Tag Archives: Owen Paterson

Recall petitions: process, consequences, and potential reforms

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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.

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Unchecked power? How recent constitutional reforms are threatening UK democracy

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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.

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The Queen’s speech, the Johnson government, and the constitution – lessons from the 2021-22 session

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As a new session of parliament commences, Lisa James discusses what constitutional lessons can be learned from its predecessor. She argues that the government’s legislation and its approach to parliamentary scrutiny in the 2021-22 session suggest that a disregard for checks and balances, a tendency to evade parliamentary scrutiny, and a willingness to bend constitutional norms are fundamental traits of the Johnson premiership.

A new parliamentary session began last week, with a Queen’s speech that laid out a highly ambitious volume of new bills. Many of these are likely to prove controversial – including planned constitutional measures.

To assess how the government might proceed, and how this might play out in parliament, it is useful to look back at the 2021-22 session. This was the first of Boris Johnson’s premiership not wholly dominated by Brexit or the COVID-19 pandemic – offering insight into both the government’s constitutional agenda, and its broader legislative approach. Since becoming Prime Minister, Johnson has been accused of a disregard for checks and balances, a tendency to evade parliamentary scrutiny, and a willingness to bend constitutional norms. In earlier sessions, his supporters could blame the exigencies of Brexit and the pandemic – citing the need for rapid action in the face of fast-moving situations. But the government’s legislation and its approach to parliamentary scrutiny in the 2021-22 session suggest that these are more fundamental traits of the Johnson premiership. And whilst Johnson has thus far been successful in passing his constitutional legislation, his rocky relationships with both MPs and peers mean that he may face greater difficulties in the future.

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Partygate illustrates the fundamental constitutional responsibility of government MPs

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Boris Johnson and his Chancellor have now been fined for breaking lockdown restrictions. Both have misled parliament over Downing Street parties. These are clear breaches of the Ministerial Code, which should lead to resignation. If the PM refuses to police the Code, says Meg Russell, that constitutional responsibility rests with MPs. A failure to exercise it would seriously undermine both the integrity of, and public trust in, the democratic system.

The Prime Minister and Chancellor of the Exchequer have been issued fixed penalty notices for breaching COVID-19 lockdown rules over parties in Downing Street. This means that they have broken the Ministerial Code on two counts. Paragraph 1.3 emphasises ‘the overarching duty on Ministers to comply with the law and to protect the integrity of public life’. But the police have concluded that the law has been broken. Paragraph 1.3c of the Code then states that:

It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister.

But it has been clear for some time that Johnson breached this rule, by repeatedly insisting in the House of Commons that all regulations were followed, and denying knowledge of Downing Street parties, when it subsequently emerged that he had attended such gatherings. Multiple sources have catalogued these denials. Rishi Sunak also said on the parliamentary record that he ‘did not attend any parties’.

But the final line of paragraph 1.3c is the rub. While both of these forms of breach would normally be considered resigning matters, the ultimate keeper of the Code is the Prime Minister himself. He has already faced down criticism over failing to uphold it in the case of bullying allegations against Home Secretary Priti Patel, which led to the resignation of the Independent Adviser on Ministers’ Interests. Both Johnson and Sunak have insisted that they are not going to resign, indicating that the Prime Minister is once again setting aside the Code – this time over multiple breaches, which are highly publicly salient.

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