The Minister has been quite helpful on some of these points. I agree that the Boundary Commission can be judicially reviewed and I accept that the House decided that this is not a hybrid Bill. What I am interested in is that when I asked him about the Isle of Wight, on which I will focus in relation to the amendment that we are discussing, a challenge under this current amendment would prevent the system going forward in the way the Bill envisages; so the question whether there can be a legal challenge is crucial.
Let us put Cornwall to one side for a moment because I am not familiar enough with its case. I know the area of the Western Isles rather well, but I do not know Orkney and Shetland. However, I do know that those two areas have similar problems to the problem faced by the constituency of the Member for the Isle of Wight, who has argued the case very strongly in the House of Commons. If there is a similar problem, there are the conditions for a possible legal challenge. Indeed, I think the Minister used the phrase ““it is common sense”” when he said that the two Scottish seats are very different. I am a great believer in common sense, but I have to say that it can get you into deep trouble when you go into a court of law.
This goes back to a point made by my noble friend Lord Rooker that there is a case for the Government to be more willing to compromise on this Bill and at least to offer to investigate. I would very much like to know, and I am sure that councillors on the Isle of Wight would love to know, the government law officers’ view on whether a legal challenge could be mounted because there was no Boundary Commission review of the Isle of Wight. It seems at least possible, so it would be good if we could have the lawyers’ views on this.
Parliamentary Voting System and Constituencies Bill
Proceeding contribution from
Lord Soley
(Labour)
in the House of Lords on Monday, 20 December 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Parliamentary Voting System and Constituencies Bill.
Type
Proceeding contribution
Reference
723 c886-7 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-11-15 10:44:42 +0000
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