaments will sit five years, that everyone will know when the next election will be, and that Prime Ministers should not have the unfair advantage of being able to call an election whenever it suits his or her side. However, the Act also empowered Parliament to trigger an election before the end of the five years term, if there are exceptional circumstances and by a two-thirds majority in the House of Commons.
But although the snap election was technically called by Parliament, in reality it was the Prime Minister’s decision. It turned out that the Act had not practically moved that power to Parliament.
The 2017 election is unnecessary and has been triggered for obvious party-political and tactical reasons. It is exactly the kind of surprise election the 2011 Act was supposed to prevent. Why did Parliament go along with it? Even the opposition on its own had enough votes to deny the Prime Minister.
One answer is that the opposition caved in because it would otherwise look cowardly. That may be so but is not a sufficient explanation. The 2011 Act puts a duty on Parliament to consider if there are extraordinary circumstances to warrant an early election. The House of Commons, rubber-stamping the Prime Minister’s decision without delay, can hardly be said to have examined the circumstances carefully. It was simply ambushed. Remember that the House is not in control of its own agenda. It was for the government to decide that the House would deal with the issue the next day.
This is what should have happened: The Prime Minister recommends to Parliament that it triggers an early election. The House of Commons puts the matter to its relevant select committee for deliberation. That would, firstly, give the House a bit of time to collect itself and would enable debate on the matter in the press and in the country, at least a few days of time. Then, secondly, the committee would prepare a report on the proposal, putting it into its constitutional context and going over arguments for and against. The committee might make a recommendation to the House, or possibly majority and minority recommendations. Only then, and with the aid of careful deliberation in committee, would the House deal with the matter in plenum. The House would have escaped the ambush and it would be legitimate to turn the Prime Minister down if the deliberation had not turned up persuasive arguments for an extraordinary election. It might even be that the Prime Minister would not have called the snap election out of fear of being thwarted by Parliament.
Parliament might still have decided to grant the Prime Minister her wish, but it would not have been a foregone conclusion. And it is certain that without an institutionalised procedure of deliberation, Parliament could not have decided otherwise than it did.
Some general themes:
- It is not enough to technically empower Parliament in a certain matter. Parliament must follow up by instituting proper procedures to exercise its power with effect. Such procedures must be binding on Parliament itself so that they cannot be manipulated. The House of Commons should take control of its own agenda.
- The House of Commons does excellent work when given proper work to do. But in decision-making, it does not have adequate procedures and does not do the work it should.
- As things stand, Britain does not have a safe system of political decision-making.