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Can the Fixed-Term Parliaments Act be bypassed by a simple bill?

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Can the Fixed-Term Parliaments Act be bypassed by a simple bill?

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3

The Fixed-Term Parliaments Act sets out the conditions for calling a general election, including a two-thirds majority vote in the House for an early general election.

But could a bill be presented to the House calling for a general election that could pass on a simple majority?

united-kingdom house-of-commons

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edited 5 hours ago

Martin Schröder

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BenBen

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  Passage in the commons by a simple majority is not sufficient for a bill to become law. The house of lords must also be involved.
  
  – phoog
  8 hours ago
  

  
  
  
  

add a comment
 | 

3

The Fixed-Term Parliaments Act sets out the conditions for calling a general election, including a two-thirds majority vote in the House for an early general election.

But could a bill be presented to the House calling for a general election that could pass on a simple majority?

united-kingdom house-of-commons

share|improve this question

edited 5 hours ago

Martin Schröder

1,97222 gold badges1414 silver badges3636 bronze badges

asked 9 hours ago

BenBen

5,27811 gold badge2424 silver badges6565 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Passage in the commons by a simple majority is not sufficient for a bill to become law. The house of lords must also be involved.
  
  – phoog
  8 hours ago
  

  
  
  
  

add a comment
 | 

The Fixed-Term Parliaments Act sets out the conditions for calling a general election, including a two-thirds majority vote in the House for an early general election.

But could a bill be presented to the House calling for a general election that could pass on a simple majority?

united-kingdom house-of-commons

share|improve this question

edited 5 hours ago

Martin Schröder

1,97222 gold badges1414 silver badges3636 bronze badges

asked 9 hours ago

BenBen

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share|improve this question

edited 5 hours ago

Martin Schröder

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asked 9 hours ago

BenBen

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share|improve this question

edited 5 hours ago

Martin Schröder

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asked 9 hours ago

BenBen

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edited 5 hours ago

Martin Schröder

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edited 5 hours ago

Martin Schröder

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asked 9 hours ago

BenBen

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asked 9 hours ago

BenBen

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2 Answers
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7

Yes, but such a bill would have to be approved by both the Commons and the Lords (by a simple majority). Or if the Lords didn't approve it, the commons could force it through under the Parliament Act, but there would still be possibly a substantial delay.

The FTPA allows the PM to call a general election without consulting the Lords providing he or she has the votes of 2/3 of Parliament.

Notwithstanding the implicit ability of any Parliament to repeal part or all of any previous act of parliament, the FTPA sets out intentions. It is intended that a 2/3 majority should be required before a government calls an election so that the government would normally need the support of opposition parties. The FTPA describes how the process should go in the normal procedure, not how the procedure should be changed in exceptional situations.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

James KJames K

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2

Yes. Any Act of Parliament can be amended or repealed by a later Act of Parliament.

To quote Wikipedia:

No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament).

share|improve this answer

answered 8 hours ago

Steve MelnikoffSteve Melnikoff

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• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  So, why did they bother with the two-thirds number?
  
  – Ben
  8 hours ago
  
  
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  @Ben: the idea is that an early general election should only occur if there is cross-party support. If there is, then all it takes is a single motion in the Commons (with the 2/3 majority). Passing a new Act of Parliament takes longer, requires the agreement of the Lords - and can be amended. The danger of opposition amendments makes this unattractive to the current government.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  With a majority vote, yes - but the current government doesn't have one.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ben: a government with a majority certainly can, as it can simply decline to put it on the schedule. However, if the opposition are able to gain control of the schedule, then the govt may not be able to do that - in the Commons. In the Lords, the procedures are different, and no party has a majority, so I'm not sure; but it seems unlikely, as the Lords were content to pass the Benn bill.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ben at the moment the government wants a general election and the opposition does not. So if anyone would try to bypass the FTPA with a new act of parliament it would be the government rather than the opposition.
  
  – phoog
  8 hours ago
  

  
  
  
  

 | 
show 4 more comments

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7

Yes, but such a bill would have to be approved by both the Commons and the Lords (by a simple majority). Or if the Lords didn't approve it, the commons could force it through under the Parliament Act, but there would still be possibly a substantial delay.

The FTPA allows the PM to call a general election without consulting the Lords providing he or she has the votes of 2/3 of Parliament.

Notwithstanding the implicit ability of any Parliament to repeal part or all of any previous act of parliament, the FTPA sets out intentions. It is intended that a 2/3 majority should be required before a government calls an election so that the government would normally need the support of opposition parties. The FTPA describes how the process should go in the normal procedure, not how the procedure should be changed in exceptional situations.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

James KJames K

44.3k88 gold badges123123 silver badges186186 bronze badges

add a comment
 | 

7

Yes, but such a bill would have to be approved by both the Commons and the Lords (by a simple majority). Or if the Lords didn't approve it, the commons could force it through under the Parliament Act, but there would still be possibly a substantial delay.

The FTPA allows the PM to call a general election without consulting the Lords providing he or she has the votes of 2/3 of Parliament.

Notwithstanding the implicit ability of any Parliament to repeal part or all of any previous act of parliament, the FTPA sets out intentions. It is intended that a 2/3 majority should be required before a government calls an election so that the government would normally need the support of opposition parties. The FTPA describes how the process should go in the normal procedure, not how the procedure should be changed in exceptional situations.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

James KJames K

44.3k88 gold badges123123 silver badges186186 bronze badges

add a comment
 | 

Yes, but such a bill would have to be approved by both the Commons and the Lords (by a simple majority). Or if the Lords didn't approve it, the commons could force it through under the Parliament Act, but there would still be possibly a substantial delay.

The FTPA allows the PM to call a general election without consulting the Lords providing he or she has the votes of 2/3 of Parliament.

Notwithstanding the implicit ability of any Parliament to repeal part or all of any previous act of parliament, the FTPA sets out intentions. It is intended that a 2/3 majority should be required before a government calls an election so that the government would normally need the support of opposition parties. The FTPA describes how the process should go in the normal procedure, not how the procedure should be changed in exceptional situations.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

James KJames K

44.3k88 gold badges123123 silver badges186186 bronze badges

share|improve this answer

edited 8 hours ago

answered 8 hours ago

James KJames K

44.3k88 gold badges123123 silver badges186186 bronze badges

answered 8 hours ago

James KJames K

44.3k88 gold badges123123 silver badges186186 bronze badges

answered 8 hours ago

James KJames K

44.3k88 gold badges123123 silver badges186186 bronze badges

2

Yes. Any Act of Parliament can be amended or repealed by a later Act of Parliament.

To quote Wikipedia:

No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament).

share|improve this answer

answered 8 hours ago

Steve MelnikoffSteve Melnikoff

7,05922 gold badges2424 silver badges4646 bronze badges

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  So, why did they bother with the two-thirds number?
  
  – Ben
  8 hours ago
  
  
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  @Ben: the idea is that an early general election should only occur if there is cross-party support. If there is, then all it takes is a single motion in the Commons (with the 2/3 majority). Passing a new Act of Parliament takes longer, requires the agreement of the Lords - and can be amended. The danger of opposition amendments makes this unattractive to the current government.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  With a majority vote, yes - but the current government doesn't have one.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ben: a government with a majority certainly can, as it can simply decline to put it on the schedule. However, if the opposition are able to gain control of the schedule, then the govt may not be able to do that - in the Commons. In the Lords, the procedures are different, and no party has a majority, so I'm not sure; but it seems unlikely, as the Lords were content to pass the Benn bill.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ben at the moment the government wants a general election and the opposition does not. So if anyone would try to bypass the FTPA with a new act of parliament it would be the government rather than the opposition.
  
  – phoog
  8 hours ago
  

  
  
  
  

 | 
show 4 more comments

2

Yes. Any Act of Parliament can be amended or repealed by a later Act of Parliament.

To quote Wikipedia:

No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament).

share|improve this answer

answered 8 hours ago

Steve MelnikoffSteve Melnikoff

7,05922 gold badges2424 silver badges4646 bronze badges

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  So, why did they bother with the two-thirds number?
  
  – Ben
  8 hours ago
  
  
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  @Ben: the idea is that an early general election should only occur if there is cross-party support. If there is, then all it takes is a single motion in the Commons (with the 2/3 majority). Passing a new Act of Parliament takes longer, requires the agreement of the Lords - and can be amended. The danger of opposition amendments makes this unattractive to the current government.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  With a majority vote, yes - but the current government doesn't have one.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ben: a government with a majority certainly can, as it can simply decline to put it on the schedule. However, if the opposition are able to gain control of the schedule, then the govt may not be able to do that - in the Commons. In the Lords, the procedures are different, and no party has a majority, so I'm not sure; but it seems unlikely, as the Lords were content to pass the Benn bill.
  
  – Steve Melnikoff
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ben at the moment the government wants a general election and the opposition does not. So if anyone would try to bypass the FTPA with a new act of parliament it would be the government rather than the opposition.
  
  – phoog
  8 hours ago
  

  
  
  
  

 | 
show 4 more comments

Yes. Any Act of Parliament can be amended or repealed by a later Act of Parliament.

To quote Wikipedia:

No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament).

share|improve this answer

answered 8 hours ago

Steve MelnikoffSteve Melnikoff

7,05922 gold badges2424 silver badges4646 bronze badges

share|improve this answer

answered 8 hours ago

Steve MelnikoffSteve Melnikoff

7,05922 gold badges2424 silver badges4646 bronze badges

answered 8 hours ago

Steve MelnikoffSteve Melnikoff

7,05922 gold badges2424 silver badges4646 bronze badges

answered 8 hours ago

Steve MelnikoffSteve Melnikoff

7,05922 gold badges2424 silver badges4646 bronze badges