Recall of MPs Act 2015

Recall of MPs Act 2015
Act of Parliament
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Text of statute as originally enacted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 made provision for constituents to be able to recall their Member of Parliament and call a by-election. It 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 (MPs) in the UK, something this Bill was designed 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 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."[7]

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 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 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]

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 circumstances in 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, approval by 10% 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.

Recall petitions made under the act

References

  1. 1 2 "Bill stages — Recall of MPs Act 2015". Parliament of the United Kingdom. Retrieved 23 May 2015.
  2. ↑ "Recall of MPs Act 2015". The Stationery Office. Retrieved 23 May 2015.
  3. ↑ "Recall of MPs Act 2015 - Legislation PDF" (PDF). The Stationery Office. Retrieved 23 May 2015.
  4. ↑ Impact Assessment Right to Recall Parliament.uk
  5. ↑ ONE DOWN TWO TO GO – NICK CLEGG ACCEPTS OUR CALL FOR A RIGHT TO RECALL YOUR MP 38Degrees
  6. ↑ NUS launches "Right to Recall" campaign NUS
  7. ↑ "Right to Recall MPs" PCRC Report June 2012
  8. ↑ Voters to get right to sack 'bad apple' MPs as Labour and Lib Dems back stronger Recall powers The Daily Telegraph
  9. ↑ Public could get right to sack misbehaving MPs The Daily Telegraph
  10. ↑ Zac's Campaign for True Recall Zac Goldsmith MP
  11. ↑ The good, the bad and the ugly in the Recall debate Conservative Home
  12. ↑ Power to the People? This recall Bill will do no such thing The Guardian
  13. ↑ Say No! to the recall of MPs Labour List
  14. ↑ "Recall of Elected Representatives Bill 2014-15". Parliament of the United Kingdom. Retrieved 23 May 2015.
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