Bill briefing: Fixed-term Parliaments Bill

The Fixed-term Parliaments Bill removes the power to call a general election from the government of the day by establishing fixed dates for the ballot to take place.

Under this legislation the next general election would be held on 7 May 2015 with subsequent elections every five years on the first Thursday in May. Therefore the next five general elections would be as follows:

• Thursday, 7 May 2015
• Thursday, 7 May 2020
• Thursday, 1 May 2025
• Thursday, 2 May 2030
• Thursday, 3 May 2035

The Bill also provides for ‘early’ general elections – ones which take place outside the dates fixed above. In order to call an election the government must win a vote in the Commons with a majority of two-thirds or more.

An early election can also take place if the government loses a vote of no confidence and cannot regain the support of a majority of MPs in the following 14 days.

Unlike the system used for devolved elections an early general election resets the date of the next one. If the early election takes place before May the next scheduled election will occur in the May of the fourth calendar year that follows. If the election takes place after May then the period is five years.

Proposals to remove the government’s discretion in setting the date of the general election were first put forward by Gordon Brown in the Governance of Britain Green Paper, although these only went as far as involving MPs in the decision to dissolve Parliament.

The Labour Party’s 2010 manifesto contained a commitment to fixed-term parliaments, as did that of the Liberal Democrats. The Conservative manifesto did not mention the issue, but the coalition agreement of May 2010 committed the government to legislation.

Supporters of fixed-term parliaments argue that the current system gives the government too much power to set the date of elections at the time most favourable to them.

However, the proposals have been criticised for several reasons. The requirement that a two-thirds majority of MPs is necessary to pass the motion for an early general election is seen as undermining the long-held principle that a simple Commons majority is sufficient for a binding decision.

On 7 September Dr Malcolm Jack, Clerk of the House of Commons, warned the Constitutional Affairs Committee that placing the dissolution of Parliament on a statutory basis could mean the decision could be challenged in court. This could lead to a delay in holding the general election.

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