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Northern Ireland (Miscellaneous Provisions) Bill

I thank the Minister for that attempt to clarify the issue, but he was able to give only one example of the public interest. On two consecutive occasions, he referred to financial interests. That is most regrettable. The Minister says that it would be a brave—a courageous—Secretary of State who used the power for which the Bill provides. The Bill empowers the Secretary of State to override the chief electoral officer if the Secretary of State "““is satisfied that the public interest requires a canvass””." That is in clause 3(2)(b). The clause does not state that the Secretary of State must have reasonable grounds for his belief, or that any other considerations should be taken into account. It merely states that the Secretary of State must be satisfied that there is an overriding public interest before setting aside the chief electoral officer’s recommendation. That wording is carefully chosen. As the hon. Member for South Staffordshire (Sir Patrick Cormack) pointed out, given the inbuilt Government majority, resistance to any order presented to the House in the form of delegated legislation would have no chance of success. Moreover, having been subjected to the affirmative resolution procedure, it would be beyond challenge in the courts. Only the Secretary of State need be satisfied; there are no reviewable objectives or reasonable grounds to determine what constitutes the public interest in this clause. For all those reasons, and having been completely unpersuaded by the Government’s response to legitimate concerns expressed from every part of the Committee, I intend to press my amendment to a vote. Question put, That the amendment be made:— The Committee divided: Ayes 214, Noes 291.