PL's Application v Boundary Commission of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 28 May 2019 |
| Neutral Citation | [2019] NIQB 74 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 28 May 2019 |
1
Neutral Citation No: [2019] NIQB 74
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC10965
Delivered: 28/5/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
_______
No: 2018/117698/01
IN THE MATTER OF AN APPLICATION BY PL FOR JUDICIAL REVIEW
v
BOUNDARY COMMISSION FOR NORTHERN IRELAND
_________
McCLOSKEY J
Introduction
[1] The central issue raised by this challenge is whether the Boundary
Commission for Northern Ireland (“the Commission”), in adopting its “Final
Recommendations Report” (the “FRR”), the product of its obligatory statutory
review of Parliamentary constituencies in this jurisdiction, erred in law in its
consideration and application of certain provisions of the governing legislation
and/or in its observance of the common law principles relating to consultation.
Statutory Matrix
[2] The statutory framework within which the Commission was at all material
times operating is contained in The Parliamentary Constituencies Act 1986 (the
“1986 Act”). This has the following salient provisions.
Section 2
“(1) For the purpose of the continuous review of the
distribution of seats at parliamentary elections, there shall
continue to be four permanent Boundary Commissions,
namely a Boundary Commission for England, a Boundary
Commission for Scotland, a Boundary Commission for
Wales and a Boundary Commission for Northern Ireland.
2
(2) Schedule 1 to this Act shall have effect with respect
to the constitution of, and other matters relating to, the
Boundary Commissions.
…
(5) As soon as may be after the submission of a report
under subsection (1) above, the Secretary of State shall lay
the report before Parliament.
(5A) As soon as may be after the submission of all four
reports under subsection (1) above that are required by
subsection (2) above to be submitted before a particular
date, the Secretary of State shall lay before Parliament the
draft of an Order in Council for giving effect to the
recommendations contained in them.”
Section 3
“(1) Each Boundary Commission shall keep under
review the representation in the House of Commons of the
part of the United Kingdom with which they are concerned
and shall, in accordance with subsection (2) below, submit
to the [Secretary of State/ Minister for the Cabinet Office]
reports with respect to the whole of that part of the United
Kingdom, either—
(a) showing the constituencies into which they
recommend that it should be divided in order to give
effect to the rules set out in Schedule 2 to this Act
(read with paragraph 7 of that Schedule), or
(b) stating that, in the opinion of the Commission, no
alteration is required to be made in respect of that
part of the United Kingdom in order to give effect to
the said rules.
(2) A Boundary Commission shall submit reports
under subsection (1) above periodically—
(a) before 1st October 2018 but not before 1st
September 2018, and
(b) before 1st October of every fifth year after that.
Section 4
(1) The draft of any Order in Council laid before
Parliament by the [Secretary of State/Lord President of the
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