Cornwall Council to consider Devonwall proposal

The members of the unitary authority will be considering their position on the parliamentary Boundary Review tomorrow.

Back in May, councillors voted to oppose the creation of a Devonwall seat after I had tabled a motion to that effect. In particular, it was resolved that:

“1. that the Government be urged to respect the spirit of the Framework Convention for the Protection of National Minorities and take all necessary steps to amend the Act [Parliamentary Voting System and Constituencies Act 2011] prior to completion of the said parliamentary constituency review to specifically protect the parliamentary constituencies of Cornwall so that they remain fully within the boundary of Cornwall;
2. to write to all the Members of Parliament for Cornwall to seek their urgent and active support for the proposed amendment as set out under paragraph (1) above; and
3. that the Leader seek an urgent meeting with the Boundary Commission for England to raise the fundamental constitutional issue of the integrity of Cornwall’s boundary and the impact of the said Framework Convention that is critical to the effective implementation of the said parliamentary constituency review.”

The recommendation in the report for tomorrow’s meeting does not deviate from this. It sets out the nature of the representations to be made to the Boundary Commission, but also sets out that the Council will continue to lobby central government to change the Parliamentary Voting System and Constituencies Act.

I am optimistic that councillors will support the recommendation that has been prepared.

One point of particular note is that Cornwall Council has sought legal advice on whether it would be possible to launch some form of judicial challenge. The answer, from two prominent QCs, is not helpful in that regard.

The view is summarised as follows in the report: 

“The legislation governing the boundary review does not breach the rights of Cornish people under the Framework Convention for the Protection of National Minorities. The Framework Convention is not part of UK law and so it cannot be used to mount a direct challenge to an Act of Parliament and any further change to the 1986 Act Parliamentary Constituencies Act 1986 [as amended by the Parliamentary Voting System and Constituencies Act 2011] is a matter for Parliament.”

But this does not stop us from continuing to lobby central government to respect the spirit of the Framework Convention. Indeed, this must still be our priority.