My noble friend makes a very important point. It is a separate point but it is obviously clearly related. If you allow someone to do something or if you provide a purely permissive criterion—what I would call the lack of a prohibition; that is all it is—the question is whether they will have the slightest motivation in the first place to use that permissive ability that they have been granted. As my noble friend says, there is no suggestion at all in the Bill that these matters should be given any consideration or value whatever.
It is perfectly true that, until now, historically the Boundary Commission has in practice tried to respect local government boundaries and county boundaries in almost all cases, although I gather from our earlier debate this evening that there may be some exceptions in respect of ward boundaries, for example. Nevertheless, we are now giving the Boundary Commission new instructions which do not set any explicit value on these things at all. The Bill says, almost reluctantly, ““Well, you can take account of these things if you really insist on doing so””. However, as my noble friend said, we then provide other constraints—particularly that of the 5 per cent rule and the requirement to reduce the number of MPs by 50 to 600, which we know will produce a very large number of boundary changes. In practice, that will make it certain that, even if the Boundary Commission is minded to take advantage of its ability under the Bill to consider matters of local boundaries, it will not be able to do so. The commission is receiving no indication whatever from Parliament in the Bill as it currently stands that it might be desirable to retain the tradition which it has long maintained of respecting these boundaries. Therefore, I think that there is all the difference in the world between ““may”” and ““should””, and I congratulate my noble friend on bringing this dilemma to the fore. It is something that we really do need to discuss.
We have heard time and again from the Government and elsewhere on the government side that, other things being equal, they believe it is inherently desirable that local boundaries are respected. Can they not, if they wish to do so, come up with different wording which at least reflects the value that they acknowledge we should be attributing to these considerations? Can they not send a signal to the Boundary Commission which says in effect, ““If you possibly could, we would be delighted if you were to take account of local boundaries””? Can we not send some signal or instruction to the Boundary Commission saying, ““For generations””—ever since 1949, I believe—““you’ve been right to take account of these considerations. Please don’t drop that now. We aren’t trying to tell you that that was wrong. We aren’t trying to tell you that you should go back on that tradition or those values and ignore them. We’re not just giving you a reluctant permission if you really insist on taking account of these things; we would like you to do so if you can somehow manage it””.
That surely is the sense of the message that Parliament wants to send to the Boundary Commission—the sense of the message that has been articulated in different ways from all parts of House, including from the noble Lord, Lord Tyler, who has taken an important part in these debates. Surely the Government cannot really, on reflection, be entirely satisfied with this very negative formulation of ““may””. I hope they can accept the proposal of my noble friend that the text should be changed to ““should””. If not, can they not find some better way of encapsulating the message which, I am sure, in good faith, they themselves have been delivering to us, not just tonight but throughout our deliberations on this Bill?
Parliamentary Voting System and Constituencies Bill
Proceeding contribution from
Lord Davies of Stamford
(Labour)
in the House of Lords on Monday, 24 January 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Parliamentary Voting System and Constituencies Bill.
Type
Proceeding contribution
Reference
724 c808-9 
Session
2010-12
Chamber / Committee
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2023-12-15 14:12:58 +0000
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