HL Deb 22 October 1990 vol 522 cc1227-30

7.55 p.m.

The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Skelmersdale) rose to move, That the draft order laid before the House on 18th July be approved [25th Report from the Joint Committee].

The noble Lord said: My Lords, this short order to be made under the Northern Ireland Constitution Act 1973 will enable a Local Government Boundaries Commissioner to be appointed before the end of the year. It will also introduce a degree of flexibility into the arrangements for appointing future commissioners.

Your Lordships will wish to know that under the present provisions of the Local Government Act (Northern Ireland) 1972, as amended, a Local Government Boundaries Commissioner would not normally be appointed until 1992, 10 years after the appointment of the previous commissioner. The task of the Local Government Boundaries Commissioner is to review the number, boundaries and names of the districts and the wards into which each district is divided and submit a report within such period as directed.

Since the previous report of the Local Government Boundaries Commissioner in 1984, there have been significant population movements in Northern Ireland. In the past 10 years the number of households in the Province has increased by some 100,000 and further evidence of population movements is to be found in the recent annual report of the chief electoral officer for Northern Ireland laid before your Lordships' House earlier this year. The report shows that, whereas the electorate in Belfast continues to reduce, all other districts have increased in size since the 1982 electoral register was compiled. That formed the basis of the previous review. This increase is particularly noticeable in districts adjacent to Belfast. In addition, since the previous review took place, the Elected Authorities (Northern Ireland) Act 1989 has extended the local government franchise to include some 11,000 persons eligible to vote at parliamentary and European parliamentary but not, until last year, local elections.

The order will enable the commissioner to begin work in earnest by January 1991 with a public announcement that he has commenced his task. He will invite proposals from councils, political parties, associations, organisations and individual members of the public. Consultation with all those involved in local government is an extremely important part of the review. There will be opportunities for all interested groups and individuals to comment at both the provisional and revised recommendation stages, and public hearings are normally held at the various stages to allow individuals the opportunity to expand on any written submissions.

By bringing forward the appointment of the commissioner, it should be possible for a review of local government boundaries to be completed and a report prepared by 1992. It is intended that the commissioner's report, when available, will be considered urgently. If the report recommends any alteration in the number, boundaries or names of any districts or wards, those recommendations will be laid before Parliament together with a draft order to give effect, with or without modifications, to those recommendations.

The local government wards provide the building blocks for parliamentary constituencies. The Parliamentary Boundary Commission has informed my right honourable friend that it is keen to proceed with the next periodical review of constituency boundaries. In the same way that population movements have had an effect on the size of electorates of district council areas, they have also affected the parliamentary constituencies. The commission has, however, come to the conclusion that a periodical review which preceded that of local government boundaries would be quite inappropriate. By bringing forward the appointment of the Local Government Boundaries Commissioner, the Boundary Commission will be in a position to begin its next review earlier than might otherwise be the case. The order therefore meets the views which have been expressed by the commission and will have the effect of synchronising the two reviews. It should avoid the present position of there being a number of wards split between parliamentary constituencies in Northern Ireland. This resulted from the last local government boundaries review following, rather than preceding, the last review by the Boundary Commission. This somewhat confusing situation has been criticised by the Standing Advisory Commission on Human Rights as being unnecessary and irrational, and the Government agree. Attention was also drawn to the problem by the Home Affairs Committee of another place in its second report for 1986–87, and the present order makes the necessary correction.

In order to prevent any recurrence of that kind it is also intended to introduce a degree of flexibility in the arrangements for appointing future Local Government Boundaries Commissioners. The order provides that future appointments shall be made at 10 to 15-year intervals from the date of submission of the final report of the last review rather than the 10-year intervals now laid down in Section 50(1) of the Local Government Act (Northern Ireland) 1972, as amended. This change brings the law in Northern Ireland into line with that in the rest of the United Kingdom. I commend the order to your Lordships. I beg to move.

Moved, That the draft order laid before the House on 18th July be approved [25th Report from the Joint Committee].—(Lord Skelmersdale.)

Lord Prys-Davies

My Lords, I should like to thank the Minister of drawing the attention of the House to the two effects of this very brief but important order. As the law now stands the review would be undertaken in 1992 and then every 10 years thereafter. As a result of the order the commissioner will be appointed within 10 weeks instead of having to wait 62 weeks.

I believe that the Minister has fully explained and justified the order. Therefore, on behalf of these Benches, I am pleased to approve the order.

Lord Skelmersdale

My Lords, I am very grateful to the noble Lord. I should like to thank him for his comment that this is a brief but effective order. I believe that the review of local government boundaries is independent and impartial. It is proposed in the interests of sound, effective and convenient local government in Northern Ireland. I hope that the noble Lord will agree with that sentiment.

Lord Lyell

My Lords, I apologise for intervening at this stage. I was expecting other members of the old boys' club to speak.

I have one query on the order before the House this evening. My noble friend referred to Section 50(1) of the 1972 Act, which is amended. However, he will note that in a footnote to the order there is a reference to the Local Government (Postponement of Elections and Reorganisation) (Northern Ireland) Order. Why were they postponed? I hope that there will be no carry over from that order to the legislation which my noble friend has introduced. If there is any problem in that area perhaps my noble friend could write to me. Both in your Lordships' House and in another place the use of footnotes in connection with legislation relating to Northern Ireland has some dangers. I hope that your Lordships will bear with me. If my noble friend cannot advise me tonight perhaps he can do so in due course.

I agree with my noble friend that Northern Ireland should remain in step with Great Britain and that all the Westminster constituencies should be examined at the same time. I commend the order to the House.

Lord Skelmersdale

My Lords, I am not sure whether it is within the rules of your Lordships' House for me to respond to my noble friend. I do not know the answer for certain, but my guess is that the order to which he referred was almost certainly needed as a result of the Macrory reforms and the subsequent reorganisation of local government in the early 1970s. If I am wrong I shall certainly write to him.

On Question, Motion agreed to.