In the United Kingdom, a parliamentary by-election occurs 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.
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Main article: Resignation from the British House of Commons |
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 Hundreds or the Steward of the Manor of Northstead. 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.
An election to the House of Commons is formally begun by the issue of a writ by the Clerk of the Crown in Chancery. In the case of a by-election, the Speaker 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 do so 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 Whip of the party to which the former MP belonged. However, this convention is not always followed, and such a motion can be moved by an MP of another party. 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 Republican Frank Maguire was moved by Jim Molyneaux, leader of the Ulster Unionist Party;[1] and after Bobby Sands died on hunger strike the writ for a second by-election was moved by Dafydd Elis-Thomas of Plaid Cymru.[2] When all Unionist MPs from Northern Ireland resigned to force by-elections on the Anglo-Irish Agreement, the writs were moved by senior Conservative backbencher Sir Peter Emery.[3]
Since the date on which the writ is issued also fixes the date of the by-election, 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 Roberts died on 10 February. On 19 April, Plaid Cymru MP Dafydd Wigley moved that a writ be issued for a by-election in Cardiff North West, explaining that the by-election was being unnecessarily delayed. The Leader of the House of Commons, John Biffen, 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 Speaker's Conference of 1973.[4] 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.[5] Unnecessary delay was also the explanation given for the decision of the Liberal Democrats to move the writ for the Oldham East and Saddleworth by-election in December 2010,[6] despite the former MP having been from the Labour Party.
As moving a writ for a by-election takes priority over all other business, MPs sometimes use it as a filibustering tactic. This has been done twice by Dennis Skinner; in 1985 he scuppered a Private Member's Bill banning stem-cell research from Enoch Powell by talking extensively when moving the writ for the Brecon and Radnor by-election,[7] and, in January 1989 he moved the writ for the Richmond (Yorks) by-election and spoke for over three hours so as to prevent Ann Widdecombe from moving a motion to grant extra time to her attempt to restrict abortion laws.[8]
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. 3. Sess. 2. 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 MPs 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 Gazette; 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 an MP resigning. The Speaker is empowered 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.
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.
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 Strutt (Member for Berwick-upon-Tweed) succeeded to the Peerage as Baron Belper; a writ was issued on 6 July,[9] before Strutt had received a Writ of Summons to the House of Lords, and so the Liberal Chief Whip moved on 8 July for a writ of supersedeas to be issued.[10]
If the polling day for a by-election is overtaken by a dissolution of Parliament, the writ is automatically cancelled. The most recent cancellation of a planned by-election was in Manchester Gorton which was due to take place on 4 May 2017, on the same day as the local elections, but was cancelled when Prime Minister Theresa May called a snap general election for 8 June 2017 and Parliament was dissolved before 4 May. The previous such occasion was in 1924 when a writ for a by-election in London University 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.[11] When the government fell over the Campbell Case, the Prime Minister obtained a snap dissolution on 9 October, and the by-election did not take place.[12]
A Speaker's Conference on electoral law in 1973 proposed several changes to how by-elections are usually conducted:[13]
1. The Conference, conscious that the intervals before the issue of by-election 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.[13]
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 overturn a government's majority in the Commons, may vote differently from their normal voting patterns at general elections. By-elections may reflect specific local issues, and often have lower turnout.[14] Thus large changes in vote share can happen, and the results of by-elections can affect or highlight political parties' fortunes, as with the sequence of by-election victories by the Liberal Party in 1972–3, and the SNP's win in the 1967 Hamilton by-election.[15]
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 1986 or as occurred in the 2008 Haltemprice and Howden by-election.
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Main article: United Kingdom by-election records |
| Seat | Date | Notes |
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| Rochdale | 29 February 2024 | The result marked the first by-election in Great Britain since the 1945 Combined Scottish Universities by-election at which the two best-performing candidates were not from the Conservative, Labour, or Liberal Democrat parties. It was the first by-election in history where all major parties ran but neither came 1st or 2nd. |
| Mid Bedfordshire | 19 October 2023 | The largest-ever majority from a previous general election was overturned at this by-election. |
| North Shropshire | 16 December 2021 | Conservative incumbent Owen Paterson resigned from Parliament after being found by the Parliamentary Commissioner for Standards to have breached paid advocacy rules for making three approaches to the Food Standards Agency and four approaches to the Department for International Development in relation to Randox and seven approaches to the Food Standards Agency relating to Lynn’s Country Foods. In the by-election the governing Conservative Party was defeated by the Liberal Democrats with a 34% swing. This by-election was significant because it was considered a safe seat for Conservatives that they had held for all but two of the last 189 years. |
| Hartlepool | 6 May 2021 | Labour incumbent Mike Hill resigned from Parliament after being informed he would face an employment tribunal later in the year relating to allegations of sexual harassment and victimisation. The by-election was considered significant as the Labour Party had retained the seat in 2019, despite many former so-called red wall seats flipping to the Conservatives. In the by-election, the Conservative Party candidate Jill Mortimer won the seat on a 16% swing, becoming the first Conservative candidate to be elected to represent Hartlepool since 1959, and the first woman to represent the seat. |
| Copeland | 23 February 2017 | Labour incumbent Jamie Reed vacated his seat to take up a job in the nuclear industry. The Conservative Party gained the seat on a swing of 6%, despite it having been held by Labour since its creation. This was the first by-election gain for a government since 1982.[16] The Conservatives retained the seat at the 2017 general election. |
| Richmond Park | 1 December 2016 | The incumbent Conservative MP, Zac Goldsmith, resigned his seat, and the Conservative whip, in protest at the government's proposal to build a third runway at Heathrow airport. This was less than six months after the referendum on the UK's membership of the European Union, in which Goldsmith had campaigned for a Leave vote, despite his constituents voting heavily in favour of Remain. In the election, his opponents were able to nullify the Heathrow issue and focus voters' attention on the government's handling of Brexit. Despite both the Conservatives and UKIP choosing not to nominate candidates and instead backing Goldsmith, the Liberal Democrat candidate Sarah Olney won the seat with a 21.7% swing. Goldsmith later won the seat back in the 2017 general election by a narrow margin, a majority of 45, before losing it to Olney once again in the 2019 election by 7,766 votes. |
| Glasgow East | 24 July 2008 | Labour lost its third safest Scottish seat to the SNP with a swing of 22.5%, at a time when the Labour government's popularity was declining, at the time of the credit crunch and with Britain on the verge of its first recession since the early 1990s. |
| Haltemprice and Howden | 10 June 2008 | Former Shadow Home Secretary David Davis resigned as an MP to trigger a by-election, in order to spark a wider debate on the issue of civil liberties. He was not opposed by Labour nor by the Liberal Democrats. The number of candidates was the greatest in a Westminster election. |
| Wirral South | 27 February 1997 | A by-election gain for Labour from the Conservatives which left the Conservative government without a majority, just over two months before the general election in which Labour won by a landslide to end 18 years of Conservative government. |
| Eastbourne | 18 October 1990 | The incumbent Conservative MP, Ian Gow, was killed by the IRA, and in the by-election the seat was lost to the Liberal Democrats. This by-election came in the final weeks of Margaret Thatcher's eleven years as prime minister, when the Conservative government was trailing Labour in the opinion polls largely due to the recent introduction of poll tax. |
| 1986 Northern Ireland by-elections | 23 January 1986 | Unionist MPs resigned over the Anglo-Irish Agreement. All but one of the incumbent MPs were re-elected. |
| Bermondsey | 24 February 1983 | The largest by-election swing in British history, when Liberal candidate Simon Hughes won the seat with a 44.2% swing against the Labour candidate Peter Tatchell.[17] The extremely bitter campaign, described as the "dirtiest, most violent and homophobic by-election in modern British history" was marked by homophobia against Tatchell. Liberal campaigners published leaflets saying it was "a straight choice" between Liberal and Labour. The tabloid press also vilified Tatchell for both his left-wing and pro-LGBT views, and he was targeted by far-right groups.[18] Tatchell claims he was assaulted in the street over 100 times while canvassing, including two attempts to run him down by car drivers, and that he received 30 death threats, including a bullet posted through his letterbox at night. His phone number and address were published, allegedly by the National Front.[19] Hughes later apologised to Tatchell, and came out as bisexual himself in 2006.[20] |
| Glasgow Hillhead | 25 March 1982 | Former Labour Home Secretary, and then leader of the SDP, Roy Jenkins, re-entered parliament, months after narrowly missing out on a seat at Warrington, Cheshire, which Labour narrowly retained. Tam Galbraith, who was the former MP, became the last Conservative MP to represent a Glasgow constituency upon his death. |
| Leyton | 21 January 1965 | This is of the few by-elections when an incumbent Cabinet Minister was one of the candidates and subsequently went onto lost the election.
Despite the Labour party winning a narrow majority of 4 seats in the 1964 general election, Patrick Gordon Walker, the then Shadow Foreign Secretary was defeated from the constituency of Smethwick which he had represented since a by-election in 1945. The campaign in Smethwick was notoriously racist, with the Conservative Party candidate Peter Griffiths using slogans such as "If you want a nigger for a neighbour, vote Liberal or Labour." Griffiths managed to win the seat from Labour by a margin of 1,774, thus bucking the national trend which was in favour of the Labour party. Despite the defeat, Gordon-Walker was appointed as Foreign Secretary by the newly elected Prime Minister Harold Wilson. A vacancy was created in the safe seat of Leyton represented by Reginald Sorensen since 1935 (and previously from 1929 to 1931) by elevating him to the House of Lords in December 1964. Sorensen had won the seat by a margin of 7,926 votes in the 1964 general election. In a shock result, the Conservative Party candidate Ronald Buxton wrested the seat by Labour by a margin of 205 votes, achieving a swing of 8.7%. Gordon-Walker was forced to step down as Foreign Secretary in favour of Michael Stewart. The majority of the Labour government was also reduced to just 2. In 1966, Prime Minister Wilson called a snap general election. Patrick Gordon-Walker who against contested against Ronald Buxton, now the incumbent MP successfully won the Leyton seat by a healthy margin of 8,646 votes. Gordon-Walker now assumed the office of Secretary of State for Education and Science. Gordon-Walker was again elected from Leyton by a reduced majority of 5,480 votes and held the seat until he retired from the House of Commons in 1974. |
| Kinross and Western Perthshire | 7 November 1963 | This remains the only by-election in which an incumbent Prime Minister, Sir Alec Douglas-Home was one of the candidates.
Douglas-Home succeeded Harold Macmillan as Prime Minister and Leader of the Conservative Party in October 1963 following the resignation of Macmillan on health grounds. Douglas-Home (then known as Lord Home) was a member of the House of Lords, the first to become Prime Minister since the 3rd Marquess of Salisbury in 1902. However, following the passage of the Parliament Act 1911, which established the precedence of the House of Commons over the House of Lords, convention dictated that the Prime Minister would be a member of the House of Commons. The passage of the Peerage Act 1963 a few months before allowed Douglas-Home to disclaim his peerage and stand as the candidate of the Conservative and Unionist Party in the by-election. The seat had become vacant following the death of Scottish Office Minister Gilmour Leburn in August 1963. The Conservative Party which had originally selected George Younger as its candidate for the by-election, replaced him with Prime Minister Alec Douglas-Home, following his sudden and unexpected ascension to the Premiership. Douglas-Home would go on to win the seat by a margin of 9,328 votes. Douglas-Home would serve as Prime Minister until the narrow defeat of the Conservative party to the opposition Labour party led by Harold Wilson in October 1964. He would continue to serve as the Leader of the Conservative Party and the Leader of the Opposition till July 1965. Douglas-Home would again contest and win from this seat in the 1964, 1966, 1970 and February 1974 general elections. He also served as Foreign Secretary from 1970 to 1974 in the cabinet of Edward Heath (who had succeeded him as Leader of the Conservative Party in 1965), thus being one of the two former Prime Ministers (in the post-war era) to have served as a Cabinet Minister under a successor Prime Minister. He declined to contest the October 1974 election and was soon afterwards elevated to the House of Lords as Lord Home of the Hirsel, George Younger who had withdrawn his candidature in favour of Douglas-Home later went on to represent the constituency of Ayr from 1964 to 1992. P.S.- Between 23rd October (the date he renounced his peerage) and 7th November 1963 (the date he was elected to the House of Commons), Sir Alec Douglas-Home set the record of having become the only Prime Minister to not serve as a member of either house of Parliament. |
| Middlesex | February, March, April 1769 | Following his expulsion from Parliament, Radical journalist John Wilkes was repeatedly re-elected in a series of by-elections in Middlesex, with Parliament voiding each result. After his third re-election, Parliament ordered the result overturned and the seat transferred to Wilkes's Tory opponent, Henry Luttrell. The events caused a national controversy, and played an important role in the development of British radicalism. |