Parliamentary Constituencies (Amendment) Bill (Thirty Second sitting)

Christian Matheson Excerpts

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

[Mr Mark Harper (Forest of Dean) (Con)]

I congratulate the hon. Member for Manchester, Gorton on persevering with his Bill through our Committee sittings. I reinforce what I have said previously, which is that I think that there will be a time to consider his Bill, but it is not now; it will be when the House has had a chance to consider the orders.

I join the hon. Gentleman in asking the Minister for an update, although I am a little more cautious about the timetable. I remember that in an earlier sitting the Minister—I cannot remember whether it was the present Minister or his predecessor, my hon. Friend the Member for Norwich North—set out some historical precedents for how long previous Governments, of other parties, had taken to get some orders drafted. I seem to remember that when Labour was in power, a set of orders took up to 10 months to be drafted. It would be interesting to know what progress we have made, but even if we were proceeding apace, it would not be unreasonable not to have concluded the process. When the orders are drafted and put before the House, that will be the time for the Government to consider whether they wish to bring forward a money resolution, so that we will have a chance to consider the Bill.

I congratulate the hon. Member for Manchester, Gorton on his perseverance, and look forward to hearing from the hon. Member for City of Chester as Opposition spokesman, and from the Minister.

[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.