Parliamentary Constituencies (Amendment) Bill (Thirty Second sitting)

Kevin Foster Excerpts

Committee Debate: 32nd sitting: House of Commons
Wednesday 10th July 2019 Public Bill Committees

[Christian Matheson (City of Chester) (Lab)]

I pay tribute to my hon. Friend the Member for Manchester, Gorton, whose resilience and persistence in this matter is an object lesson to us all.

This could well be the Committee’s final sitting. My hon. Friend reminded us that this is our last meeting before the summer recess; the memory of the last meeting before last year’s summer recess only enhances our frustration on the Opposition Benches. If certain hon. Members—not on the Committee, I hasten to add, but in the Government party—get their way and Parliament is prorogued, this will indeed be our last sitting, and my hon. Friend’s Bill will fall. However, that will not take away the need to bring the proposals before the House, as the right hon. Member for Forest of Dean notes. The sooner we get those, so that the House can make a decision, the better. It is not acceptable that the Committee has taken this long to achieve absolutely nothing; the sooner we get this matter dealt with, the better.

I will leave it at that. I wish all Committee members a pleasant recess. As always, I shall be working in my constituency, and I am sure that they will be doing the same.

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr Owen. The Committee may find it helpful, in deciding whether to adjourn, if I update it on the judicial review against the Boundary Commission for Northern Ireland. I am sure that Committee members are aware of those proceedings, but I stress that the BCNI is independent of the Government, and that the Cabinet Office was not party to the original proceedings.

The High Court of Northern Ireland has now issued its judgment in relation to the judicial review. It has concluded that the Boundary Commission for Northern Ireland erred in law procedurally, and fettered its discretion by setting a high threshold for making changes at the last of the three statutory stages of consultation that it had followed. The Court had indicated that it was considering ordering the Minister for the Cabinet Office to attach a declaration to the boundary order, when it is brought forward, stating that the Boundary Commission’s consultation contained an error of law. To be clear, the Court has not struck down the order; it has merely made that statement.

We made submissions to the Court to argue that that was not an appropriate remedy, given the separation of powers between the Court and Parliament. The Court listened to our concerns, and its final order states that it has accepted our position, and has agreed not to order the declaration to be attached to the boundary order. The Court has made it absolutely clear that the Boundary Commission for Northern Ireland took all the steps that it was required to take by statute; it has not quashed the Boundary Commission for Northern Ireland’s report.

As Committee members would expect, the Government have closely followed the judicial review. We are also conscious that both the applicant and the Boundary Commission for Northern Ireland have six weeks to decide whether to appeal the Court’s judgment, which will obviously have implications for the timetable of the boundary order.

I wished to update the Committee on the matter. I hope that hon. Members will be content with that explanation.

[Mr Harper]

Before the Minister sits down, I have two questions. First, am I right in thinking that until the appeal period is concluded, the Government cannot continue drafting the orders, or bring them before the House? Secondly, once the appeal period has concluded, or an appeal is heard and decided on, assuming that the Court does not quash and overturn the work of the Boundary Commission for Northern Ireland, will the Government be in a position to make further progress, albeit with the constraints set out by the hon. Member for City of Chester about the potential end of the parliamentary Session?

[Kevin Foster]

rose—

[The Chair]

If the Minister is unable to give a full response, he can write to the Committee.

[Kevin Foster]

That is possible, but I can briefly respond to my right hon. Friend’s points. To be clear, the Court has not quashed the order, so we would be able to bring it forward, but I think that most hon. Members would feel it more appropriate for the judicial proceedings to reach their conclusion before Parliament is invited to take its decision. Even if the judgment stands, the order will not have been quashed, so it could be brought forward, but when the House is making its decision, hon. Members can debate the Court’s judgment.

On what happens at the conclusion of the judicial process, I do not think that it is right for me to get into what-iffery about what might happen in particular circumstances, but clearly the Government will then take a view on what implications it has had, if any, and on what any final judgment states, in line with our legal obligations in relation to the wider order and the process of bringing it forward for a decision by the House. As I say, I do not want to get into speculation about where that process may end, particularly given the sensitivity of some of the issues involved.

[The Chair]

I appreciate the Minister giving us that information. If he feels that he needs to give us more information, he can do so in written form.

[Kevin Foster]

On a point of order, Mr Owen. I have already written to the Chairs of the Select Committees on Public Administration and Constitutional Affairs, and on Northern Ireland Affairs, to confirm that information, for their interest.

[The Chair]

I am grateful. If copies could be made available to the Committee, it would be very useful.

Question put and agreed to.