Parliamentary Voting System and Constituencies Bill

Debate between Lord Woolf and Lord Campbell of Alloway

Tuesday 8th February 2011 Lords Chamber

[Lord Woolf]

I certainly cannot say that in no circumstances could the chairman’s recommendations be the subject of judicial review, but there is a greater risk of judicial review if you do not allow the chairman to put before the Boundary Commission the information that it will need to make a decision. I cannot anticipate what a judge would say on an application for judicial review in all cases, but, in the majority of cases, I think that the possibility of judicial review at that stage would be very slim.

As the noble Lord knows well from his experience of judicial review, what is normally judicially reviewed is the final recommendation. A preliminary recommendation made by the chairman would not be the subject of judicial review, because if it was criticised, as it would have to be, as not being in accordance of the legal requirements, the answer would be, “Well, what are you worrying about? The Boundary Commission will put that right, and, if they don’t, you can come back to us then”. You do not come, at this first stage, to seek judicial review of what is no more than a preliminary recommendation. I think that that is the trite law which the noble Lord would expect the court to follow on applications for judicial review.

Let us have sensible provisions; let us give the widest possible discretion to the Boundary Commission; let us have the ability to go that one step further than the Government’s proposals so far and enable the person who chairs the hearing to make a preliminary recommendation. Of course, he may decide not to make a recommendation, but he should not be prevented from doing so. He may think that the situation is sufficient. I would therefore urge flexibility.

In that regard, could I also urge the Government to reconsider the requirement that there should be at least two public hearings? There may be situations where to have public hearings will serve no real purpose. That should be a matter of which the Boundary Commission is again in charge.

[Lord Campbell of Alloway]

I am grateful to the noble and learned Lord for his helpful clarification, but how can judicial review, which is of general application, have any specific relationship with this particular question? Acceptance of judicial review is a matter always for the discretion of the court. You have no right to it, unless the court accepts your application.

[Lord Woolf]

The noble Lord, Lord Campbell, is of course absolutely right that the matter is in the hands of the judge who hears the application, but he will forgive me if I do not from these Benches seek to give my opinion as to what a judge can do and should do other than in the most cautious of terms. I have tried to assist the House by indicating that, from my experience, it is unlikely that the fears expressed by the noble Lord, Lord Thomas, would have any basis in reality.