Recall of MPs Act 2015

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Recall of MPs Act 2015
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 11 September 2014
Territorial extent United Kingdom
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Text of statute as originally enacted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 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 opposes 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 Constitutency to the MP's constitutents 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

References

  1. 1.0 1.1 Lua error in package.lua at line 80: module 'strict' not found.
  2. Lua error in package.lua at line 80: module 'strict' not found.
  3. Lua error in package.lua at line 80: module 'strict' not found.
  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. Lua error in package.lua at line 80: module 'strict' not found.

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