Parliamentary by-electionA by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
s in the United KingdomThe 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...
occur following a vacancy arising in the House of Commons. They are often seen as a test of the rival political parties' fortunes between general elections.
Resignations
Members of the House of Commons are not technically permitted to resign. Thus, members wishing to resign or seek re-election are appointed on their own request to an "office of profit under the Crown", either the
Steward of the Chiltern 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...
or the
Steward of the Manor 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...
. Appointment to such an office automatically vacates the Member's seat. A member who resigns in this manner may stand for re-election without resigning from the office of profit.
Moving the writ for a by-election
An election to the House of Commons is formally begun by the issue of a
writIn common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
from the
Clerk of the Crown in ChanceryIn the Government of the United Kingdom, the Clerk of the Crown in Chancery is a senior civil servant who is the head of the Crown Office. The Crown Office, a section of the Ministry of Justice, has custody of the Great Seal of the Realm, and has certain administrative functions in connection with...
. In the case of a by-election, the
SpeakerSpeaker of the House of Commons can refer to:*Speaker of the House of Commons *Speaker of the House of Commons of Canada*Speaker of the Northern Ireland House of Commons...
must first issue a warrant to the Clerk of the Crown to allow the Clerk to issue a writ. The most common reason for the Speaker to issue a warrant is that he has been required to by a resolution of the House of Commons itself. This requires an MP to move a motion to command the Speaker to issue his warrant. Such motions are moved at the start of proceedings in the House of Commons.
Usual Parliamentary convention, codified by the Speaker's Conference in 1973, is that such a motion is moved by the
Chief WhipThe Chief Whip is a political office in some legislatures assigned to an elected member whose task is to administer the whipping system that ensures that members of the party attend and vote as the party leadership desires.-The Whips Office:...
of the party to which the former MP belonged. However, this convention is not always followed and such a motion is valid if correctly moved by any MP. This can arise because the former MP did not belong to a party: the writ for the by-election arising from the death of
Independent RepublicanIndependent Republican was a political title frequently used by Irish republicans when contesting elections in the Republic of Ireland and Northern Ireland since the 1920s....
Frank MaguireMeredith Francis Maguire was an Independent Republican Member of Parliament for Fermanagh and South Tyrone.- Early Life :...
was moved by Jim Molyneaux, leader of the
Ulster Unionist PartyThe 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...
, and after
Bobby SandsRobert Gerard "Bobby" Sands was an Irish volunteer of the Provisional Irish Republican Army and member of the United Kingdom Parliament who died on hunger strike while imprisoned in HM Prison Maze....
died on
hunger strikeA hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...
the writ for a second by-election was moved by
Dafydd Elis-ThomasDafydd Elis Elis-Thomas, Baron Elis-Thomas, PC, AM, is a Welsh politician and was the Presiding Officer of the National Assembly for Wales until 2011...
of Plaid Cymru. When all Unionist MPs from Northern Ireland resigned to force
by-electionsThe 1986 Northern Ireland by-elections were fifteen by-elections held on 23 January 1986, to fill vacancies in the Parliament of the United Kingdom caused by the resignation in December 1985 of all sitting Unionist Members of Parliament...
on the
Anglo-Irish AgreementThe 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...
, the writs were moved by senior
ConservativeThe Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
backbencherIn Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
Sir
Peter EmerySir Peter Frank Hannibal Emery was a Conservative Party politician in the United Kingdom.Emery was born in London, but was evacuated to the United States during World War II. He was educated at Scotch Plains High School, New Jersey before serving with the Royal Air Force. He attended Oriel...
.
Since the date on which the writ is issued also fixes the date of the byelection, it is possible (as was done in the Northern Ireland example) to pass a motion requiring the Speaker to issue his warrant on a set future date. This procedure was followed in 1983 when Conservative MP
Michael RobertsMichael Hilary Arthur Roberts was a British Conservative Party politician.Roberts was Member of Parliament for Cardiff North from 1970 to 1974, and thereafter for Cardiff North West...
died on 10 February. On 19 April,
Plaid Cymru' is a political party in Wales. It advocates the establishment of an independent Welsh state within the European Union. was formed in 1925 and won its first seat in 1966...
MP
Dafydd WigleyDafydd Wigley, Baron Wigley is a Welsh politician. He served as Plaid Cymru Member of Parliament for Caernarfon from 1974 until 2001 and as an Assembly Member for Caernarfon from 1999 until 2003. He was leader of the Plaid Cymru party from 1991 to 2000...
moved that a writ be issued for a by-election in
Cardiff North WestCardiff North West was a parliamentary constituency in Cardiff, Wales. It returned one Member of Parliament to the House of Commons of the Parliament of the United Kingdom....
, explaining that the by-election was being unnecessarily delayed. The
Leader of the House of CommonsThe Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons...
,
John BiffenWilliam John Biffen, Baron Biffen, PC, DL , was a Conservative member of the House of Lords, who previously spent 36 years in the House of Commons.-Early life:...
, successfully moved an amendment to provide that the writ would only be issued on 10 May, three months after his death in accordance with the recommendations of the Speakers Conference of 1973. In the event, on 9 May the Queen granted a dissolution of Parliament to take place on 13 May; Biffen therefore moved a motion on 10 May to discharge the previous motion. Unnecessary delay was also the explanation given for the decision of the
Liberal DemocratsThe Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
to move the writ for the
Oldham East and Saddleworth by-electionThe 2011 by-election in Oldham East and Saddleworth was a by-election for the Parliament of the United Kingdom's House of Commons constituency of Oldham East and Saddleworth held on 13 January 2011...
in December 2010, despite the former MP being from the
Labour PartyThe Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
.
As moving a writ for a byelection takes priority over all other business, it is sometimes used as a tactic by MPs wishing to talk out another subject. In January 1989,
Dennis SkinnerDennis Edward Skinner is a British Labour Party politician who has been the Member of Parliament for Bolsover since 1970, the Chairman of the Labour Party from 1988 to 1989, and has sat on the National Executive Committee numerous times since 1978.Born in Clay Cross, Derbyshire, Skinner is the...
moved the writ for the Richmond (Yorkshire) by-election and spoke for over three hours; his action prevented
Ann WiddecombeAnn Noreen Widdecombe is a former British Conservative Party politician and has been a novelist since 2000. She is a Privy Councillor and was the Member of Parliament for Maidstone from 1987 to 1997 and for Maidstone and The Weald from 1997 to 2010. She was a social conservative and a member of...
from moving a motion to grant extra time to her attempt to restrict
abortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
laws.
Writs in a recess
When Parliament is not sitting, the Speaker may be required to issue his writ during a recess. The first legal provision for a by-election writ to be moved in the recess was the Recess Elections Act 1784 (24 Geo. III c. 26), which remained in force until replaced by the Recess Elections Act 1975 (1975 c. 66) on 12 December 1975. The procedure for issuing a writ involves two Members of Parliament presenting the Speaker with a certificate stating that there is a vacancy. The Speaker must then publish notice of his receiving the certificate in the
London GazetteThe London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...
; six days after inserting the notice in the
London Gazette, the Speaker will issue a warrant for the new writ. Recess writs cannot be issued where the vacancy has arisen as a result of a Member of Parliament resigning. The Speaker is allowed to appoint between three and seven senior MPs to exercise his powers to issue recess writs when he is out of the country or there is no Speaker.
Bankruptcy
Under section 33 of the Bankruptcy Act 1883 (46 & 47 Vict. c. 52), where a Member of Parliament is declared bankrupt, they are granted a period of six months to discharge themselves. At the end of that time the Court which ordered the bankruptcy is required to notify the Speaker, and the seat is vacated. The Speaker is required to insert a notice in the
London Gazette of the fact and then to issue a warrant for a new writ after six days.
Cancellation
If it comes to light that a vacancy has not properly been declared, a writ for a by-election can be cancelled by a further writ of supersedeas. The last such occasion was in 1880 when
Henry StruttHenry Strutt, 2nd Baron Belper PC, JP, DL , styled The Honourable Henry Strutt between 1856 and 1880, was a British businessman, courtier and politician...
(Member for
Berwick-upon-TweedBerwick-upon-Tweed is a constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election.-Boundaries:...
) succeeded to the Peerage as
Baron BelperBaron Belper, of Belper in the County of Derby, is a title in the Peerage of the United Kingdom. It was created in 1856 for the Liberal politician Edward Strutt, Chancellor of the Duchy of Lancaster from 1853 to 1854. He was son of William Strutt and the grandson of the inventor Jedediah Strutt...
; a writ was issued on 6 July before Strutt had received a
Writ of SummonsA Writ of Summons may be* Writ of Summons, a writ that enables a peer to sit in Parliament* A Writ of summons is a document instituting legal proceedings, see Summons....
to the
House of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, and so the Liberal Chief Whip moved on 8 July for a writ of supersedeas to be issued. If the polling day for a by-election is overtaken by a dissolution of Parliament, the writ is automatically cancelled; the last such occasion was in 1924 when a writ for a by-election in
London UniversityLondon University was a university constituency electing one Member of Parliament to the House of Commons of the Parliament of the United Kingdom, from 1868 to 1950.-Boundaries, electorate and history:...
was issued during the recess on 22 September 1924. Four candidates were nominated when nominations closed on 1 October, with polling scheduled for 13-17 October; When the Government fell over the
Campbell CaseThe Campbell Case of 1924 involved charges against a British Communist newspaper editor for alleged "incitement to mutiny" caused by his publication of a provocative open letter to members of the military...
, the Prime Minister obtained a snap dissolution on 9 October, and the by-election did not take place.
Reform
A Speaker's Conference on electoral law in 1973 proposed several changes to how by-elections are usually conducted:
1. The Conference, conscious that the intervals before the issue of byelection writs have on occasion been unduly prolonged, put forward the following guidelines:
(a) The motion for a writ for a by-election should normally be moved within three months of a vacancy arising.
(b) It is inexpedient for by-elections to be held in August, or at the time of local elections in April/May, or in the period from mid-December to mid-February before (under present arrangements) a new Register is issued.
(c) Consequently, if this restriction should bring the date of the by-election into one of these periods, the by-election should if practicable be held earlier. If this is impractical the period should be lengthened by the shortest possible additional time. The total period (from vacancy to the moving of the writ) should not be more than four months.
(d) In the fifth year of a Parliament, some relaxation of these guidelines should be allowed, in order if possible to avoid by-elections being held immediately before a general election.
The Speaker's Conference recommended that these provisions should be embodied in a resolution of the House, but no such resolution has been proposed.
Political significance
By-elections are often seen as tests of the popularity of the Government of the day and attract considerable media attention. Voters, knowing that the result will rarely affect a Government's majority in the Commons, may vote in ways different to their normal voting patterns at general elections. By-elections may reflect specific local issues, and often have lower turnout. As such, large changes in vote share can happen and the results of by-elections can affect or highlight political party's fortunes, as with the sequence of by-election victories by the
Liberal PartyThe Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
in 1972/3, or the
SNPThe Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
's win in
1967 Hamilton by-electionThe Hamilton by-election, in Hamilton, South Lanarkshire, Scotland, which took place on the 2nd of November 1967, was a milestone in the politics of Scotland...
.
In some cases, an MP or MPs may deliberately trigger a by-election to make a political point, as when
all the sitting Unionist MPs in Northern Ireland resigned together in 1986The 1986 Northern Ireland by-elections were fifteen by-elections held on 23 January 1986, to fill vacancies in the Parliament of the United Kingdom caused by the resignation in December 1985 of all sitting Unionist Members of Parliament...
or the
Haltemprice and Howden by-election, 2008The 2008 Haltemprice and Howden by-election was a by-election held in the United Kingdom on 10 July 2008 to elect a new Member of Parliament for constituency of Haltemprice and Howden...
.
Particularly notable by-elections
Glasgow EastThe 2008 Glasgow East by-election was a by-election for the UK Parliamentary constituency of Glasgow East which was held on 24 July 2008. The election was triggered when, on 30 June 2008, the sitting MP David Marshall stood down due to ill health....
, July 24, 2008 -
LabourThe Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
lost its 3rd safest Scottish seat to the
SNPThe Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
with a
swingAn electoral swing analysis shows the extent of change in voter support from one election to another. It is an indicator of voter support for individual candidates or political parties, or voter preference between two or more candidates or parties...
of 22.5%.
Haltemprice and HowdenThe 2008 Haltemprice and Howden by-election was a by-election held in the United Kingdom on 10 July 2008 to elect a new Member of Parliament for constituency of Haltemprice and Howden...
, June 10, 2008 - Former Shadow
Home SecretaryThe Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
David DavisDavid Davis may refer to:*David Davis , Liberal member of the Victorian Legislative Council*David Davis , British Conservative Member of Parliament, Conservative leadership candidate in 2001 and 2005*David Davis , head of the BBC's Children's Hour*David Davis ,...
resigned from his post as an MP to trigger a by-election, in order to spark a wider debate on the issue of
civil libertiesCivil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
. He was not opposed by Labour or the Liberal Democrats. The number of candidates is the greatest in a Westminster election.
Wirral SouthA by-election was held for the United Kingdom parliament constituency of Wirral South, in Merseyside, England, on 27 February 1997. The seat became vacant on the death of Conservative Party Member of Parliament Barry Porter, and was won by Labour's Ben Chapman....
, February 27, 1997 - A by-election gain for Labour from the Conservatives which ended the Conservative's majority in parliament.
EastbourneThe Eastbourne by-election, 1990 was a by-election held on 18 October 1990 for the British House of Commons constituency of Eastbourne in East Sussex....
, October 18, 1990 - The incumbent Conservative MP was killed by the
IRAThe Irish Republican Army was an Irish republican revolutionary military organisation. It was descended from the Irish Volunteers, an organisation established on 25 November 1913 that staged the Easter Rising in April 1916...
, and the subsequent by-election saw the seat being lost to the Liberal Democrats.
Northern Ireland by-elections, 1986The 1986 Northern Ireland by-elections were fifteen by-elections held on 23 January 1986, to fill vacancies in the Parliament of the United Kingdom caused by the resignation in December 1985 of all sitting Unionist Members of Parliament...
, January 23, 1986 - Unionist MPs resigned over the
Anglo-Irish AgreementThe 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...
. All bar one of the incumbent MPs were returned.
Glasgow HillheadA Glasgow Hillhead by-election was held on 25 March 1982. The by-election was caused by the death of the Conservative Party Member of Parliament for Glasgow Hillhead Tam Galbraith on 2 January 1982....
, March 25, 1982 - Former Labour Home Secretary, then leader of the
SDPThe Social Democratic Party was a political party in the United Kingdom that was created on 26 March 1981 and existed until 1988. It was founded by four senior Labour Party 'moderates', dubbed the 'Gang of Four': Roy Jenkins, David Owen, Bill Rodgers and Shirley Williams...
re-entered parliament.
Tam GalbraithThe Hon. Sir Thomas Galloway Dunlop Galbraith, KBE , was a British Conservative politician....
, who was the former MP, became the last Conservative MP to represent a
GlasgowGlasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
constituency upon his death.
See also
For a list of by-election results since 1979, see:
List of United Kingdom by-elections
For a list of exceptional results and records in the history of by-elections in the United Kingdom, see:
United Kingdom by-election recordsUK by-election records is an annotated list of notable records from UK Parliamentary by-elections. A by-election occurs when a Member of Parliament resigns, dies, or is disqualified or expelled, and an election is held to fill the vacant seat...
External links
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GFDL.