Recall of MPs Act 2015

Recall of MPs Act 2015

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to make provision about the recall of members of the House of Commons; and for connected purposes.
Citation	2015 c. 25
Introduced by	Nick Clegg, Deputy Prime Minister of the United Kingdom
Territorial extent	United Kingdom (England and Wales, Scotland and Northern Ireland)
Dates
Royal assent	26 March 2015 [1]
Commencement	26 March 2015 [2]
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Recall of MPs Act 2015 is an act of the Parliament of the United Kingdom that makes provision for constituents to recall their member of Parliament (MP) and trigger a by-election. It received royal assent on 26 March 2015 after being introduced on 11 September 2014. ^{[1] [2]}

Unlike recall procedures in some other countries, the act does not allow constituents to initiate proceedings. Proceedings are initiated only if an MP is found guilty of wrongdoing fulfilling certain criteria. A petition is successful if at least one in ten voters in the constituency sign. Successful petitions result in the MP vacating the seat, triggering a by-election.

Background

Before the passage of the act there were no mechanisms to recall Members of Parliament (MPs) in the UK. The Representation of the People Act 1981 disqualifies any person serving a jail sentence for more than a year from being an MP, and thus automatically ejects an MP so jailed. MPs involved in scandals or convicted of lesser crimes could be expelled from their party and pressured to resign, but there was no mechanism to force the exit of an MP prior to a general election.

Supporters for introducing recall mechanisms included the pressure group 38 Degrees and the National Union of Students. ^{[3] [4]}

In 2009, a proposed Lords amendment to the Political Parties and Elections Act 2009 would have made the Electoral Commission carry out a review into developing a recall mechanism; the amendment was defeated. A Ten Minute Rule bill was introduced by Douglas Carswell later that year with the aim of introducing both recall and primary elections for candidates; it did not progress. ^[5] The UK government gave a commitment in the 2010 Coalition Agreement to bring into force a power of recall. ^[6] Following the election and the coalition government's commitment, Zac Goldsmith introduced a series of private members bills for a recall process, none of which were successful. ^[5]

In the aftermath of the 2009 expenses scandal, a number of MPs involved in wrongdoing resigned following related court cases—for example Eric Illsley, whose resignation caused the 2011 Barnsley Central by-election, and Denis MacShane, who caused the 2012 Rotherham by-election. Such cases were cited by supporters of recall to allow voters to "sack" MPs who break the rules. ^{[7] [8] [9]}

In June 2012, the Political and Constitutional Reform Select Committee published its reports into the recall process, listing twenty conclusions and recommendations which included the views that "a system of full recall may deter MPs from taking decisions that are unpopular locally or unpopular in the short-term, but which are in the long-term national interest", "[w]e note that expulsion would not prevent the person concerned standing in the resulting by-election. We recommend that the Government abandon its plans to introduce a power of recall", and "We have not seen enough evidence to support the suggestion that it will increase public confidence in politics, and fear that the restricted form of recall proposed could even reduce confidence by creating expectations that are not fulfilled." ^[10]

In October 2014, during the final stage of debate on the bill in the Commons, opponents of the recall process pressed for assurances that voters could not begin recall petitions on the basis of views held or speeches made. Labour MP Geraint Davies said that misuse of the process would be an "intrinsic corruption of our democracy". ^[11] Labour MP Frank Dobson opposed recall as a threat to "hinder social progress" by "vested interests". ^[12]

Opponents of the process further worried that MPs "in fear" of being recalled would increase the number of "automatons and lobby fodder" in the Commons. ^[13]

Details

Section 1 sets out the circumstances in which the Speaker of the House of Commons – or, in certain cases, their deputies – would trigger the recall process:

• Any custodial prison sentence, even if suspended. (A sentence longer than one year would lead to automatic removal under the Representation of the People Act 1981.)
• A conviction for providing false or misleading expenses claims.
• Suspension from the House of at least 10 sitting days or 14 calendar days, following a report by "any committee of the House of Commons concerned with the standards of conduct of individual members of that House" (typically the Commons Select Committee on Standards). ^[14] The Independent Expert Panel (IEP) established in 2020 took on some of the previous role of the Select Committee on Standards, but as it is not a committee of the House, its recommendations originally could not trigger recall. This was changed by an October 2021 amendment to Commons standing orders requiring the Select Committee on Standards to recommend suspension if asked to do so by the IEP. ^[15]

Sections 7–11 outline the procedure whereby the petition is forwarded by the electoral returning officer for the constituency to the MP's constituents for ratification, approval by 10 per cent of the registered electors triggering the loss of the MP's seat and a by-election.

Section 15 confirms that the seat becomes vacant if the petition is successful, if it has not already been vacated by disqualification or death, or otherwise.

Sections 16–22 make further provisions, including prohibiting forecasts of the outcome of active recall petitions which are based on statements from or surveys of potential signatories. ^[16]

Recall procedure

If an MP has been convicted of a criminal offence which would make them eligible for recall, they are not subject to recall until all of their appeals have been exhausted. In such a case, the courts are obliged to inform the Speaker of any progress made during the appeal. ^[5]

Once one of the conditions outlined in the act is fulfilled, the Speaker informs the petitions officer of the constituency; in most cases this would be the returning officer or acting returning officer. The petitions officer is then required to make the practical arrangements for the petition so as to open the proceedings within ten working days after the Speaker's notification. This involves selecting up to ten signing locations where petitioners can sign in person, in a similar manner to election polling stations. ^[17] As with votes in elections, voters are able to sign via post or proxy. ^[18] Campaigning for or against recalling the MP is regulated by spending restrictions. ^[17]

The petition remains open for six weeks. ^[17] No ongoing tally is reported by the petitions officer, and it is not revealed whether the required threshold of 10 per cent of eligible voters threshold has been reached until the close of the petition period. During the petition period the MP remains in office. If the petition is successful the seat becomes vacant and by-election procedures begin. ^[17] The recalled MP is permitted to stand in the by-election.

If the MP vacates the seat, or a general election is called, the recall is halted and the petition ends. ^[17]

The Electoral Commission reviewed the processes involved in the unsuccessful 2018 recall petition, as well as in the two successful recalls in 2019. They found that the three petitions had been carried out effectively and there were no significant problems or indications of fraud, but they identified a number of practical challenges linked to the availability of signing places, the length of the recall period, and the transparency of the process. ^{[19] [20]}

List of recall petitions

Parliament	Petition and by-election	MP			Cause	Outcome
						% signing petition	MP elected in by-election
2017–2019	North Antrim, 2018			Ian Paisley Jr (independent, suspended from Democratic Unionist Party during petition)	30-day suspension from the House	9.4%	N/A
	Peterborough, 2019			Fiona Onasanya (independent, elected as Labour)	Custodial sentence of three months	27.6%		Lisa Forbes (Labour)
	Brecon and Radnorshire, 2019			Christopher Davies (Conservative)	Conviction for providing false or misleading expenses claims	18.9%		Jane Dodds (Liberal Democrats)
2019–present	Rutherglen and Hamilton West, 2023			Margaret Ferrier (independent, elected as SNP)	30-day suspension from the House	14.7%		Michael Shanks (Labour)
	Wellingborough, 2023			Peter Bone (independent, elected as Conservative)	6-week suspension from the House	13.2%		Gen Kitchen (Labour)
	Blackpool South, 2024			Scott Benton (independent, elected as Conservative)	35-day suspension from the House	Petition terminated due to resignation of MP

Potential petitions not held

In addition to the recall petitions that were initiated, there have been several occasions where an MP was found to have committed serious misconduct or a criminal act, but the recall process was not initiated due to subsequent events ^[5] or for other reasons.

Left parliament before petition

• In October 2019, the Committee for Standards recommended that Keith Vaz (Leicester East) be suspended from Parliament for six months after finding that he had offered to buy illegal drugs for sex workers. As Parliament had voted to dissolve itself for the general election six weeks later, the recall process was delayed until after the election; Vaz declined to defend his seat and instead retired from Parliament. ^[21]
• In November 2021, Owen Paterson (North Shropshire) had been found by the Parliamentary Commissioner for Standards to have breached lobbying rules, but the House of Commons voted to reject a proposed 30-day suspension in November 2021 after the government whipped its MPs to vote against the committee's report. The Government subsequently made a U-turn and proposed a new vote, but Paterson chose to resign from Parliament, pre-empting the vote and triggering a by-election. ^[22]
• In October 2022, Chris Matheson (City of Chester) was found to have committed sexual misconduct, and the IEP recommended a suspension of 14 days; he resigned from Parliament on the day the report was published, triggering a by-election without a recall petition. ^[23]
• In June 2023, former Prime Minister Boris Johnson (Uxbridge and South Ruislip) was found by the Committee of Privileges to have deliberately misled Parliament about parties at 10 Downing Street during COVID-19 lockdowns. Initially, the committee planned to propose a suspension of twenty days (triggering a recall petition), but after Johnson made public statements that impugned the committee after being given its report before publication, he was additionally found to be in contempt of Parliament. Johnson resigned as MP before the committee reported, requiring a by-election; the committee said that if he had still been an MP a 90-day suspension would have been recommended. ^[24]
• In September 2023, Chris Pincher (Tamworth) resigned his seat after the Standards Committee recommended an 8-week suspension and he lost his appeal over this recommendation. The suspension was proposed after he drunkenly groped two men. ^[25]

Other petitions not initiated

• In May 2021, Rob Roberts (Delyn) was suspended from the House for six weeks for sexual misconduct, but this did not require a recall petition as his case had been judged by the Independent Expert Panel (IEP) instead of a Commons committee. Parliament closed this loophole in October 2021, with future suspensions recommended by IEP reports triggering the recall process, ^[15] but a vote on applying this revision retrospectively to Roberts failed. ^[26]
• In October 2021, Claudia Webbe (Leicester East) was convicted of harassment and initially sentenced to ten weeks' imprisonment, suspended. However, on appeal her sentence was reduced to a non-custodial one, so no petition was triggered. ^[27]

References

1. "Bill stages – Recall of MPs Act 2015". Parliament of the United Kingdom . Retrieved 23 May 2015.
2. "Recall of MPs Act 2015". The Stationery Office.
3. ONE DOWN TWO TO GO – NICK CLEGG ACCEPTS OUR CALL FOR A RIGHT TO RECALL YOUR MP 38Degrees
4. NUS (15 November 2010). "NUS launches "Right to Recall" campaign". National Union of Students (NUS). Archived from the original on 19 April 2020.
5. Johnston, Neil; Kelly, Richard (27 October 2023). Recall Elections (PDF) (Report). House of Commons Library, Briefing Papers. CBP5089. Describes procedure and includes list of cases, updated as required.
6. Impact Assessment Right to Recall Parliament.uk
7. Voters to get right to sack 'bad apple' MPs as Labour and Lib Dems back stronger Recall powers The Daily Telegraph
8. Public could get right to sack misbehaving MPs The Daily Telegraph
9. Zac's Campaign for True Recall Zac Goldsmith MP
10. "Right to Recall MPs" PCRC Report June 2012
11. The good, the bad and the ugly in the Recall debate Conservative Home
12. Power to the People? This recall Bill will do no such thing The Guardian
13. Say No! to the recall of MPs Labour List
14. "Correspondence with Mr Speaker concerning the Recall of MPs Act 2015" . Retrieved 5 March 2023.
15. • "Independent Expert Panel Recommendations for Sanctions and the Recall of MPs Act 2015". Hansard. UK Parliament. 19 October 2021. Retrieved 1 August 2023.
    • "MPs close loophole which stopped Rob Roberts facing by-election". ITV News. 19 October 2021. Retrieved 29 April 2022.
    • "Standing Orders of the House of Commons: Public Business 2021". Parliament of the United Kingdom. Rule 150E: IEP recommendations for sanctions and the Recall of MPs Act 2015. Retrieved 11 January 2023.
16. "BBC – Editorial Guidelines – Editorial Guidelines". BBC. Retrieved 20 March 2019. There are automatic reporting restrictions in relation to recall petitions. They state that until the end of the last day of the signing period of the petition we must not publish / broadcast: Any statement relating to whether any person has signed the petition where that statement is (or might reasonably be taken to be) based on information given by that person; or Any forecast as to the result of the petition which is (or might reasonably be taken to be) based on information so given.
17. Library, House of Commons (10 August 2018). "The first use of a 'recall petition' in the UK". House of Commons Library. Retrieved 26 March 2019.
18. McCormack, Jayne (16 August 2018). "Ian Paisley recall petition opens" . Retrieved 26 March 2019.
19. "Report: 2018 recall petition in North Antrim". Electoral Commission. 5 November 2018.
20. "The process to challenge a sitting MP: review of the 2019 recall petitions". Electoral Commission. 10 October 2019.
21. Skopeliti, Clea (10 November 2019). "Labour's Keith Vaz to stand down at general election". The Guardian. ISSN   0261-3077 . Retrieved 15 June 2023.
22. Parker, George; Hughes, Laura; Cameron-Chileshe, Jasmine (4 November 2021). "Tory MP in sleaze row quits as Boris Johnson makes U-turn over standards reform". Financial Times.
23. "Labour MP Christian Matheson resigns over sexual misconduct". BBC News. 21 October 2022. Retrieved 15 June 2023.
24. Allegretti, Aubrey (15 June 2023). "Boris Johnson deliberately misled parliament over Partygate, MPs find". The Guardian.
25. Andy Giddings & Press Association (7 September 2023). "MP Chris Pincher quits after losing groping appeal". BBC News.
26. "Commons suspends Tory MP Rob Roberts over sexual harassment". the Guardian. 27 May 2021. Retrieved 27 May 2021.
27. Murray, Jessica (26 May 2022). "Ex-Labour MP Claudia Webbe loses appeal against harassment conviction". The Guardian. ISSN   0261-3077 . Retrieved 15 June 2023.

External links

• Text of the Recall of MPs Act 2015 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .