Clause 2 - Recommendations by Electoral Commission relating to changes in number ofUnited Kingdom MEPs
European Parliament (Representation) Bill
9:25 am
Mr William Cash (Stone, Conservative)
Good morning, Mr. Cook, at this rather early hour.
The amendments are straightforward. Under the clause, the Lord Chancellor, unless it is to be someone else, would by notice be able to
''require the Electoral Commission to make a recommendation to him as to the distribution between the electoral regions of—
(a) a total number of MEPs . . . or
(b) if the notice specifies more than one total number of MEPs, each of the total numbers so specified.''
The clause then provides for the power to give such a notice and the manner in which it is to be exercised, which I shall come to later.
The reason for amendment No. 14 is that on Second Reading the question was raised whether that distribution arrangement could impinge on the manner in which the boundaries are to be settled. We know that the Electoral Commission has a boundary committee, but, despite some inquiries—the Minister may be able to help me—it was not crystal clear from my discussions whether the boundary commissions still had a function in relation to these matters. Therefore, I put the amendment in the alternative and said ''and/or''.
My hon. Friend the Member for Poole (Mr. Syms) is an acknowledged expert, in our party and nationally, on boundaries and boundary revisions. He is a walking encyclopaedia on those matters. Whether he is a walking encyclopaedia on the law on the subject I am not sure, but I candidly admit that I am not certain what the position is. We should
therefore ensure that members of the Electoral Commission consult the appropriate people.
This is in no sense a hostile amendment but a probing amendment. We want to get the provision right. Therefore, we hope that the Minister and the Lord Chancellor's Department will give the amendment earnest consideration and bear in mind the word ''consultation'', which crops up quite a lot in the Bill.
I do not believe that my proposal for a definition of consultation is in this group of amendments, but because the word ''consultation'' appears in the amendment, I hope that you will understand, Mr. Cook, if I mention that in law the word ''consult'' means ''I hear what you say''rather like the Whips''but I do not have to take notice.''
My amendment would put into the Bill a definition that would apply to ''consult'' and ''consultation'' in all cases. It boils down to the fact that the person who is being consulted would be under an obligation to give due regard to the views being expressed and to give reasons for their decision in the light of the views expressed. That means not that ''consult'' would suddenly turn into ''You must do it,'' but that the proper mechanics of consultation would have to be followed through.