Parliamentary Voting System and Constituencies Bill

Lord Butler of Brockwell Excerpts

Wednesday 9th February 2011 Lords Chamber

[Lord Armstrong of Ilminster]

My Lords, once upon a time there was a man called Procrustes. He made a very beautiful bed, and he liked people to come and lie on it. Being a man of very high and strict principle, he insisted that the bed and the people should fit. Unfortunately, he made the bed unalterable, so he had to make the people fit the bed. He either stretched them out a little if they were too small or chopped a little bit off if they were too tall, with painful, serious and sometimes fatal consequences for the people concerned. Quite apart from the consequences for the people concerned, Procrustes found his reputation deeply damaged; great hostility was shown towards him and there were demonstrations in the street.

Then four good, independent people came along and suggested a simple mechanism whereby some of the strain could be relieved. It was closely restricted; it could be used only in exceptional circumstances and for reasons of an extraordinarily compelling nature. It was a simple mechanism whereby, in these very exceptional cases, the bed could be stretched or shortened by a very small amount. The number of cases would be few but there would be cases in which the variety of human nature was recognised and allowed for and the painful consequences to which I have referred were avoided.

There were many arguments about the principle; it was thought to be very proper, good and strictly maintained. I am sorry to say that Procrustes grumbled greatly about the idea that there should be any stretching or changing of the bed. But in the end he accepted that there had been one or two cases which he agreed should be allowed past and the exceptions and exceptionally compelling reasons were such that the further breaches of the principle which would ensue would not be very serious or great. Therefore, grumbling, he accepted—to the relief of those few people whose lives and bodies were spared and, in the end, to the contentment of Procrustes himself, who accepted that this small degree of flexibility had enabled the bed to survive and the principle to be broadly maintained.

[Lord Butler of Brockwell]

My Lords, this amendment allows the Boundary Commission, in very exceptional circumstances, to exercise its discretion within a range of 15 per cent rather than 10 per cent. The noble Lord, Lord Rennard, made the point that this would give people who wished for one reason or another to delay the operation of the reforms greater scope to introduce litigation. Of course, even within the 10 per cent provided in the Bill, the Boundary Commission is exercising discretion. It is not clear to me why, in these very exceptional circumstances, there would be more scope for challenging under the 15 per cent variation than under the 10 per cent. If people, for reasons of their own, wish to obstruct this process, is there not exactly the same power to do that under the 10 per cent provision? The advantage of having 15 per cent is that without giving much greater scope—or, indeed, any greater scope—for challenge, the Boundary Commission can reach reasonable recommendations in cases where it is necessary.

[Lord Rennard]

My Lords, my point about the prospects for potential legal challenges is not relevant to the 5 per cent or 10 per cent consideration. It is purely about the existing Boundary Commission criteria as in the five previous general reviews undertaken by the Boundary Commissions.