Clauses 14 and 15 set out the actions that must be taken to determine whether a petition is successful, and the consequences of a successful petition.
Clause 14 sets out the mechanism for determining whether the recall petition was successful and the subsequent actions that the petition officer must undertake. At the end of the eight-week signing period, the petition officer must determine whether the petition was successful, notify the Speaker of the outcome and issue a public notice of the outcome in the form and manner to be set out in regulations.
The petition is deemed successful if the number of persons who validly sign it is at least 10% of the number of eligible registered electors—that is, the number of persons who are registered in the register of parliamentary electors for the constituency on the last day of the signing period, including those who made an application to register on or before the day of the Speaker’s notice and who were added to the register before the cut-off day. That means that at least 10% of those eligible to sign must have done so for a petition to be successful. Electors who are under the age of 18 at the end of the signing period will be excluded from that figure, as will additions to or removals from the register that take effect after the cut-off day, unless the addition or removal was made as a result of a court order or to correct an error.
Clause 14 provides that a recall petition is validly signed if it is signed by a person during the signing period who is entitled to sign under clause 10; if the person has not previously signed the petition and meets any conditions set out in regulations that are applicable; and if their entry in the register of parliamentary electors has not been removed after they signed the petition, as a result of a court order or discovery of incorrect information. Finally, clause 14 specifies that the Speaker must lay before the House of Commons any notice received from the petition officer on the outcome of the petition.
Clause 15 provides that if a recall petition is successful, the MP’s seat becomes vacant when the petition officer notifies the Speaker of the petition’s outcome. However, this provision does not apply if, before the petition officer notifies the Speaker of the outcome, the MP’s seat is already vacated as result of the MP’s disqualification or death, or for any other reason. Additionally, regulations may be made under clause 18 that set out the circumstances in which the validity of a petition may be questioned. Clause 15(3) ensures that the process by which an MP’s seat becomes vacant is subject to those regulations.
Clauses 14 and 15 will ensure that proper actions are taken to determine the result of a petition and give notice of the outcome. They will ensure that a vacancy arises when at least 10% of an MP’s constituents have signed a petition for their removal and that, by extension, a by-election will happen. I therefore commend the clauses to the Committee.