Bill to Recall MPs Moved in UK Parliament

The British public will be given the right to recall their local MP if they are found to have engaged in serious wrongdoing under proposals published in a draft Bill in Parliament on Dec 14,2011

In the draft Bill, the David Cameron Government is proposing to introduce a power of recall, allowing voters to force a by-election where an MP is found to have engaged in serious wrongdoing and having had a petition calling for a by-election signed by 10 per cent of his or her constituents.

The draft Bill is being published for pre-legislative scrutiny and sets out two triggers for a recall petition: first, where an MP is convicted in the UK of an offence and receives a custodial sentence of 12 months or less, and secondly where the House of Commons resolves, through a vote by MPs, that a recall petition should be opened.

The first trigger will close a gap in the existing legislation whereby MPs are only disqualified if they receive a custodial sentence of more than 12 months.

The second trigger is an additional disciplinary power for the House of Commons, which for the first time allows constituents to have their say in deciding whether their MP should stay in office.

At present,MPs convicted of an offence carrying a custodial sentence of more than a year are automatically disqualified from office and have to resign. However this does not apply to anyone given sentences of a year or less who, theoretically, can remain in Parliament.

At the last general election the manifestos of all 3 of the main parties included a commitment to establish a recall mechanism.