Recall of MPs Act 2015

Recall of MPs Act 2015

Act of Parliament
Parliament of the United Kingdom
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: Current legislation
History of passage through Parliament
Text of statute as originally enacted

The Recall of MPs Act 2015 (c. 25) is an act of the Parliament of the United Kingdom that makes provision for constituents to be able to recall their Member of Parliament (MP) and call a by-election. It received royal assent on 26 March 2015 after being introduced on 11 September 2014.^[1][3]

Unlike recall procedures in some other countries, the act does not allow constituents to initiate proceedings. Instead, proceedings are initiated only if an MP is found guilty of a wrongdoing that fulfils certain criteria. This petition is successful if at least one in ten voters in the constituency sign. Successful petitions force the recalled MP to vacate the seat, resulting in a by-election.

To date, three petitions have been made under the act; two of these received sufficient signatures to trigger 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 in jail 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.^[4][5] The UK government gave a commitment in the 2010 Coalition Agreement to bring into force a power of recall.^[6] In the aftermath of the United Kingdom parliamentary expenses scandal, a number of MPs involved in wrongdoing resigned after 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—were cases brought up 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 of the act[]

Section 1 sets out the circumstances in which the Speaker of the House of Commons would trigger the recall process, namely:

• A custodial prison sentence (including a suspended sentence)^[14]
  • Note that MPs imprisoned with sentences greater than one year are automatically removed due to the Representation of the People Act 1981
• Suspension from the House of at least 10 sitting days or 14 calendar days, following a report by the Committee on Standards;
• A conviction for providing false or misleading expenses claims.

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 outlawing forecasts of the outcome of active recall petitions which are based on statements from or surveys of potential signatories.^[15]

Recall procedure[]

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, these function in a similar manner to election polling stations.^[16] As with votes in elections, voters are able to sign via post or proxy.^[17] Campaigning for or against recalling the MP is regulated by spending restrictions.^[16]

The petition remains open for six weeks.^[16] No ongoing tally is reported by the petitions officer and it is not revealed if 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.^[16] 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.^[16]

Recall petitions made under the act[]

A recall petition was not triggered in the case of Rob Roberts' six-week House suspension in May 2021 as this case was judged by the rather than the Committee on Standards. This was described as an 'anomaly' in the procedure. Leader of the House Jacob Rees-Mogg stated that Roberts should resign and pledged to review whether the scope of recall should be extended to such cases.^[19]

A recall petition could have been triggered in the case of Owen Paterson, but the House of Commons, following a Government whipping action, voted to reject a proposed 30-day suspension in November 2021. The Government subsequently backtracked on that position and proposed a new vote, but Paterson chose to resign, so no petition will occur.^[20]

References[]

External links[]

• Text of the Recall of MPs Act 2015 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.