A General Election on Monday 9 December would require dissolution on Friday 1 November (unless election period or dissolution also altered by legislation) meaning a Bill would need Royal Assent by Thursday 31 October.
Such a Bill also cannot be debated until Tuesday 29 October.
One presumes the core disagreement about the date (9th vs 12th) is therefore actually about dissolution. GE on 12th would give Parliament 5 current sitting/8 calendar days to pass the WAB (assuming extension and timetable agreed Monday) whereas 9th only Tuesday/Wednesday left.
There is a bit of a “chicken and egg” scenario going on at the moment where it appears EU’s choice of 14-day v 3-month extension depends on whether it’s for the Bill or for a GE, but there isn’t agreement among MPs which path to take until they know what length the extension is.
What the publication of this draft Bill and the political responses to that potentially do is indicate to the EU which of those two paths is the more viable in terms of securing an orderly resolution to the Article 50 process (whatever that end may be).
The Bill is also interesting in its own right in terms of providing a formula for the future whenever the Commons is unwilling to give unconditional support for an early General Election, or for whatever reason wants greater assurance about the date on which it is to be held.
Thought of another way the Fixed-term Parliaments Act essentially allows the Government to set the date of an election if it is carrying a broad sweep of the House of Commons with it. Otherwise the legislature retains ultimate control over whether and when early elections happen.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Today the Government introduced a bill to repeal the Fixed-term Parliaments Act. This bill differs from the draft bill published in December 2020 in several important respects.
Be warned, this is a mega🧵but for the geeks, hopefully a useful summary of where we are.
The first most visible change is to the bill's title. It no longer refers to repealing the 2011 Act. This responds to an accessibility point raised by the @JointCtteeFTPA.
The Dissolution and Calling of Parliament Bill is more RONSEAL. It make laws about what it says on the tin.
The second notable change is on election timetabling.
Under the FtPA, dissolution triggers an election.
Under the draft bill, it wouldn't have (on its own).
Witnesses to @JointCtteeFTPA observed this left open a theoretical risk of Governments "governing without Parliament".
Ratification of a Future Relationship Treaty by the UK [THREAD]
The UK Government cannot ratify a treaty with the EU unless and until it has complied with, or disapplied, Part 2 of the Constitutional Reform and Governance Act [1/x]
The default rule is that the Government has to lay a copy of any treaty it reaches with an international organisation. It then has to give Parliament 21 joint sitting days to scrutinise the treaty.
That means both Commons and Lords must be sitting for each of those 21 days [2/x]
How long is 21 joint sitting days? The Commons is only expected to sit Monday-Thursday each week for the rest of 2020.
Parliament usually is in recess (at least) between Christmas and New Year.
This leaves only 15 Commons sitting days in December (1-3, 7-10, 14-17, 21-24) [3/x]
Both the Advocate General for Scotland and the Attorney General have argued in recent days, that section 19 of the Human Rights Act 1998 provides a precedent for the UK legislating contrary to its international obligations.
[THREAD] [1/15]
The Government's argument seems to be that this illustrates both how:
(a) domestic law and international law sometimes come into conflict; and
(b) this sometimes justifies Ministers acting contrary to international law and/or Parliament legislating contrary to it. [2/15]
Specifically, they point to section 19 of the Human Rights Act 1998. This provision imposed a new obligation on Ministers when introducing a Bill before Parliament.
A Minister has to make one of two statements, in writing, when they are introducing a Bill. [3/15]
The default rule about "commencement regulations" is that they are made by a Minister without any form of Parliamentary approval. By default, that is what would happen with clauses 42, 43 and 45 (the ones that break, and enable the Government further to break, international law).
This amendment would mean that the commencement regulations for each of those sections is subject to a further vote by the @HouseofCommons. A motion would have to specify which sections were coming into force and on what date.
I got something wrong in a couple of Tweets about 15 minutes ago, but useful to explain what I got wrong and why.
Latest press briefing is that people will soon be allowed to exercise outside with one person from another household (if socially distanced). (1)
Contrary to what I originally said, it's not clear that you could do this at the moment. Why?
(a) you can be outside the house for exercise
and
(b) only some gatherings of more than 2 people are prohibited
But from that it doesn't follow two people can exercise together. (2)
This is because you need a "reasonable excuse" to be outside. There's a list of reasonable excuses and it includes exercise, but it's a bit more specific. It says you can be out "to take exercise either alone or with other members of their household". (3)
Sunset clauses are an important safeguard against the use of unusually broad or general executive powers. They also take different forms: (a) time limiting provisions in an Act (b) time limiting the power to make regulations or (c) time limiting the effect of regulations. (1/8)
The purpose is to ensure e.g. that emergency powers are not used beyond what is needed to deal with genuine conditions of emergency. In the UK it gives Parliament a safety valve in case it thinks an emergency no longer pertains or Gov't measures are no long appropriate. (2/8)
Our existing emergency legislation already tries to strike that balance. The Civil Contingencies Act 2004, for example, provides two key time limits. Regs lapse after:
(a) 7 days from the point they are LAID; and
(b) no more than 30 days after they are MADE. (3/8)