Members: Prison Sentences
The question
To ask the Minister for the Cabinet Office, whether the Government plans to review the House of Commons Disqualification Act 1975 in relation to hon. Members serving custodial sentences.
Answered by Nick Thomas-Symonds
The Government has no plans to review, and is not currently planning to legislate to extend the disqualification criteria for standing as a candidate in UK general elections or membership of the House of Commons beyond the criteria currently set out in the House of Commons Disqualification Act 1975 and the Representation of the People Act 1981. We remain committed to ensuring that our electoral arrangements are fit for purpose.
In addition, there are already mechanisms in place to potentially remove MPs who receive custodial sentences. The Recall of MPs Act 2015 makes provision for a recall petition to be held in the constituency of any MP who is convicted of a crime and sentenced or ordered to be imprisoned or detained for up to twelve months. Should a sufficient number of eligible constituents sign the recall petition, that MP’s seat would be automatically vacated and a by-election held.
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