The Representation of the People Act 1981 (c. 34) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It creates the provision for the automatic disqualification of an MP if they are imprisoned for over a year, leading to a by-election being held in their constituency.
The text of the Act states that it provides:Following the passage of the
Recall of MPs Act 2015
The Recall of MPs Act 2015 (c. 25) is an act of the Parliament of the United Kingdom that makes provision for constituents to be able to recall their Member of Parliament (MP) and call a by-election. It received royal assent on 26 March 2015 ...
, sitting MPs imprisoned on shorter sentences can be removed from their seats via
recall petition
A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which, in certain polities, voters can remove an elected official from office through a referendum before that official's term of offi ...
s.
Background
The Act was passed following the election to the Westminster Parliament of a hunger-striker,
Bobby Sands
Robert Gerard Sands ( ga, Roibeárd Gearóid Ó Seachnasaigh; 9 March 1954 – 5 May 1981) was a member (and leader in the Maze prison) of the Provisional Irish Republican Army (IRA) who died on hunger strike while imprisoned at HM Prison Maze ...
, in the
April 1981 Fermanagh and South Tyrone by-election
The by-election held in Fermanagh and South Tyrone on 9 April 1981 is considered by many to be the most significant by-election held in Northern Ireland during the Troubles. It saw the first electoral victory for militant Irish republicanism, wh ...
, while he was serving a long term of imprisonment.
Due to the Act, following the death of Bobby Sands other prisoners on hunger strike could not to stand in the
second 1981 by-election in Fermanagh and South Tyrone.
See also
*
Reform Acts
In the United Kingdom, Reform Act is most commonly used for legislation passed in the 19th century and early 20th century to enfranchise new groups of voters and to redistribute seats in the House of Commons of the Parliament of the United Kingdom. ...
*
Representation of the People Act
Representation of the People Act is a stock short title used in Antigua and Barbuda, The Bahamas, Bangladesh, Barbados, Belize, Ghana, Grenada, Guyana, India, Jamaica, Mauritius, Pakistan, Saint Vincent and the Grenadines, Trinidad and Tobago, the ...
References
External links
* Note examining the history of disqualification provisions applicable to Members of the House of Commons.
Representation of the People Acts
The Troubles (Northern Ireland)
United Kingdom Acts of Parliament 1981
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