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Northern Ireland (Miscellaneous Provisions) Bill

I hope that what I say helps the hon. Gentleman because I know that he is trying to be helpful. If the chief electoral officer determined that a canvass should take place, but the Secretary of State determined that it should not, I am sure that the Secretary of State would have to publish his reasons because the chief electoral officer could, if he wished, make public the fact that he had made a recommendation to that effect. The Secretary of State would thus have to argue publicly the reasons why he did not accept the recommendation. The phrases involving public interest that have caused hon. Members concern are contestable phrases. The concepts are known to the courts and contestable in the courts, and the Secretary of State would, potentially, have to publish his reasons for disagreeing with the chief electoral officer. Additionally, the Secretary of State’s decision could be subject to judicial review in the courts if any individual were so minded to contest that view.