Recall of MPs Act 2015

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Recall of MPs Act 2015
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
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Text of statute as originally enacted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]

Contents

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:

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

ParliamentPetition and by-electionMPCauseOutcome
% signing petitionMP elected in by-election
2017–2019 North Antrim, 2018 Ian Paisley Jr
(independent, suspended from DUP during petition)
30-day suspension from the House9.4%Petition unsuccessful
Peterborough, 2019 Fiona Onasanya
(independent, elected as Labour)
Custodial sentence of three months27.6% Lisa Forbes
(Labour)
Brecon and Radnorshire, 2019 Christopher Davies
(Conservative)
Conviction for providing false or misleading expenses claims18.9% Jane Dodds
(Liberal Democrats)
2019–2024 Rutherglen and Hamilton West, 2023 Margaret Ferrier
(independent, elected as SNP)
30-day suspension from the House14.7% Michael Shanks
(Labour)
Wellingborough, 2023 Peter Bone
(independent, elected as Conservative)
6-week suspension from the House13.2% Gen Kitchen
(Labour)
Blackpool South, 2024 Scott Benton
(independent, elected as Conservative)
35-day suspension from the HousePetition terminated due to resignation of MP
2024-present
No recall petitions have yet taken place

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

Other petitions not initiated

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References

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  2. 1 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. 1 2 3 4 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. Dobson, Frank (21 October 2014). "Power to the people? This recall bill will do no such thing". The Guardian. Guardian News & Media Limited. Retrieved 19 July 2024.
  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. 1 2
  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. 1 2 3 4 5 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.