Recall of MPs Act 2015
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The Recall of MPs Act 2015 is an act of the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
that makes provision for constituents to recall their member of Parliament (MP) and trigger a
by-election A by-election, also known as a special election in the United States and the Philippines, or a bypoll in India, is an election used to fill an office that has become vacant between general elections. A vacancy may arise as a result of an incumben ...
. It received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 26 March 2015 after being introduced on 11 September 2014. Unlike recall procedures in some other countries, the act does not allow constituents to initiate proceedings. Proceedings are initiated only if an MP is found guilty of wrongdoing fulfilling certain criteria. A petition is successful if at least one in ten voters in the constituency sign. Successful petitions result in the MP vacating the seat, triggering 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 serving a jail sentence 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 38 Degrees is a British not-for-profit political-activism organisation. It describes itself as " progressive" and claims to "campaign for fairness, defend rights, promote peace, preserve the planet and deepen democracy in the UK". 38 Degrees t ...
and the National Union of Students. In 2009, a proposed Lords amendment to the Political Parties and Elections Act 2009 would have made the Electoral Commission carry out a review into developing a recall mechanism; the amendment was defeated. A
Ten Minute Rule The Ten Minute Rule, also known as Standing Order No. 23, is a procedure in the House of Commons of the United Kingdom for the introduction of Private members' bills in the Parliament of the United Kingdom, private member's bills in addition to ...
bill was introduced by Douglas Carswell later that year with the aim of introducing both recall and
primary election Primary elections or primaries are elections held to determine which candidates will run in an upcoming general election. In a partisan primary, a political party selects a candidate. Depending on the state and/or party, there may be an "open pr ...
s for candidates; it did not progress. Describes procedure and includes list of cases, updated as required. The UK government gave a commitment in the 2010 Coalition Agreement to bring into force a power of recall. Following the election and the coalition government's commitment,
Zac Goldsmith Frank Zacharias Robin Goldsmith, Baron Goldsmith of Richmond Park, (born 20 January 1975) is a British politician, life peer and journalist who served as Minister of State for Overseas Territories, Commonwealth, Energy, Climate and Environmen ...
introduced a series of private members bills for a recall process, none of which were successful. In the aftermath of the 2009 expenses scandal, a number of MPs involved in wrongdoing resigned following related court cases—for example Eric Illsley, whose resignation caused the 2011 Barnsley Central by-election, and
Denis MacShane Denis MacShane (born Josef Denis Matyjaszek; 21 May 1948) is a British former politician, author, commentator and convicted criminal who served as Minister of State for Europe from 2002 to 2005. He joined the Labour Party in 1970 and has held ...
, who caused the 2012 Rotherham by-election. Such cases were cited by supporters of recall to allow voters to "sack" MPs who break the rules. 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", 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." 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". Labour MP
Frank Dobson Frank Gordon Dobson (15 March 1940 – 11 November 2019) was a British Labour Party politician. As Member of Parliament (MP) for Holborn and St. Pancras from 1979 to 2015, he served in the Cabinet as Secretary of State for Health from 1997 ...
opposed recall as a threat to "hinder social progress" by "vested interests". 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.


Details

Section 1 sets out the circumstances in which the Speaker of the House of Commons – or, in certain cases, their deputies – would trigger the recall process: *Any custodial prison sentence, even if suspended. (A sentence longer than one year would lead to automatic removal under the Representation of the People Act 1981.) *A conviction for providing false or misleading expenses claims. * Suspension from the House of at least 10 sitting days or 14 calendar days, following a report by "any committee of the House of Commons concerned with the standards of conduct of individual members of that House" (typically the Commons Select Committee on Standards). The Independent Expert Panel (IEP) established in 2020 took on some of the previous role of the Select Committee on Standards, but as it is not a committee of the House, its recommendations originally could not trigger recall. This was changed by an October 2021 amendment to Commons standing orders requiring the Select Committee on Standards to recommend suspension if asked to do so by the IEP. 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 prohibiting forecasts of the outcome of active recall petitions which are based on statements from or surveys of potential signatories.


Recall procedure

If an MP has been convicted of a criminal offence which would make them eligible for recall, they are not subject to recall until all of their
appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
s have been exhausted. In such a case, the courts are obliged to inform the Speaker of any progress made during the appeal. 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, in a similar manner to election
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s. As with votes in elections, voters are able to sign via post or proxy. Campaigning for or against recalling the MP is regulated by spending restrictions. The petition remains open for six weeks. No ongoing tally is reported by the petitions officer, and it is not revealed whether the required threshold of 10 per cent of eligible voters 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. The recalled MP is permitted to stand in the by-election. If the MP vacates the seat, or a
general election A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from By-election, by-elections, which fill individual seats that have become vacant between general elections. Gener ...
is called, the recall is halted and the petition ends. The
Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
reviewed the processes involved in the unsuccessful 2018 recall petition, as well as in the two successful recalls in 2019. They found that the three petitions had been carried out effectively and there were no significant problems or indications of fraud, but they identified a number of practical challenges linked to the availability of signing places, the length of the recall period, and the transparency of the process.


List of recall petitions


Potential petitions not held

In addition to the recall petitions that were initiated, there have been several occasions where an MP was found to have committed serious misconduct or a criminal act, but the recall process was not initiated due to subsequent events or for other reasons.


Left parliament before petition

*In October 2019, the Committee for Standards recommended that
Keith Vaz Nigel Keith Anthony Standish Vaz (born 26 November 1956) is a British politician who served as the Labour Party (UK), Labour Party Member of Parliament (United Kingdom), Member of Parliament (MP) for Leicester East for 32 years, from 1987 Unit ...
( Leicester East) be suspended from Parliament for six months after finding that he had offered to buy illegal drugs for sex workers. As Parliament had voted to dissolve itself for the general election six weeks later, the recall process was delayed until after the election; Vaz declined to defend his seat and instead retired from Parliament. *In November 2021,
Owen Paterson Owen William Paterson (born 24 June 1956) is a British former politician who served as Secretary of State for Northern Ireland from 2010 to 2012 and Secretary of State for Environment, Food and Rural Affairs from 2012 to 2014 under Prime Minist ...
(
North Shropshire North Shropshire was a Non-metropolitan district, local government district in Shropshire, England from 1974 to 2009. The district council was based at Edinburgh House in Wem. Other settlements included the towns of Ellesmere, Shropshire, Elles ...
) had been found by the
Parliamentary Commissioner for Standards The Parliamentary Commissioner for Standards is an officer of the British House of Commons. The work of the officer is overseen by the Commons Select Committee on Standards. The current commissioner is Daniel Greenberg. Duties The commissio ...
to have breached lobbying rules, but the House of Commons voted to reject a proposed 30-day suspension in November 2021 after the government whipped its MPs to vote against the committee's report. The Government subsequently made a U-turn and proposed a new vote, but Paterson chose to resign from Parliament, pre-empting the vote and triggering a by-election. *In October 2022, Chris Matheson ( City of Chester) was found to have committed sexual misconduct, and the IEP recommended a suspension of 14 days; he resigned from Parliament on the day the report was published, triggering a by-election without a recall petition. *In June 2023, former Prime Minister
Boris Johnson Alexander Boris de Pfeffel Johnson (born 19 June 1964) is a British politician and writer who served as Prime Minister of the United Kingdom and Leader of the Conservative Party (UK), Leader of the Conservative Party from 2019 to 2022. He wa ...
( Uxbridge and South Ruislip) was found by the Committee of Privileges to have deliberately misled Parliament about parties at 10 Downing Street during COVID-19 lockdowns. Initially, the committee planned to propose a suspension of twenty days (triggering a recall petition), but after Johnson made public statements that impugned the committee after being given its report before publication, he was additionally found to be in contempt of Parliament. Johnson resigned as MP before the committee reported, requiring a by-election; the committee said that if he had still been an MP a 90-day suspension would have been recommended. *In September 2023,
Chris Pincher Christopher John Pincher (born 24 September 1969) is a British former politician who served as Member of Parliament (MP) for Tamworth from 2010 until his resignation in 2023. Pincher served as Government Deputy Chief Whip, and Treasurer of t ...
( Tamworth) resigned his seat after the Standards Committee recommended an 8-week suspension and he lost his appeal over this recommendation. The suspension was proposed after he drunkenly groped two men. *In March 2025, a petition was expected in
Runcorn and Helsby Runcorn and Helsby is a constituency of the House of Commons in the UK Parliament. Further to the completion of the 2023 review of Westminster constituencies, it was first contested at the 2024 general election. The incumbent MP is Sarah Poch ...
following the sentencing of former Labour MP
Mike Amesbury Michael Lee Amesbury (born 6 May 1969) is a British politician who served as a Member of Parliament (United Kingdom), Member of Parliament (MP) for Runcorn and Helsby (previously Weaver Vale) from 2017 until 2025. Formerly a member of the Labour ...
on 24 February 2025 to 10 weeks on prison, which on appeal was suspended for two years. However the petition did not take place following Amesbury's announcement that he intended to resign, which triggered a
by-election A by-election, also known as a special election in the United States and the Philippines, or a bypoll in India, is an election used to fill an office that has become vacant between general elections. A vacancy may arise as a result of an incumben ...
.


Other petitions not initiated

* In May 2021, Rob Roberts ( Delyn) was suspended from the House for six weeks for sexual misconduct, but this did not require a recall petition as his case had been judged by the Independent Expert Panel (IEP) instead of a Commons committee. Parliament closed this loophole in October 2021, with future suspensions recommended by IEP reports triggering the recall process, but a vote on applying this revision retrospectively to Roberts failed. * In October 2021, Claudia Webbe ( Leicester East) was convicted of harassment and initially sentenced to ten weeks' imprisonment, suspended. However, on appeal her sentence was reduced to a non-custodial one, so no petition was triggered.


References


External links

* {{UK legislation United Kingdom Acts of Parliament 2015 *