Constitutional Reform and Governance Bill

I was going to raise exactly the same point, and would simply add this. Who decides whether a case is "exceptional"? If the commissioners decide what is exceptional, the amendment of the hon. Member for Cannock Chase (Dr. Wright) does not achieve very much, because it is purely within the commission's discretion to decide. If Ministers are to decide, that would obviously be completely objectionable. Ministers should not be able to make such a decision; that would undermine the commission's independence. If the courts are to decide, that just adds to the complication of the situation without any obvious benefit. The Minister's choices in replying to the debate appear to be these. She should either say that the commission itself gets to decide what the "exceptional circumstances" are—in which case, why is the phrase in the Bill at all?—or she should just give way to the amendment proposed by the hon. Gentleman.