Recall of MPs Act 2015

The Recall of MPs Act 2015 is an Act of the Parliament of the United Kingdom that received Royal Assent on 26 March 2015 after being introduced on 11 September 2014.^[1][3]

The Coalition Government of the UK gave a commitment in the 2010 Coalition Agreement to bring forward the power of recall.^[4]

Background

There were no mechanisms to recall Members of Parliament in the UK, an oversight the Bill and its supporters wished to redress. Supporters included the pressure group 38 Degrees and the National Union of Students.^[5][6]

In June 2012, the Political and Constitutional Reform 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."^[7]

In the aftermath of the United Kingdom parliamentary expenses scandal, a number of Members of Parliament involved in wrongdoing resigned as MPs following related court cases—for example, Eric Illsley, whose resignation caused the Barnsley Central by-election, 2011, and Denis MacShane, who caused the Rotherham by-election, 2012, were cases brought up by supporters of recall to allow voters to "sack" MPs who break the rules.^[8][9][10]

In October 2014, during the final stage of debate of 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, with Labour MP Geraint Davies calling 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]

Alternative Bill

Conservative MP Zac Goldsmith had introduced a similarly named "Recall of Elected Representatives Bill" in September 2014.^[14]

Details of the Act

Section 1 sets out the processes by which the Speaker of the House of Commons would trigger the recall process, namely a custodial prison sentence, suspension from the House ordered by the Committee on Standards, or 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, a 10% approval triggering the loss of the MP's seat and a by-election, with Section 15 confirming the MPs seat becomes vacant if the petition is successful, notwithstanding the vacating on the seat by resignation or death.

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

References