Resignation from the British House of Commons
Encyclopedia
Members of Parliament sitting in the House of Commons in the United Kingdom
are technically forbidden to resign
. To circumvent this prohibition, a legal fiction
is used. Appointment to an "office of profit
under the Crown
" disqualifies an individual from sitting as a Member of Parliament
(MP).
to an office which has the possibility of a payment from the Crown. A number of offices have been used for this purpose historically, but only two are provided for in present legislation. The two offices which currently allow Members to vacate their seats are:
The offices are only nominally paid. Generally they are held until they are again used to effect the resignation of an MP. The Chiltern Hundreds is usually used alternately with the Manor of Northstead, which makes it possible for two members to resign at the same time. When more than two MPs resign at a time, as for example happened when 15 Ulster Unionist
MPs resigned in protest at the Anglo-Irish Agreement
on 17 December 1985, the resignations are in theory not simultaneous but instead spread throughout the day, each member holding one of the offices for a short time. The holder may subsequently be re-elected to Parliament.
However, by a provision in the Act of Settlement 1701
(repealed in 1705 and re-enacted in modified form by the Place Act 1707), an MP who accepted an office of profit
under the Crown was obliged to leave his post, it being feared that his independence would be compromised if he were in the King's pay. The prohibition was on an MP accepting an office of profit under the Crown, but it did not disqualify someone with such an office being elected to the House of Commons. As a result this meant a by-election
when anyone became a government minister, including the Prime Minister. The law was partly changed in 1919, and finally in 1926, so that MPs were no longer disqualified by being appointed to government office.
In consequence the legal fiction
was invented that the MP who wished to give up his seat applied to the King for a sinecure
post of the Stewardship of an estate which had come into the ownership of the Crown. Such offices were obsolescent, involved negligible duties and scant profit, but were in the King's gift nonetheless.
in order to stand for Dorchester
but could not be a candidate while he was still an MP. Pitt wrote to Prime Minister Henry Pelham
in May 1750 reporting that he had been invited to stand in Dorchester, and asking for "a new mark of his Majesty's favour [to] enable me to do him these further services". Pelham wrote to William Pitt
indicating that he would intervene with King George II
to help. On 17 January 1751 Pitt was appointed the role of Steward of the Chiltern Hundreds, and was then elected unopposed for Dorchester.
The Manor of Northstead was first used as a pretext for resignation on 6 April 1842, by Patrick Chalmers
, Member for Montrose District of Burghs.
in 1842. When Charles Bradlaugh
took the Chiltern Hundreds in 1884 in order to seek a vote of confidence from his constituents, Lord Randolph Churchill
and the Conservative-supporting press were highly critical of the Gladstone government for allowing Bradlaugh a new opportunity to demonstrate his popularity with the electors of Northampton
.
submitted a letter of resignation to the Speaker, but did not apply for a Crown office, which would be politically unacceptable for a Sinn Féin
politician. On 26 January, a Treasury spokesperson said "Consistent with long-standing precedent, the Chancellor has taken [the letter] as a request to be appointed the Steward and Bailiff of the Manor of Northstead and granted the office." Although David Cameron
said during Prime Minister's Questions
that Adams had "accepted an office for profit under the Crown", Adams denied this; the Prime Minister's Office
stood over the claim but apologised for not having informed Adams of his appointment prior to the public announcement.
:
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
are technically forbidden to resign
Resignation
A resignation is the formal act of giving up or quitting one's office or position. It can also refer to the act of admitting defeat in a game like chess, indicated by the resigning player declaring "I resign", turning his king on its side, extending his hand, or stopping the chess clock...
. To circumvent this prohibition, a legal fiction
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
is used. Appointment to an "office of profit
Office of profit
An office of profit is a term used in a number of national constitutions to refer to executive appointments. A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the...
under the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
" disqualifies an individual from sitting as a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP).
Principal offices
Members of Parliament wishing to give up their seats are commonly appointed by the Chancellor of the ExchequerChancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
to an office which has the possibility of a payment from the Crown. A number of offices have been used for this purpose historically, but only two are provided for in present legislation. The two offices which currently allow Members to vacate their seats are:
- Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and BurnhamChiltern HundredsAppointment to the office of Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham is a sinecure appointment which is used as a device allowing a Member of the United Kingdom Parliament to resign his or her seat...
- Crown Steward and Bailiff of the Manor of NorthsteadManor of NorthsteadThe Manor of Northstead was once a collection of fields and farms in the parish of Scalby in the North Riding of Yorkshire in England. By 1600, the manor house had fallen into disrepair and was occupied only by a shepherd. At present the Manor is part of the Barrowcliff area of the town of...
The offices are only nominally paid. Generally they are held until they are again used to effect the resignation of an MP. The Chiltern Hundreds is usually used alternately with the Manor of Northstead, which makes it possible for two members to resign at the same time. When more than two MPs resign at a time, as for example happened when 15 Ulster Unionist
Ulster Unionist Party
The Ulster Unionist Party – sometimes referred to as the Official Unionist Party or, in a historic sense, simply the Unionist Party – is the more moderate of the two main unionist political parties in Northern Ireland...
MPs resigned in protest at the Anglo-Irish Agreement
Anglo-Irish Agreement
The Anglo-Irish Agreement was an agreement between the United Kingdom and Ireland which aimed to help bring an end to the Troubles in Northern Ireland...
on 17 December 1985, the resignations are in theory not simultaneous but instead spread throughout the day, each member holding one of the offices for a short time. The holder may subsequently be re-elected to Parliament.
History
In 1624 a resolution was passed that Members of Parliament were given a trust to represent their constituencies and therefore were not at liberty to resign them. In those days, Parliament was a far weaker institution. Members had to travel to Westminster over a primitive road system, a real problem for those who represented more distant constituencies. While at Westminster (and while in transit to and from) an MP could not effectively tend to personal business back home, yet for their services MPs received only nominal pay. Therefore service in Parliament was sometimes considered a resented duty rather than a position of power and honour.However, by a provision in the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
(repealed in 1705 and re-enacted in modified form by the Place Act 1707), an MP who accepted an office of profit
Office of profit
An office of profit is a term used in a number of national constitutions to refer to executive appointments. A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the...
under the Crown was obliged to leave his post, it being feared that his independence would be compromised if he were in the King's pay. The prohibition was on an MP accepting an office of profit under the Crown, but it did not disqualify someone with such an office being elected to the House of Commons. As a result this meant a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
when anyone became a government minister, including the Prime Minister. The law was partly changed in 1919, and finally in 1926, so that MPs were no longer disqualified by being appointed to government office.
In consequence the legal fiction
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
was invented that the MP who wished to give up his seat applied to the King for a sinecure
Sinecure
A sinecure means an office that requires or involves little or no responsibility, labour, or active service...
post of the Stewardship of an estate which had come into the ownership of the Crown. Such offices were obsolescent, involved negligible duties and scant profit, but were in the King's gift nonetheless.
First usage
The procedure was invented by John Pitt, who wanted to vacate his seat for WarehamWareham (UK Parliament constituency)
Wareham was a parliamentary borough in Dorset, which elected two Members of Parliament to the House of Commons from 1302 until 1832, and then one member from 1832 until 1885, when the borough was abolished.-History:...
in order to stand for Dorchester
Dorchester (UK Parliament constituency)
Dorchester was a parliamentary constituency centred on the town of Dorchester in Dorset. It returned two Members of Parliament to the House of Commons of the Parliament of the United Kingdom from 1295 to 1868, when its representation was reduced one member....
but could not be a candidate while he was still an MP. Pitt wrote to Prime Minister Henry Pelham
Henry Pelham
Henry Pelham was a British Whig statesman, who served as Prime Minister of Great Britain from 27 August 1743 until his death in 1754...
in May 1750 reporting that he had been invited to stand in Dorchester, and asking for "a new mark of his Majesty's favour [to] enable me to do him these further services". Pelham wrote to William Pitt
William Pitt, 1st Earl of Chatham
William Pitt, 1st Earl of Chatham PC was a British Whig statesman who led Britain during the Seven Years' War...
indicating that he would intervene with King George II
George II of Great Britain
George II was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg and Archtreasurer and Prince-elector of the Holy Roman Empire from 11 June 1727 until his death.George was the last British monarch born outside Great Britain. He was born and brought up in Northern Germany...
to help. On 17 January 1751 Pitt was appointed the role of Steward of the Chiltern Hundreds, and was then elected unopposed for Dorchester.
The Manor of Northstead was first used as a pretext for resignation on 6 April 1842, by Patrick Chalmers
Patrick Chalmers (MP)
Patrick Chalmers FSA was a British soldier, writer and politician.He was the son of another Patrick Chalmers, a merchant from Aldbar, from whom he inherited Aldbar Castle. After being educated in Germany he studied at Oxford University, which he left before obtaining a degree...
, Member for Montrose District of Burghs.
Refusal
The Chancellor can in theory deny an application, although the last time this happened was to Viscount ChelseaHenry Cadogan, 4th Earl Cadogan
Henry Charles Cadogan, 4th Earl Cadogan PC , styled Viscount Chelsea between 1820 and 1864, was a British diplomat and Conservative politician...
in 1842. When Charles Bradlaugh
Charles Bradlaugh
Charles Bradlaugh was a political activist and one of the most famous English atheists of the 19th century. He founded the National Secular Society in 1866.-Early life:...
took the Chiltern Hundreds in 1884 in order to seek a vote of confidence from his constituents, Lord Randolph Churchill
Lord Randolph Churchill
Lord Randolph Henry Spencer-Churchill MP was a British statesman. He was the third son of the 7th Duke of Marlborough and his wife Lady Frances Anne Emily Vane , daughter of the 3rd Marquess of Londonderry...
and the Conservative-supporting press were highly critical of the Gladstone government for allowing Bradlaugh a new opportunity to demonstrate his popularity with the electors of Northampton
Northampton (UK Parliament constituency)
Northampton was a parliamentary constituency centred on the town of Northampton which existed until 1974.It returned two Members of Parliament to the House of Commons of the Parliament of the United Kingdom until its representation was reduced to one member for the 1918 general election...
.
Gerry Adams case
On 20 January 2011, Gerry AdamsGerry Adams
Gerry Adams is an Irish republican politician and Teachta Dála for the constituency of Louth. From 1983 to 1992 and from 1997 to 2011, he was an abstentionist Westminster Member of Parliament for Belfast West. He is the president of Sinn Féin, the second largest political party in Northern...
submitted a letter of resignation to the Speaker, but did not apply for a Crown office, which would be politically unacceptable for a Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
politician. On 26 January, a Treasury spokesperson said "Consistent with long-standing precedent, the Chancellor has taken [the letter] as a request to be appointed the Steward and Bailiff of the Manor of Northstead and granted the office." Although David Cameron
David Cameron
David William Donald Cameron is the current Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service and Leader of the Conservative Party. Cameron represents Witney as its Member of Parliament ....
said during Prime Minister's Questions
Prime Minister's Questions
Prime minister's questions is a constitutional convention in the United Kingdom that takes place every Wednesday during which the prime minister spends half an hour answering questions from members of parliament...
that Adams had "accepted an office for profit under the Crown", Adams denied this; the Prime Minister's Office
10 Downing Street
10 Downing Street, colloquially known in the United Kingdom as "Number 10", is the headquarters of Her Majesty's Government and the official residence and office of the First Lord of the Treasury, who is now always the Prime Minister....
stood over the claim but apologised for not having informed Adams of his appointment prior to the public announcement.
Present law
The law relating to resignation is now codified and consolidated in section 4 of the House of Commons Disqualification Act 1975House of Commons Disqualification Act 1975
The House of Commons Disqualification Act 1975 is an Act of the Parliament of the United Kingdom that prohibits certain categories of people from becoming members of the House of Commons...
:
Former offices
Other offices formerly used for the same purpose are:- Steward and Bailiff of the Manor of East Hendred, Berkshire. This stewardship was first used for parliamentary purposes in November 1763 by Edward SouthwellEdward Southwell, 20th Baron de CliffordEdward Southwell, 20th Baron de Clifford was a British politician.He was the son of Edward Southwell by his wife Katherine, daughter of Edward Watson, Viscount Sondes....
, and was in more or less constant use until 1840, after which it disappeared. This manor comprised copyholds, the usual courts were held, and the stewardship was an actual and active office. The manor was sold by public auctionPublic auctionA public auction is an auction held on behalf of a government in which the property to be auctioned is either property owned by the government, or property which is sold under the authority of a court of law or a government agency with similar authority....
in 1823, but in some manner the Crown retained the right of appointing a steward for seventeen years afterwards. - Steward of the Manor of Hempholme, Yorkshire. This manor appears to have been of the same nature as that of Northstead. It was in lease until 1835. It was first used for parliamentary purposes in 1845 and was in constant use until 1865. It was sold in 1866.
- Escheator of Munster. Escheators were officers commissioned to secure the rights of the Crown over property which had legally escheated (forfeited) to it from those attainted or condemned. In Ireland mention is made of escheators as early as 1256. In 1605 the escheatorship of Ireland was split into four, one for each province, but the duties soon became practically nominal. The escheatorship of Munster was first used for parliamentary purposes in the Irish Parliament from 1793 to 1800, and in the united Parliament (24 times for Irish seats and once for a Scottish seat) from 1801 to 1820. After 1820 it was discontinued and finally abolished in 1838.
- Steward of the Manor of Old ShorehamShoreham-by-SeaShoreham-by-Sea is a small town, port and seaside resort in West Sussex, England. Shoreham-by-Sea railway station is located less than a mile from the town centre and London Gatwick Airport is away...
, SussexSussexSussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...
. This manor belonged to the Duchy of CornwallDuchy of CornwallThe Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...
. It was first used for parliamentary purposes in 1756, and then, occasionally, until 1799, in which year it was sold by the Duchy to the Duke of Norfolk. - Steward of the Manor of Poynings, Sussex. This manor reverted to the Crown on the death of Lord Montague about 1804, but was leased until about 1835. It was only twice used for parliamentary purposes, in 1841 and 1843.
- Escheator of UlsterUlsterUlster is one of the four provinces of Ireland, located in the north of the island. In ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial...
. This appointment was used in the united Parliament three times, for Irish seats only; the last time in 1819.- February 1801: William Talbot (Kilkenny CityKilkenny City (Parliament of Ireland constituency)Kilkenny City was a constituency represented in the Irish House of Commons until 1800.-History:In the Patriot Parliament of 1689 summoned by King James II, Kilkenny City was represented with two members.-1689–1801:...
) - March 1804: John Claudius BeresfordJohn Claudius BeresfordJohn Claudius Beresford was a Tory UK Member of Parliament representing Dublin City 1801–1804 and County Waterford 1806–1811.-Early life:...
(Dublin CityDublin City (Parliament of Ireland constituency)Dublin City was a constituency represented in the Irish House of Commons to 1801.-History:In the Patriot Parliament of 1689 summoned by King James II, Dublin City was represented with two members. In the 1760s the radical politician Charles Lucas used the seat as his political base.-1689–1801:...
) - February 1819: Richard Nevill (Wexford BoroughWexford Borough (Parliament of Ireland constituency)Wexford Borough was a constituency represented in the Irish House of Commons to 1800.-1692–1801:...
)
- February 1801: William Talbot (Kilkenny City
- Steward of the Honour of OtfordOtfordOtford is a village and civil parish in the Sevenoaks District of Kent known for its classically British countryside. The village is located on the River Darent, flowing north down its valley from its source on the North Downs...
, KentKentKent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
. Used once in 1742. - Chief Steward and Keeper of the Courts of the Honour of BerkhamstedBerkhamsted-Climate:Berkhamsted experiences an oceanic climate similar to almost all of the United Kingdom.-Castle:...
, HertfordshireHertfordshireHertfordshire is a ceremonial and non-metropolitan county in the East region of England. The county town is Hertford.The county is one of the Home Counties and lies inland, bordered by Greater London , Buckinghamshire , Bedfordshire , Cambridgeshire and...
, BuckinghamshireBuckinghamshireBuckinghamshire is a ceremonial and non-metropolitan home county in South East England. The county town is Aylesbury, the largest town in the ceremonial county is Milton Keynes and largest town in the non-metropolitan county is High Wycombe....
, and NorthamptonNorthamptonNorthampton is a large market town and local government district in the East Midlands region of England. Situated about north-west of London and around south-east of Birmingham, Northampton lies on the River Nene and is the county town of Northamptonshire. The demonym of Northampton is...
(part of the Duchy of CornwallDuchy of CornwallThe Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...
). Used once in 1752. - Steward of the Manor of KenningtonKenningtonKennington is a district of South London, England, mainly within the London Borough of Lambeth, although part of the area is within the London Borough of Southwark....
, SurreySurreySurrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...
. Used once in 1757. - Steward of the Manor of ShipponShipponShippon is a village in Oxfordshire, England, 1 mile west of Abingdon. It is the largest village in the civil parish of St Helen Without, in Vale of White Horse District. It was in Berkshire until transferred to Oxfordshire in 1974....
, BerkshireBerkshireBerkshire is a historic county in the South of England. It is also often referred to as the Royal County of Berkshire because of the presence of the royal residence of Windsor Castle in the county; this usage, which dates to the 19th century at least, was recognised by the Queen in 1957, and...
. Used once in 1765.