Process for determining electoral boundaries in Scotland: consultation

Approval and Parliamentary Process

In Scotland, currently proposals made by Boundaries Scotland are subject to a vote in the Scottish Parliament before they are approved. There are a variety of processes used internationally to approve recommendations made by boundary commissions. Generally, a form of parliamentary process is required in order to set the new boundaries in law, however this process differs between countries. Some examples are set out below.

UK (Westminster constituencies and electoral boundaries for Welsh Senedd elections)

• When the four UK Boundary Commissions (one Commission from each of the four countries within the UK) makes final recommendations for boundary changes for the UK Parliament they are submitted to the Speaker of the House of Commons and the relevant Secretary of State.
• A draft Order in Council must then be submitted which gives effect to the recommendations made within four months of the final recommendations being submitted.
• There is no parliamentary debate or opportunity for MPs or Ministers to vote on, or reject the recommendations made by the Boundary Commissions. However, a statement of modifications can made in that four month period.
• This process is very similar to that used for the approval of Welsh Senedd constituency reviews. Regulations are laid under ‘no-procedure’, which means Members of the Senedd do not vote on the regulations.
• For both of these procedures, proposals can still be challenged via Judicial Review

Australia (Federal constituencies)

• A Redistribution Committee holds a consultation on suggested boundary changes, to which the public can make objections. These objections are considered by an Augmented Electoral Commission who then make final recommendations.
• These recommendations are sent to the Minister, and then must be tabled in Parliament within 5 days.
• There is no opportunity for parliamentarians to amend or reject the proposed changes in any way, nor are the proposals subject to any appeal or legal challenge.

New Zealand

• The Electoral Commission present their recommendations directly to the Governor-General at the same time as they are tabled in Parliament.
• Outside of the public consultation period, there is no opportunity for Parliamentarians to object to or vote on the recommendations.

Canada (Federal constituencies)

• Recommendations are submitted to parliament, where Members of Parliament are able to table objections to the report if they have concerns about process, however any written objection must be co-signed by a minimum of 10 MPs.
• The report is returned to the commission with any approved objections, and a final report is written by the commission.
• The Electoral Commission drafts an Order describing the electoral districts published by the boundaries commission, and it is sent to the responsible Minister. Within five days of receipt by the Minister, the Order is declared to be in force by the Governor-in- Council.