Tag Archives: Recall of MPs Act

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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175 not out: the new edition of Erskine May and eight years of constitutional change

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sir_david_natzler.smiling.cropped.3840x1920.jpgIn March, Sir David Natzler retired as Clerk of the Commons after over 40 years in the House. Now, he is the co-editor of Erskine May, the 25th edition of which is the first new edition in eight years, and is freely available to the public: a significant change. Here, Sir David discusses some of the key changes to the text after what can only be described as an eventful eight years for the Commons. 

The years since the last edition of Erskine May in 2011 have been pretty turbulent by any standards. We have had three types – coalition, majority and minority – of government, two general elections, three national referendums and numerous constitutional statutes of real significance. So it was plainly time for a new edition of this timeless work, which is often referred to but rarely read.

The new Erskine May is exciting to me because, as its co-editor, I had the happy task of reading through the chapters as they emerged from the efforts of many of my former colleagues. We all had to ask ourselves: is this a clear and honest account of parliamentary procedure and practice, and if not, how far can we go in recasting it? It is not a new book; but nor is it merely a historical text with minor amendments for the benefit of a modern audience. New content has been added, but nothing has been asserted without due authority, and we also recognise that some assertions of the past are too precious to be excised. Paragraph 21.4 on the rule against reading of speeches is as good an example as any: the principle remains valued by some MPs but it would be idle to pretend that it is rigorously observed in practice. There has to be some wishful thinking.

Who is this edition of Erskine May for? Plainly for practitioners, meaning the occupants of the Chair (such as the Speaker and Deputy Speakers), those who advise them, MPs and officials. But it is not just for them. Recent controversy over decisions by the Speaker on procedural issues related to Brexit and threats of early or extended prorogation by some candidates for leadership of the Conservative Party have served to remind all of us that parliamentary procedures are not some sort of secret masonic ritual to be understood only by a priestly caste of clerks and a handful of others, but are as integral to a parliamentary democracy as electoral rules. And it is not just for Westminster: one of my great pleasures as Clerk was to receive emails from colleagues around the Commonwealth seeking elucidation of a procedural – and usually political – issue where their knowledge of what was said in Erskine May was far in advance of my own!

Fortunately this edition has been preceded by two very different works which help set it in context. In 2018 the Commons authorities published a Guide to Procedure which is intended to help those involved in its day to day work, set out in plain English. It is of course available online. And secondly, at the end of 2017 Hart Publishing produced a book of essays – edited by current Clerk of Committees Paul Evans, entitled Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May, to mark the great man’s 200th birthday in 2015. Continue reading →