Recall of MPs Act 2015

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 automatically ejects any MP sentenced to jail for more than a year. MPs involved in scandals or convicted of lesser crimes could be 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]

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 of a year or less (longer sentences automatically disqualify MPs without need for a petition 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.[14]

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