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

Was there a precedent of circumventing Commons supermajority requirement?Can the UK government propose a motion of no confidence in itself?Why did Labour support the snap election?Is there a minimum time frame that a Prime Minister may set an early election for?Is the Fixed-term Parliaments Act binding upon the UK parliament?If, on 12 December, the House of Commons passes, by a simple majority, a vote of “no confidence” in Theresa May's government, what happens next?Were three-line whips more (or less) common before the Fixed-term Parliaments Act?By what mechanism was the 2017 UK General Election called?Is there any timeframe restriction for scheduling an early election under the Fixed-term Parliaments Act?What are the procedural differences in calling a general election “notwithstanding the FTPA”?Could a simple-majority bill for a general election, passing through both houses be amended by the SNP to provide for a further Scottish referendum?What happens if the UK government refuses to function or carry out its duties?

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6

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 Sep 25 at 19:58

Reinstate Monica - M. Schröder

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asked Sep 25 at 16:40

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
  Sep 25 at 17:14
  

  
  
  
  

add a comment
 | 

6

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 Sep 25 at 19:58

Reinstate Monica - M. Schröder

2,19622 gold badges1414 silver badges3636 bronze badges

asked Sep 25 at 16:40

BenBen

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• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  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
  Sep 25 at 17:14
  

  
  
  
  

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 Sep 25 at 19:58

Reinstate Monica - M. Schröder

2,19622 gold badges1414 silver badges3636 bronze badges

asked Sep 25 at 16:40

BenBen

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share|improve this question

edited Sep 25 at 19:58

Reinstate Monica - M. Schröder

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asked Sep 25 at 16:40

BenBen

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share|improve this question

edited Sep 25 at 19:58

Reinstate Monica - M. Schröder

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asked Sep 25 at 16:40

BenBen

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edited Sep 25 at 19:58

Reinstate Monica - M. Schröder

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edited Sep 25 at 19:58

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asked Sep 25 at 16:40

BenBen

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2 Answers
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10

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 Sep 25 at 17:03

answered Sep 25 at 16:48

James KJames K

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3

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 Sep 25 at 16:53

Steve MelnikoffSteve Melnikoff

7,94622 gold badges2626 silver badges4949 bronze badges

• 
  
  
  

  
  4
  

  
  
  
  
  
  

  
  
  @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
  Sep 25 at 16:59
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  With a majority vote, yes - but the current government doesn't have one.
  
  – Steve Melnikoff
  Sep 25 at 17:03
  

  
  
  
  


• 
  
  
  

  
  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
  Sep 25 at 17:08
  

  
  
  
  


• 
  
  
  

  
  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
  Sep 25 at 17:16
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  @Ben A somewhat simplified way of thinking about the situation is to believe there are three groups: hard leavers (like e.g. Gove), soft leavers (e.g. May) and remainers (e.g. Clarke). None of the groups can get their way in Parliament because the two other groups will unite to stop them. Unless it's something like the Benn Bill which aims to prevent a hard Brexit. Collectively Parliament doesn't know what it wants but knows what it doesn't want.
  
  – richardb
  Sep 26 at 8:09
  
  

  
  
  
  

 | 
show 5 more comments

10

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 Sep 25 at 17:03

answered Sep 25 at 16:48

James KJames K

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add a comment
 | 

10

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 Sep 25 at 17:03

answered Sep 25 at 16:48

James KJames K

46.1k88 gold badges128128 silver badges191191 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 Sep 25 at 17:03

answered Sep 25 at 16:48

James KJames K

46.1k88 gold badges128128 silver badges191191 bronze badges

share|improve this answer

edited Sep 25 at 17:03

answered Sep 25 at 16:48

James KJames K

46.1k88 gold badges128128 silver badges191191 bronze badges

answered Sep 25 at 16:48

James KJames K

46.1k88 gold badges128128 silver badges191191 bronze badges

answered Sep 25 at 16:48

James KJames K

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3

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 Sep 25 at 16:53

Steve MelnikoffSteve Melnikoff

7,94622 gold badges2626 silver badges4949 bronze badges

• 
  
  
  

  
  4
  

  
  
  
  
  
  

  
  
  @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
  Sep 25 at 16:59
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  With a majority vote, yes - but the current government doesn't have one.
  
  – Steve Melnikoff
  Sep 25 at 17:03
  

  
  
  
  


• 
  
  
  

  
  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
  Sep 25 at 17:08
  

  
  
  
  


• 
  
  
  

  
  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
  Sep 25 at 17:16
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  @Ben A somewhat simplified way of thinking about the situation is to believe there are three groups: hard leavers (like e.g. Gove), soft leavers (e.g. May) and remainers (e.g. Clarke). None of the groups can get their way in Parliament because the two other groups will unite to stop them. Unless it's something like the Benn Bill which aims to prevent a hard Brexit. Collectively Parliament doesn't know what it wants but knows what it doesn't want.
  
  – richardb
  Sep 26 at 8:09
  
  

  
  
  
  

 | 
show 5 more comments

3

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 Sep 25 at 16:53

Steve MelnikoffSteve Melnikoff

7,94622 gold badges2626 silver badges4949 bronze badges

• 
  
  
  

  
  4
  

  
  
  
  
  
  

  
  
  @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
  Sep 25 at 16:59
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  With a majority vote, yes - but the current government doesn't have one.
  
  – Steve Melnikoff
  Sep 25 at 17:03
  

  
  
  
  


• 
  
  
  

  
  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
  Sep 25 at 17:08
  

  
  
  
  


• 
  
  
  

  
  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
  Sep 25 at 17:16
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  @Ben A somewhat simplified way of thinking about the situation is to believe there are three groups: hard leavers (like e.g. Gove), soft leavers (e.g. May) and remainers (e.g. Clarke). None of the groups can get their way in Parliament because the two other groups will unite to stop them. Unless it's something like the Benn Bill which aims to prevent a hard Brexit. Collectively Parliament doesn't know what it wants but knows what it doesn't want.
  
  – richardb
  Sep 26 at 8:09
  
  

  
  
  
  

 | 
show 5 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 Sep 25 at 16:53

Steve MelnikoffSteve Melnikoff

7,94622 gold badges2626 silver badges4949 bronze badges

share|improve this answer

answered Sep 25 at 16:53

Steve MelnikoffSteve Melnikoff

7,94622 gold badges2626 silver badges4949 bronze badges

answered Sep 25 at 16:53

Steve MelnikoffSteve Melnikoff

7,94622 gold badges2626 silver badges4949 bronze badges

answered Sep 25 at 16:53

Steve MelnikoffSteve Melnikoff

7,94622 gold badges2626 silver badges4949 bronze badges