Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Roberts of Conwy

Monday 15th November 2010 Lords Chamber

[Lord Falconer of Thoroton]

I withdraw the point. The noble Lord did not write a letter to my noble friend, but it was a bad point for which I apologise. I certainly did not intend to suggest that the noble Lord had been in any way discourteous, and indeed the noble Baroness, Lady Royall, had not for one moment suggested that to me. I therefore apologise to the noble Lord.

The practice of this House is to refer a Bill to the Examiners if the House is satisfied that it is reasonably arguable that the Bill is hybrid. That happened recently in the case of the Bill that covered Exeter and Norfolk. Subsequently, the Examiners held that that legislation was not hybrid. No argument was in fact advanced to them that the legislation was hybrid because a court case after the vote in the House made the issue academic. I hope very much that the House will consider our arguments on their merits rather than on the basis of the previous occasion.

I respectfully submit that this Bill is hybrid. I have dealt with the arguments advanced against, but all that I need to do is to satisfy the House that the case is reasonably arguable. My argument also reflects the merits of ensuring that the process to determine what the exceptions are is transparent rather than just dealing with things by fiat. This Motion would allow a proper approach to be followed in selecting those constituencies that are to be exceptions to the Bill. I suggest that the House should be urging for a non-political basis to this.

[Lord Roberts of Conwy]

Can the noble and learned Lord explain the substantive difference between the two constituencies preserved in the Bill and the other constituencies of the United Kingdom?

[Lord Falconer of Thoroton]

These two constituencies will never have to be connected to the mainland. Unlike the Isle of Wight or Anglesey or the islands off Argyll, Orkney and Shetland and the Western Isles will not have to be treated with a constituency on the mainland because the Bill states that the numbers-driven approach will not be applied to them. They will for ever be kept separate. That is the difference. They are being treated in a completely different way from the rest of the country.