Tag Archives: recall

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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Positioning for the next election

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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.

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Pressures to recall parliament over Brexit during the summer seem likely – what if they occur?

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meg_russell_2000x2500.jpgIMG_20190723_020219.jpg (1)A new Prime Minister is expected to be appointed tomorrow, the day before MPs break up for the summer recess. With just 14 weeks remaining before the current Article 50 deadline, the Commons is then not due to meet for almost six weeks. This creates some very obvious scrutiny gaps. Meg Russell and Daniel Gover suggest that pressures for a Commons ‘recall’ during the summer recess seem likely, but that this will revive difficult questions about who can, and should be able to, recall MPs.

On Thursday, MPs are due to leave Westminster for the summer recess. Yet, barring mishaps, a new Prime Minister is expected to be installed in Downing Street only the preceding day, making immediate parliamentary scrutiny of the new government’s key decisions all but impossible. An added pressure, of course, comes from the Brexit context. The current Article 50 deadline for the UK to depart the EU is 31 October, but parliament is due to remain closed for around half that time – for almost six weeks initially, until 3 September, followed by another break for the party conferences. During this period, calls for parliamentary scrutiny of the new government – most obviously over Brexit – seem very likely to grow. 

In this post we examine the pressures that may build for a recall of parliament during the summer, and what mechanisms exist for MPs if they do. Crucially, a formal Commons recall can only be initiated by the government – which may push parliamentarians towards innovative solutions. In the longer term, pressures for reform of the recall process may well be revived. 

Why there may be pressures for recall 

Demands for the Commons to be recalled from a recess are not unusual, as discussed below. However, they seem especially probable this year. MPs are set to break up just one day after the new Prime Minister takes office, while the tensions over Brexit and how he intends to handle this (particularly if the winner is Boris Johnson) are running high.

An initial challenge, raised in another recent post on this blog, is whether it will even be possible to know that the new Prime Minister and his government enjoy the confidence of parliament. The first action of a new premier is to appoint a cabinet, followed by junior ministers. Within the 24 hours available to the House of Commons, this process may not be complete. As the Commons’ confidence depends not only on the personality of the Prime Minister, but the personalities and balance of the whole government, this could well be brought into doubt. Additionally, there will be very little time under current plans for parliament to quiz the Prime Minister on his Brexit strategy. A statement on Wednesday afternoon or Thursday is possible, but not assured – and if MPs are dissatisfied there will be very little time to respond. The immediate start to the recess hence already looks problematic, and MPs may depart amidst claims that the new Prime Minister is dodging scrutiny. Continue reading →

Continuing resentment against ‘establishment’ politicians has brought the right of recall back on to the legislative agenda

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Robert Hazell discusses the challenges around developing legislation that will permit MPs to be recalled.

It was not a complete surprise to see the right of recall in the Queen’s Speech. The coalition government had kept open the option of legislating in a series of exchanges with the Political and Constitutional Reform Committee over the last two years.  The proposals stem originally from the MPs’ expenses scandal in 2009, which led all three major parties to include almost identical proposals for a right of recall in their election manifestos in 2010.  The precise commitment of the coalition parties in the May 2010 Programme for Government was framed as follows:

Image credit- UK Parliament

Image credit: UK Parliament

‘We will bring forward early legislation to introduce a power of recall, allowing voters to force a by-election where an MP was found to have engaged in serious wrong doing and having had a petition for a by-election signed by 10 per cent of his or her constituents’.

True to its word, in December 2011 the government published a draft bill and White Paper.  But in 2012 the Commons Political and Constitutional Reform Committee (PCRC) produced a very critical report, which led the government to pause.  The committee feared that the restricted form of recall proposed could reduce public confidence in politics by creating expectations that were not fulfilled.  The government’s long pause suggests that it may have shared the committee’s doubts.  But the rise of UKIP in the 2014 elections and continuing resentment against ‘establishment’ politicians tipped the balance: the government felt obliged to be seen to be doing something.

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