Abstract
The quality of the work performed by the institutions of Parliament and Government can be no better than the quality of the personnel who fill the places within them. Precisely who is able and willing to stand for Parliament, and whom we choose to elect to political office, raise questions which determine the entire running of the British state. A fundamental principle of parliamentary candidature is that the electorate should be as free as possible to choose whomsoever they wish to represent them. Accordingly, there are no statutory qualifications or requirements as such for a parliamentary candidate to satisfy, simply an ancient legal presumption of the courts that he or she should be of full age and a British subject. However, there are a number of legal disqualifications upon specific grounds, ranging from the holding of a public office deemed incompatible with membership of the House of Commons (such as a civil servant or a judge) to being a person suffering from severe mental illness. So far as legal requirements are concerned, then, it is easy to become a candidate for Parliament in Britain.
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Notes and References
The returning officer may, however, hold a nomination paper to be invalid where the candidate is disqualified under the terms of the Representation of the People Act 1981: see p. 164.
On the Election Court, see p. 275.
Re Parliamentary Election for Bristol South East [1964] 2 QB 257.
s. 3.
s. 3.
s. 52(6) and schedule 7 of the 1981 Act. On persons who are Commonwealth citizens see s.37 of the Act, and, generally, A. Dummett and A. Nicol, Subjects, Citizens, Aliens and Others (1990); and S. Juss, Immigration, Nationality and Citizenship (1993).
See pp. 167f.
This disqualification is derived from the common law. The holders of peerages of Ireland are not disqualified: Peerage Act 1963, s.5.
See pp. 185f.
s. 141.
See para. 2.02.05.
p. 50.
See, especially, ss. 158, 159 and 160.
See Erskine May, Parliamentary Practice (21st edn, 1989, by C.J. Boulton), pp. 112–3.
See letter by Colin Smith, published in the Guardian, 8 November 1982.
See pp. 170f.
HC [1986–7] Bill 157, on which see HC Deb., 12 May 1987, Cols. 182–184.
Op. cit., pp. 50–1. See further, below p. 185.
[1899] 1 QB 852.
p. 858.
Now contained in rr. 17(2) and 50(2) of the Election Rules.
p. 858.
10 March 1623, C.J. (1547–1628) 681, and see Erskine May, Parliamentary Practice, pp. 4(M1.
Schedule 2, para. 2.
Diaries of a Cabinet Minister, vol. Ill (1977), p. 92.
The Times, 25 July 1968.
D. and G. Butler, British Political Facts 1900–45 (1986), p. 184.
See P. Norton, ‘The Qualifying Age for Candidature in British Elections’, Public Law (1980), p. 66.
[1984–5] Bill 155, whose supporters in the Commons included David Amess and Jeremy Hanley.
Report from the House of Commons Select Committee on Offices or Places of Profit under the Crown [1940–1] 120, p. xiv.
s. l(lXb).
s. 3(3).
s. l(lXc).
Defined in s. 1(3) of the Act, read with s.225 Army Act 1955 and s. 223 Air Force Act 1955.
See D. Leonard, Elections in Britain (1968), pp. 64–5
Respectively, s. 1(1 Xa) and Part I of Schedule I, and s. 1(1)(d)
s. 1(1).
See HC Deb., 22 July 1985, Col. 801.
Ibid.
s. 2.
See R. Brazier, Constitutional Practice (1988), ch. 4.
There have been occasions where ministers have been allowed a free vote over major policy issues, notably during the 1975 referendum campaign on membership of the European Community. Generally, see G. Marshall, Constitutional Conventions (1984), ch. IV.
On the feelings of Lord Callaghan see Tony Benn, Conflicts of Interest: Diaries 1977–80 (1992); and of John Major see Guardian, 26 July 1993.
Schedule 2.
1900–80 figures from D. and G. Butler, British Political Facts 1900–1985 (1986), p. 82.
HC [1940–1] 120 (1941), p. xx.
See P. G. Richards, The Backbenchers (1972), chs. 3 and 11.
On the old law which disqualified MPs who accepted an office of profit under the Crown, dating from a statute in William Ill’s reign, see Report of the House of Commons Select Committee on Offices or Places of Profit under the Crown, [1940–1] 120; and Sir T. Erskine May, The Constitutional History of England (1912 edn by Francis Holland), vol. III, pp. 85–6.
Report of the House of Commons Select Committee on Offices or Places of Profit under the Crown, ibid, p. xix.
Ibid., p. xx. See also, above p. 165.
For general histories containing accounts of religious disabilities, see Sir W. Anson, The Law and Custom of the Constitution (vol. I, 5th edn, 1922); F. W. Maitland, The Constitutional History of England (1908); T.F.T. Plucknett (ed.), Taswell-Langmead’s English Constitutional History (11th edn, 1960); Sir Thomas Erskine May, Constitutional History; D. L. Keir, The Constitutional History of Modern Britain 1485–1937 (2nd edn, 1943); G.B. Adams, The Constitutional History of England (1921).
See s. 1(3) of the 1978 Act; and Erskine May, Parliamentary Practice (21st edn, 1989, by C.J. Boulton), pp. 229–31.
s. 5(2) and (3).
Author’s italics in this and the following statutory extracts.
In re MacManaway and In re The House of Commons (Clergy Disqualification) Act 1801 AC [1951] 161 at 178.
Paraphrased by the Attorney-General, Sir Hartley Shawcross, during the MacManaway case, ibid., at 164.
ss. 1 and 2(4).
Report of the House of Commons Select Committee on Clergy Disqualification, [1951–2] 200, p. 26.
Ibid., pp. 31 and 27.
Extract from long title and ss. 3 and 4.
See pp. 159–60.
Op. cit., p. v.
Mr W. S. Wigglesworth, at p. 23.
Mr James Randall Philip, at p. 40.
Most Rev. Edward Myers; his view summarised by the Committee Chairman at p. 45.
HC [1985–86] Bill 87 (not printed); and HC Deb., 19 February 1986, vol. 92, col. 324.
Guardian and London Daily News, 23 June 1987.
Report of the House of Commons Select Committee on Clergy Disqualification, [1951–2] 200, p. 23.
Ibid., p. 56.
Report of Proceedings, p. 797. The Private Members’ Motion was moved by the Archdeacon of Derby.
See P. G.Richards, The Backbenchers (1972), ch. 1; J. Blondel, Voters, Parties and Leaders: The Social Fabric of British Politics (1963), especially ch. 5; P. Pulzer, Political Representation and Elections in Britain (3rd edn, 1975), especially pp. 70–77.
From D. Butler and D. Kavanagh, The British General Election of 1992 (1992), p. 224.
From D. and G. Butler, British Political Facts 1900–85 (1986), p. 179.
From D. Butler and D. Kavanagh, op. cit., p. 226.
Voters, Parties and Leaders (1963), p. 133.
From D. Butler and D. Kavanagh, op. cit., p. 221.
From D. and G. Butler, op. cit., p. 249.
Tarn Dalyell, quoted in Independent, 14 July 1992. On the debate over the parliamentary timetable generally, see Report from the Select Committee on Sittings of the House (chaired by Michael Jopling MP), HC [1991–92] 200.
Except, in the case of the Labour Party, where an all-women short list is imposed under the Conference decision in 1993. See below, pp. 211–13.
Quoted in Labour Research, January 1992, p. 16.
ICM/Guardian Poll in 1991 cited ibid.
Women at the Top (1990), p. 31.
NOP poll, see IndependentD, ‘oes Sex Matter in the Polling Booth’, 18 March 1992.
‘A Woman’s Place is in the House, or Is It?*, Times, 13 April 1983.
Spectator, 4 July 1992, pp. 17–18.
Women in the House (1979), pp. 12–13.
See the statistics and tables given in Hansard Society, Women at the Top (1990).
‘Why More is Not Enough’, Guardian, 14 April 1992.
Op. cit, p. 18.
HC Deb., 21 January 1992, cols. 185/6.
Ibid., col. 186.
HC [1990–1] Bill 161.
A Future for Socialism (1991), p. 55.
Labour Party, Rule Book 1993–94 (1993), Selection Procedure for Parliamentary Candidature, 9(4)(f), p. 56.
Labour Party, Record of Decisions (1993, 92nd Annual Conference), Resolution 417, p. 21.
BBC 1, ‘On the Record’, 21 November 1993.
See ‘Does Labour’s Policy on Women Break the Law?’, Times, 9 November 1993.
Op. cit., 1(6) and (7), p. 52.
See Labour’s 1992 election manifesto, p. 24.
Ch. 8, especially pp. 376f. and 403f.
See Institute for Public Policy Research, A Written Constitution for the United Kingdom (1993), para. 63:2.
See Hansard Society, Women at the Top (1990), p. 31.
See Conservative Party, Notes on Procedure for the Adoption of Conservative Party Candidates in England, Wales and Northern Ireland (1990); Liberal Democrats, Constitution of the Social and Liberal Democrats (1988), Article 11; and Rules for the Selection and Adoption of Prospective Parliamentary Candidates in England (1988); Labour Party, Rule Book 1993–94 (1993),’ selection Procedure for Parliamentary Candidature’. Useful commentaries are M. Rush, The Selection of Parliamentary Candidates (1969); A. Ranney, Pathways to Parliament (1965); P. Paterson, The Selectorate (1967); and A. Jones, The Reselection of MPs (1983).
On special provisions concerning women, see pp. 211–12.
See Labour Party, Rule Book, op. cit., para. 12.
The motion was only narrowly passed, with 48.926 per cent for and 48.127 per cent against.
Constitutional Rules, cl. X(2).
Op. cit., p. 6
Rule Book, op. cit., para. 9(4)(d).
Op. cit., p. 6.
‘Government by Greengrocer’, New Statesman, 5 February 1965.
See Representation of the People Act 1983, Schedule 1: Parliamentary Election Rules, rr. 6–17.
On the history of the deposit, see J. F. S. Ross, Elections and Electors (1955), pp. 224f.
From F. W. Craig, British Electoral Facts 1832–1987 (5th edn, 1989), p. 82.
Report of the House of Commons Home Affairs Committee on the Representation of the People Acts, [1982–3] 32–11, pp. 211 and 316.
See G. Hand, J. Georgel and C. Sasse (ed.), European Electoral Systems Handbook (1979).
Memorandum of evidence by Mr P. Gould to the House of Commons Home Affairs Committee on the Representation of the People Acts, op. cit., p. 340.
HC Deb., 10 December 1984, col. 789.
Oral evidence, Report of the House of Commons Home Affairs Committee on the Representation of the People Acts, op. cit., p. 211.
Home Office memorandum of evidence, ibid., p. 14.
A separate problem is where candidates are nominated with names and/or party descriptions which confuse the voters. For example, a ‘Roy Jenkins’ (who had changed his name) stood with the description of’ social Democratic Party’ (which he claimed to have founded months before the SDP broke away from Labour) against Roy Jenkins, then leader of the SDP, in the 1982 Glasgow Hillhead by-election (the SDP leader won). A worse instance came in 1994, when a ‘Literal Democrat’ candidate stood in a European parliamentary election, and polled over 10 000 votes, with the real Liberal Democrat losing to the Conservative candidate by 800 votes. In the Literal Democrat case (Sandersand Anotherv. Chichester and Another, QBD 11 November 1994), the Election Court ruled that the nomination and ballot papers had been valid, and refused to order a fresh election. The remedy for this mischief is the introduction of a legal requirement that the description of a candidate should be ‘true, fair and not confusing’. This improvement in our election law can be effected simply by a short amending bill (or a clause being added to some other legislation on electoral affairs which is passing through Parliament), modifying the existing legislative provision on nomination of candidates in rule 6(3), Schedule 1, Representation of the People Act 1983.
Report of the House of Commons Home Affairs Committee on the Representation of the People Acts, op. cit., p. 212.
Ibid.
Quoted ibid., p. 337. The book’s author was G. Thayer.
HC Deb., 10 December 1984, col. 789.
Ibid.
Government Reply to the First Report from the Home Affairs Committee (Session 1982–3, HC 32), Representation of the People Acts, Cmnd 9140 (1984), p. 21.
Nuffield College, Oxford seminar, see P. Kellner, Times, 21 March 1984.
P. Kellner, ibid.
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© 1995 Robert Blackburn
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Blackburn, R. (1995). Parliamentary Candidates. In: The Electoral System in Britain. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-24090-6_5
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