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Recall

Recall is where the electorate in an area can trigger a special election to remove an elected representative before the end of their term. In the UK only MPs can be recalled. The Senedd Cymru Standards of Conduct Committee has called for a recall mechanism for recalling Members of the Senedd.

No recall petitions are currently open.

Conditions to trigger recall

Under the rules of the Recall of MPs Act 2015 MPs can be recalled under three circumstances:

  • Conviction in the UK of any offence and sentenced or ordered to be imprisoned or detained, after all appeals have been exhausted. Note – a sentence over 12 months in jail automatically disqualifies someone from being an MP
  • Suspension from the House following report and recommended sanction from the Committee on Standards for a specified period (at least 10 sitting days, or at least 14 days if sitting days are not specified)
  • Convicted of an offence under section 10 of the Parliamentary Standards Act 2009 (making false or misleading parliamentary allowances claims). Note – the sentence does not have to be custodial for this condition.

If one of the conditions is met the Speaker of the House must notify the local returning officer. They are known as a petition officer when dealing with a recall petition.

The recall petition

A recall petition is open for six weeks. Electors may sign in person at a signing station or sign by post or by proxy.

For a recall petition to be successful 10% of eligible registered voters need to sign the petition. If the 10% threshold is reached the petition officer informs the Speaker of the House of Commons. On the giving of that notice the seat becomes vacant. A by-election is then required. If the 10% threshold is not reached the recall fails and the MP retains their seat.

A recalled MP may stand as a candidate. The timing of a UK Parliamentary by-election is determined by custom of the House of Commons: the party that previously held the seat will usually decide when to trigger the by-election.

Recalls initiated so far

Six recall petitions have been initiated to date. In four cases the MP was recalled and therefore lost their seat. One petition failed and the MP remained in place and in one case the MP resigned while the petition was open leading to the petition being abandoned.

North Antrim

Ian Paisley, the DUP MP for North Antrim, was suspended for 30 sitting days from 4 September 2018 for breaching the rules on paid advocacy. The petition did not attract the required number of signatures to recall Mr Paisley, so he remained an MP.

Peterborough

In March 2019 Fiona Onasanya, the Labour MP, was sentenced to three months in prison on conviction for perverting the course of justice in December 2018. Her appealed failed on 5 March 2019, triggering recall. The recall was successful with over 25% of registered voters signing the petition. Ms Onasanya did not contest the subsequent by-election.

Brecon and Radnorshire

In March 2019 Chris Davies, the Conservative MP, pleaded guilty to two offences under section 10 of the Parliamentary Standards Act 2009. A recall petition was initiated after sentencing had taken place, on 24 April 2019. The recall was successful, with 19% of electors signing the petition. Mr Davies was selected as the Conservative candidate for the subsequent by-election, which he lost.

Rutherglen and Hamilton West

In October 2020, the sitting SNP MP, Margaret Ferrier, referred herself to the Commissioner for Standards for a breach of Covid-19 regulations in 2020. She was suspended from the House for 30 days, leading to a recall petition, which started in June 2023. The recall was successful with 14.7% of registered voters signing. The by-election for the seat was held on 5 October 2023. Margaret Ferrier decided not to stand. The seat was won by the Labour Party.

Wellingborough

In October 2023 Peter Bone, the Conservative MP, was suspended when the House approved the suspension of six weeks. Following an investigation by the Independent Expert Panel (IEP), the Parliamentary Commissioner for Standards upheld five allegations of bullying and one of sexual misconduct against Peter Bone, the Conservative MP for Wellingborough, under Parliament’s Independent Complaints and Grievance Scheme (ICGS).

The petition successful was 7,940. The petition was successful with 13.5% people signing. Mr Bone did not contest the by-election held on 15 February 2024, which the Labour won.

Blackpool South

On 14 December 2023 the House of Commons Committee on Standards published a report on Scott Benton, the Conservative MP for Blackpool South. Mr Benton had referred himself to the Parliamentary Commissioner for Standards following articles published by The Times newspaper in connection with a ‘sting’ operation in which comments by Mr Benton had been covertly recorded. After an appeal, which was dismissed, Mr Benton was suspended for 35 days.

The petition opened on 12 March 2024. However, it was terminated early as Mr Benton resigned his seat on 25 March 2024. A by-election was held on 2 May 2024, which was won by Labour.

Electoral Commission recommendations

The Electoral Commission published reports on the administration of the first three petitions, saying they had been delivered to a high standard and within the rules. It has recommended that the operation of the recall processes should now be reviewed by the government, identifying administrative challenges and suggested six weeks may be too long for a petition. It said greater clarity was needed on the procedures to be followed at the close of the petition. To date the commission’s recommendations have not been acted upon.

Post-legislative scrutiny

At the end of the 2023-24 session the House of Commons Committee on Standards published a report, The House of Commons standards landscape: how MPs’ standards and conduct are regulated. It recommended that post-legislative scrutiny of the operation of the Recall of MPs Act 2015 be conducted. It highlighted that the committee were “fully aware that suspension for 10 or more days…may have a career-changing or career-ending impact” but that it would be inappropriate for the committee itself to review whether the recall provisions needed altering.

The Leader of the House of Commons, Lucy Powell, responded in January 2025. She said the government believed that “the Recall of MPs Act 2015 is broadly operating as intended” but went on to say “The Government is committed to working with the Modernisation Committee and the Committee on Standards to consider how recall interacts with the sanctions available to the House.”


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