I thank all noble Lords for their contributions to this interesting debate and, in particular, I again thank the Minister for the courtesy he has shown me and for the time that his officials have given to looking at this matter. It seems to me, however, that four points emerge.
First, as the noble Lord, Lord Janvrin, put is so powerfully, we are concerned to ensure that not only is the commission impartial but that it is perceived and seen to be impartial. With the change brought about by automaticity, its role has changed so fundamentally that fundamental changes are needed to ensure that there is perceived impartiality.
Secondly, as to the position of the Lord Chief Justice, it is very difficult to see any argument in principle—the Minister has advanced none—for why it is not brought into line with Scotland and Northern Ireland or, as the noble Lord, Lord Hayward, put it, the position is restored to the appointment of the person by the head of the judiciary. It is important to appreciate the kind of world in which we now live. Certainly, my own experience is that people will dig to find connections, however spurious they may be. Some may remember the connections that were dug up in relation to a decision on which I sat in 2017. No judge should be put in a position where his or her appointment is called into question on the basis that they may have some connection that has made them favourable to the political Minister, particularly a Minister whose own constituency might well be affected by the Boundary Commission review.
Thirdly, it seems to me that this must be put in statutory form. I have made no criticism of the current appointment process in relation to how the commission currently works, but it has fundamentally changed. No assurances—as the noble Lord, Lord Beith, pointed out—can work because assurances do not bind future Governments and this is in a code not made under statute, merely by an Order in Council.
Fourthly, as to the term, there simply is no reason why the tenure cannot move to being akin to other important constitutional watchdog posts. Both the noble and learned Lord, Lord Morris of Aberavon, and the noble Lord, Lord Hayward, raised the interesting issue of bringing together the Local Government Boundary Commission in England and Wales and the parliamentary Boundary Commission. When looking at this matter, there is much that can be said in favour of such a move. However, that should in no way affect the basic constitutional principle that the appointment should be for a fixed, non-renewable term so that, in a case, the decisions that they make are not subject to a review by Parliament, or by anyone else, and must be accepted.
In the light of the Government’s position, I therefore wish to test the opinion of the House.
Ayes 319, Noes 224.