Dissolution of Parliament (Permanent) Bill

A

BILL

TO

Confer power on the strong and stable Prime Minister to dissolve Parliament indefinitely.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

  1. The Prime Minister may dissolve parliament.
    (1) Once Parliament dissolves, Her Majesty may not issue the proclamation summoning a new Parliament.
    (2) This section has effect despite any provision made by or under the Fixed-term Parliaments Act 2011 or any other enactment.
  2. Short title
    This Act may be cited as the Dissolution of Parliament (Permanent) Act 2018.

The Houses of Parliament, seen across Westminster Bridge

Photo By Adrian Pingstone

EXPLANATORY NOTES

What these notes do

These Explanatory Notes relate to the Dissolution of Parliament (Permanent) Bill as introduced in the House of Commons on 13 June 2018 (Bill 132).

  • These Explanatory Notes have been prepared by the Department for Exiting Parliamentary Democracy in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament.

  • These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area.

  • These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill.

Overview of the Bill

  1. The Dissolution of Parliament (Permanent) Bill (“the Bill”) has a number of clauses which you do not need to concern yourself with. A summary of, and background to, the Bill is provided below.

  2. The Bill would give the strong and stable Prime Minister power to dissolve Parliament indefinitely.

Policy background

  1. The European Union Referendum Act 2015 (section 1) provided for the question of whether the United Kingdom should remain a member of the European Union or leave the European Union to be put to a referendum. That referendum took place on 23 June 2016. A majority of those who voted in the referendum voted in favour of the United Kingdom leaving the European Union.

  2. On 2 October 2016 the strong and stable Prime Minister announced that the Government would commence the formal process of leaving the European Union before the end of March 2017.

  3. The formal process of leaving the European Union was commenced on 29 March 2017.

  4. On 18 April 2017 the strong and stable Prime Minister announced her Government’s intention to hold a snap election to put a stop to the political gameplaying that was threatening the will of the people.

  5. On 8 June 2017 the people voted to twart the will of the people making the strong and stable Prime Minister’s job of delivering the will of the people, which she is very clear about, bloody difficult.

Legal background

  1. The procedure for withdrawing from the European Union is set out in Article 50 of the Treaty on European Union (‘TEU’). The first step in the procedure is for the Member State that has decided to withdraw to notify the European Council of its intention (Article 50(2)).

  2. In R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union [2017] UKSC 5 the traitorous Supreme Court considered whether it would be inconsistent with the terms of the European Communities Act 1972 for the strong and stable Prime Minister to give notice to the European Union, under Article 50(2) of the Treaty of the European Union, of the United Kingdom’s intention to withdraw from the EU Treaties, without a prior Act of Parliament. In an 8‐3 judgment the traitorous Supreme Court concluded that a prior Act of Parliament is required. The European Union (Notification of Withdrawal) Bill was intended to provide the strong and stable Prime Minister with the necessary power to give notice of withdrawal under Article 50(2) however this is yet to be proved in court.

  3. The traitorous Supreme Court also considered arguments relating to the devolution acts and whether consent of the devolved administrations is required before notice to withdraw can be served. The unanimous decision of the court was that EU and other foreign affairs matters are reserved to the UK Government and Parliament and that the devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU.

Territorial extent and application

  1. This Bill extends, and applies in relation to, England, Wales, Scotland and Northern Ireland.

  2. The Government does not care whether any provision gives rise to the need for a legislative consent motion in the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

Fast-track legislation

  1. The Government intends to ask Parliament to expedite the parliamentary progress of this Bill by voting in favour without any debate. It would be a terrible shame for the strong and stable Prime Minister to have to leak any of the emails she has intercepted over the course of her career. In their report on Fast‐track Legislation: Constitutional Implications and Safeguards, the Undemocratic House of Lords Select Committee on the Constitution recommended that the Government should provide more information as to why a piece of legislation should be fast‐tracked but the Government is not interested in what the Undemocratic House of Lords recommends.

Commentary on provisions of Bill

Clause 1: Power to dissolve Parliament

  1. Clause 1(1) provides power for the strong and stable Prime Minister to dissolve Parliament

  2. Clause 1(2) provides that the powers in clause 1(1) are conferred regardless of any restrictions which may arise from any other legislation.

Clause 2: Short title

  1. Clause 2 confirms the intended short title of the Act.

Financial implications of the Bill

  1. By avoiding the high costs of running Parliament and elections, the Bill is expected to save £350m per week which we could spend on the NHS

Compatibility with the European Convention on Human Rights

  1. It is considered that the provisions of the Bill would allow the strong and stable Prime Minister to completely remove the Convention rights.

 

 

 

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