Parliamentary Constituencies (Amendment) Bill

Part of the debate – in a Public Bill Committee at 10:01 am on 10 July 2019.

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Photo of Kevin Foster Kevin Foster Assistant Whip, The Parliamentary Under-Secretary of State for Wales, The Parliamentary Secretary, Cabinet Office 10:01, 10 July 2019

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.