Tag Archives: Committee on Standards

Recall petitions: process, consequences, and potential reforms

Posted on by

A recall petition is currently open in Wellingborough, which could lead to MP Peter Bone being recalled by his constituents, followed by a by-election. This is the fifth such petition in as many years. Tom Fleming outlines how the UK’s recall system works, summarises its effects to date, and outlines possible areas for reform.

How do recall petitions work in the UK?

A system for ‘recalling’ MPs was first introduced in the UK by the Recall of MPs Act 2015, which came into force in March 2016. This legislation was introduced by the Conservative and Liberal Democrat coalition government, following commitments to some kind of recall procedure in both parties’ 2010 election manifestos.

In short, recall is a process by which voters are empowered to remove (i.e. ‘recall’) their MP prior to a general election if they are found to have committed certain types of serious wrongdoing.

Under section 1 of the 2015 Act, the recall process is triggered whenever an MP meets one of three conditions:

  • receiving a criminal conviction that leads to a custodial sentence (though sentences of more than a year already lead to disqualification from being an MP, under the Representation of the People Act 1981),
  • being suspended from the House of Commons for at least 10 sitting days (or two weeks) after a report from the Committee on Standards (or another committee with a similar remit), or
  • being convicted of making false or misleading expenses claims under the Parliamentary Standards Act 2009.

If any of these conditions is met, a recall petition is opened for six weeks in the affected MP’s constituency. If 10% of registered voters sign the petition by the deadline, the seat is declared vacant, and a by-election is held to elect a new MP (though the recalled MP remains free to stand again as a candidate). If the petition fails to reach the 10% threshold, no by-election is held and the MP retains their seat.

Continue reading →

Unchecked power? How recent constitutional reforms are threatening UK democracy

Posted on by

The constitution has consistently felt under strain in recent years, following a succession of crises. Alison Young argues that a written constitution is not necessarily the solution to this problem, concluding that it is important to ensure that key constitutional guardrails are not just defended against abolition, but protected from gradual degradation as well.

Ever since the outcome of the Brexit referendum in June 2016, it seems like the UK constitution has lurched from crisis to crisis. Even after negotiating Brexit, the UK had to deal with a global pandemic – something, it would appear from hearings of the Covid-19 inquiry, for which the UK was not fully prepared.

With commentators naturally immersed in these key issues, there has been less attention paid to other, quieter, aspects of constitutional reform. The Dissolution and Calling of Parliament Act 2020, for example, appears to have barely registered with the general public. There is probably even less awareness of the changes to the oversight of the Electoral Commission provided for in the Elections Act 2022. Yet both reshaped the UK constitution.

Continue reading →

Positioning for the next election

Posted on by

Today, the Unit published Monitor 85, providing analysis of constitutional events over the last four months. It covers a continuing crisis of parliamentary scrutiny and political standards, a string of avoidable by-elections, the continuing stalemate in Northern Ireland, SNP travails in Scotland, electoral reform in Wales, and a failed referendum campaign in Australia. This post, which also serves as this issue’s lead article, outlines how the government and its opponents are starting to draw the battle lines for the next general election against a background of constitutional change and challenges throughout the United Kingdom.

Rishi Sunak marked his first anniversary as Prime Minister on 25 October. The legacy of his predecessors continued to dog him over the summer. Boris Johnson’s resignation from parliament in June – covered in the last issue of Monitor – triggered a by-election in his constituency of Uxbridge and South Ruislip. The Conservative Party hung on there, but lost four other by-elections in safe seats, three of which were called due to reasons related to Johnson’s departure. Meanwhile, the Covid-19 inquiry revealed what many saw as chaos at the heart of government.

Sunak sought to reset his image in September, as a Prime Minister focused on making the right long-term decisions. He acknowledged that ‘people in our country are frustrated with our politics’, saying, ‘I know that they dislike Westminster game playing, the short termism, and the lack of accountability.’ He pledged ‘a wholly new kind of politics’ with ‘space for a better, more honest debate about how we secure the country’s long-term interest.’ Announcing a shift in net zero policy, he added, ‘in a democracy, we must also be able to scrutinise and debate those changes’.

These were virtuous sentiments, chiming strongly with much of what defenders of core democratic and constitutional principles have been pressing for in recent years. But aspects of the speech appeared to undermine them. Some dropped policies had never actually existed. Sunak’s call for accountability and scrutiny was delivered on the first day of a parliamentary recess, leaving MPs unable to question him on his plans for almost a month. The Commons Speaker, Lindsay Hoyle, responded with a sharply worded rebuke.

Continue reading →

Parliamentary standards: priorities for the new Commissioner 

Posted on by

In this blog post, the Parliamentary Commissioner for Standards, Daniel Greenberg CB, discusses the key themes of his first months in post, providing a snapshot of the top issues he and his team are working on. The Commissioner’s Annual Report 2022-23 was published on 12 July.

Engagement and outreach are priorities for my five-year term, as I hope to explore and address the causes of low public engagement with the political system and parliament.

In my first annual report, which was published this week, I describe the work my team and I are undertaking to support this work, including a series of Principles in Practice seminars, in and outside Westminster, that explore how the Seven Principles of Public Life (that underpin the Code of Conduct for MPs, and which are also known as the Nolan Principles) already inspire the day-to-day workings of MPs’ offices. Appendix 5 of the report includes anonymised case studies drawn from MPs’ offices, to share and inspire examples of principles-driven best practice.

My report also contains my reflections, informed by my engagement with the hundreds of emails, letters and calls my office receives from members of the public each month, on two of the most prevalent topics of complaint that I receive: MPs’ responsiveness to constituency correspondence; and the language and tone of some MPs’ expression of views and opinions.

MPs’ responsiveness to constituency correspondence

I am concerned about the very large number of complaints that I receive about lack of responsiveness to constituency correspondence, which suggest that there is a general perception on the part of some members of the public that some MPs are not attaching sufficient importance to responding to enquiries and other correspondence from constituents.

Continue reading →