The hon. Gentleman makes an important point about the due process that needs to be gone through. I believe that we need a due process in relation to the Boundary Commission, because it might proceed incorrectly according to the rules that are laid down for it, it might proceed in a partisan manner or it might not consider all the factors that need to be considered. That is why we have heretofore always had a system of public inquiry, and not just written reports being sent in. That is essential for there to be utter confidence in the process that the commission goes through. He is absolutely right that there is also, sometimes, a process of judicial review. I suspect that if the Government push through the Bill in the partisan way that they are doing, without any provision for public inquiry, the likelihood of a judicial review being sought in many constituencies in the land will be very high indeed.
The hon. Gentleman might say that that is a good reason why the Minister needs even more power to draw constituency boundaries as he thinks fit. Unless the Government can be shifted from this view—whether that happens in the House or in the other House—we shall almost inexorably end up with no due process, other than the recourse that people might have to the courts.
The Minister will probably tell us that the Government need this power because apostrophes and commas are sometimes put in the wrong place and there are inadvertent errors. That is why the amendment, which was tabled by several members of the Political and Constitutional Reform Committee, is perfect: it simply says that the Minister, if he or she wishes to make any modification, must return to the Boundary Commission and ask, ““Are you okay with this amendment?”” If Ministers were in a conciliatory, cross-party mood, they would accept the amendment.
I fully understand that the precise wording they propose is that of the current legislation. That is fine when due process can go on after the Boundary Commissions have done their work—for example, public inquiries, where the public can have their say on the Boundary Commissions' proposals. Where that does not happen—that is the intention of the Bill, although it is something that we shall return to later—it is important that there is a bind on Ministers, so that they are not entirely free to dream up any kind of modification that they might want; otherwise, strictly speaking in law, I guess that Ministers would be perfectly at liberty, if they felt that the boundary commission had got something slightly wrong and representations were made to Ministers, to make such modifications as they thought fit.
Parliamentary Voting System and Constituencies Bill
Proceeding contribution from
Chris Bryant
(Labour)
in the House of Commons on Wednesday, 20 October 2010.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Parliamentary Voting System and Constituencies Bill.
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2010-12Chamber / Committee
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