|
|
Post by timrollpickering on Jan 5, 2017 15:12:30 GMT
Who moves the writ when Sinn Féin resign from Parliament (eg Gerry Adams in 2011) - presumably they can't as they aren't sworn in? The government chief whip has done it, but (I believe) at a time suggested by the Sinn Féin Parliamentary office. Though when Independent Republican Frank Maguire died, the writ was moved by Jim Molyneaux, leader of the Ulster Unionists. I assume sympathetic Conservatives moved the writs when all the Unionists resigned en bloc in 1986. Who moved for Peter Law, Jim Kilfedder or (going back a bit) S.O. Davies? And what happened on occasions when the sitting MP had left the party they were elected for - Mark Reckless, Douglas Carswell, Dennis Canavan, Bob Mellish, Bruce Douglas-Mann, Lord Lucan John Stonehouse, Dick Taverne and the like? |
|
|
|
Post by timrollpickering on Jan 5, 2017 15:12:44 GMT
Once he does, the inter-party understanding from the 1973 Speaker's Conference takes over which says that it is for the party holding the seat to move the writ. All of the decent parties have abided by this agreement (that is to say everyone except the Lib Dems who broke it in 2011). It's also been used from time to time by backbenchers as a filibuster - because it takes precedence over almost all other parliamentary business. Dennis Skinner tabled the writ for Richmond North Yorks in 1989 to block a private member's bill, with the House voting that the question be not put to allow it to be moved later in the session. Jim Sillars once tried to use another to disrupt the Budget around then - he was outfoxed by Neil Kinnock tabling a private notice question that took higher precedence with the Budget speech delivered as the reply. |
|
|
|
Post by Davıd Boothroyd on Jan 5, 2017 15:25:59 GMT
The government chief whip has done it, but (I believe) at a time suggested by the Sinn Féin Parliamentary office. Though when Independent Republican Frank Maguire died, the writ was moved by Jim Molyneaux, leader of the Ulster Unionists. I assume sympathetic Conservatives moved the writs when all the Unionists resigned en bloc in 1986. Sir Peter Emery did them en bloc; somewhat unusually he moved them on 17 December 1985 for issue on 3 January 1986: hansard.millbanksystems.com/commons/1985/dec/17/new-writsThe Labour chief whip moved for Peter Law and S.O. Davies; a Conservative whip moved for Jim Kilfedder. In each case, the chief whip of the party they were elected for. |
|
|
|
Post by andrew111 on Jan 5, 2017 16:04:31 GMT
If we actually believe MP's are of any value to their constituents there should really be a maximum time before the writ is moved.... The time taken for Batley and Spen was ridiculously long, for example..
|
|
|
|
Post by Old Fashioned Leftie on Jan 5, 2017 16:06:38 GMT
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Jan 5, 2017 16:07:30 GMT
|
|
The Bishop
Labour
Down With Factionalism!
Posts: 38,931
|
Post by The Bishop on Jan 5, 2017 16:24:07 GMT
Though that isn't what my regular email from LabourList appeared to think this morning, FWIW.
Personally I am wondering, though, if there will be an attempt to have this on the same day as Leigh/Walton (if that is possible)
|
|
|
|
Post by greatkingrat on Jan 5, 2017 16:34:39 GMT
Though that isn't what my regular email from LabourList appeared to think this morning, FWIW. Personally I am wondering, though, if there will be an attempt to have this on the same day as Leigh/Walton (if that is possible) Surely neither of those elections will take place before May.? |
|
The Bishop
Labour
Down With Factionalism!
Posts: 38,931
|
Post by The Bishop on Jan 5, 2017 16:35:47 GMT
Hence the "if possible" caveat - I expect they won't happen until then, but it has not been confirmed.
|
|
|
|
Post by greenhert on Jan 5, 2017 16:38:42 GMT
If we actually believe MP's are of any value to their constituents there should really be a maximum time before the writ is moved.... The time taken for Batley and Spen was ridiculously long, for example.. I agree here, andrew111. There already is a maximum time in Canada and the Republic of Ireland between the time a vacancy occurs for a parliamentary seat and the by-election date for said parliamentary seat-it is six months. Britain needs to impose such a limit as well. |
|
|
|
Post by justin124 on Jan 5, 2017 16:51:19 GMT
Back in 1969 Stephen Swingler -MP for Newcastle under Lyme - died on February 19th.The resulting by election did not take place until October 30th.
|
|
|
|
Post by greatkingrat on Jan 5, 2017 16:55:10 GMT
Even Batley & Spen was only a four month gap, not sure such a change would make any difference in practice.
|
|
|
|
Post by Old Fashioned Leftie on Jan 5, 2017 17:51:18 GMT
I understand Jamie Reed said he was planning to leave Parliament at the end of January. This would then leave us about 3 months until the May locals, so would not be surprised if Star Wars day was chosen.
|
|
johnr
Labour & Co-operative
Posts: 1,944 
|
Post by johnr on Jan 5, 2017 20:08:05 GMT
Though that isn't what my regular email from LabourList appeared to think this morning, FWIW. Personally I am wondering, though, if there will be an attempt to have this on the same day as Leigh/Walton (if that is possible) Certainly the timescales for the selection seem to suggest a more rapid by-election than May. However, it might be a case of getting the candidate in place ASAP and campaigning non-stop for the next 6 months. Bear in mind the by-elections in Leigh and Liverpool Walton wont happen until the MPs concerned have won their Mayoral elections, although I think the party rules should require them to have resigned before hand to really focus the attention.... |
|
|
|
Copeland
Jan 5, 2017 20:20:18 GMT
via mobile
Post by andrew111 on Jan 5, 2017 20:20:18 GMT
Even Batley & Spen was only a four month gap, not sure such a change would make any difference in prahctice. Well, as I said, given the alacrity with which by-elections are called when it suits the parties, 4 months is ridiculously long! Parish council vacancies have to be filled much quicker! I am not a subscriber to the populist view that MPs are useless spongers - on the contrary I want my MP (whatever Party) to help me if I need help. For example if my Dutch wife had just got a letter from the Home Office telling her to prepare to leave the country and were not replying to questions about it! The easiest way to get around this would be to get rid of the foolish 1973 agreement (typical of Parliament, making rules to suit the Parties, not the People), but I would say a petition by 100 electors should be enough.. |
|
|
|
Post by East Anglian Lefty on Jan 5, 2017 20:30:34 GMT
I suspect the Lib Dems will be hoping to make quite a few gains on Cumbria County Council in May. But you obviously know best, since it seems there are no Lib Dem activists within two counties! I'm sure they do hope to make gains. But given that the Lib Dems came third in seats in 2009 (despite a large lead in raw votes over Labour, and a much better national positions), it isn't the most likely place for them to be trumpeting their performance come May 5th. So it's not likely to be a long-distance draw, and those activists at closer distances are likely to be rather less interested in targeting one division in Cumbria and rather more interested in targeting county divisions in their own patches. |
|
|
|
Post by Davıd Boothroyd on Jan 5, 2017 20:35:45 GMT
The easiest way to get around this would be to get rid of the foolish 1973 agreement (typical of Parliament, making rules to suit the Parties, not the People), but I would say a petition by 100 electors should be enough.. Can hardly call the 1973 Speaker's Conference "foolish" as the situation before it was that there were no rules about how soon a byelection should be called. With the exception of wartime byelections where MPs went missing in action and proof of their death only emerged later, the longest time between a vacancy arising and a writ moving was in Newcastle-under-Lyme in 1969 when 236 days elapsed between the death of Stephen Swingler and the issue of the Speaker's Warrant for a new writ. And in Northern Ireland (which operated the same procedure), the MP for Mid Londonderry George Leeke died on 30 March 1939; the seat was still vacant at the dissolution more than six years later. (Indeed if you go back before 1918, the House used to deliberately delaying issuing the writ if an election had been avoided for corruption, as a way of punishing the borough and telling it to get its act together. That was even done in the 20th century in Worcester: the judgment avoiding the election of George Henry Williamson was issued on 14 June 1906, but the writ was not moved until 31 January 1908) The Speaker's Conference is so named because the parties invited Mr Speaker to chair an inter-party conference on Electoral Law. It was not a Parliamentary Committee; it reported to the Government and its recommendations were published as Command Papers not House of Commons Papers. The recommendations on byelection timing are in Cmnd. 5500 (Conference on electoral law: Letter dated 26th November, 1973 from Mr. Speaker to the Prime Minister). Note that the Conference made some recommendations which required legislation; neither the Heath Government nor any of its successors have legislated on the issues raised. |
|
maxque
Non-Aligned
Posts: 9,311
|
Post by maxque on Jan 5, 2017 21:18:35 GMT
If we actually believe MP's are of any value to their constituents there should really be a maximum time before the writ is moved.... The time taken for Batley and Spen was ridiculously long, for example.. I agree here, andrew111 . There already is a maximum time in Canada and the Republic of Ireland between the time a vacancy occurs for a parliamentary seat and the by-election date for said parliamentary seat-it is six months. Britain needs to impose such a limit as well. I'll take your procedure over the Canadian one, where the PM calls all by-elections. In practice, they stockpile them until the first is about to go over delay and call them all at the same time. |
|
|
|
Post by justin124 on Jan 5, 2017 21:23:49 GMT
Though that isn't what my regular email from LabourList appeared to think this morning, FWIW. Personally I am wondering, though, if there will be an attempt to have this on the same day as Leigh/Walton (if that is possible) Certainly the timescales for the selection seem to suggest a more rapid by-election than May. However, it might be a case of getting the candidate in place ASAP and campaigning non-stop for the next 6 months. Bear in mind the by-elections in Leigh and Liverpool Walton wont happen until the MPs concerned have won their Mayoral elections, although I think the party rules should require them to have resigned before hand to really focus the attention.... Not 6 months! May 4th is now only 4 months away. |
|
Foggy
Non-Aligned
Yn Ennill Yma
Posts: 6,135
|
Post by Foggy on Jan 5, 2017 23:24:28 GMT
I agree here, andrew111 . There already is a maximum time in Canada and the Republic of Ireland between the time a vacancy occurs for a parliamentary seat and the by-election date for said parliamentary seat-it is six months. Britain needs to impose such a limit as well. I'll take your procedure over the Canadian one, where the PM calls all by-elections. In practice, they stockpile them until the first is about to go over delay and call them all at the same time. This must have been inherited from practices here 150 years ago. I'm not sure when exactly it became customary in this country for the party that causes/suffers the vacancy to be asked to move the writ, but I'd rather have that practice than the Canadian method, which stacks things even further in favour of the executive than under most variants of the Westminster system. |
|
