| Parliament name |
UK Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
House of Commons |
| Related chamber (for bicameral parliaments) |
House of Lords
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath |
| Validation of mandates |
· No validation except in case of challenge by parliamentary election petitions (election trials, (in)validation by the appropriate judiciary (Part III, S. 120 to 126 of the Representation of the People Act 1983)) or in case of legal disabilities ((in)validation by the House of Commons or by the Judicial Committee of the Privy Council). See also loss of mandate.
· Procedure
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution |
| Can MPs resign? |
No |
· No, but he may apply for certain nominal offices which have been retained for purposes of resignation
· Procedure
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Disqualification for membership by the House of Commons
- Expulsion
(b) Loss of mandate by judicial decision:
- Election trials
- Disqualification of certain office-holders by the Judicial Committee of the Privy Council
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The other MPs (equal in rank)
· Outside Parliament: the official order of precedence ranks the Speaker in the 12th position. It does not accord a rank to the other MPs.
|
| Indemnities, facilities and services |
· No diplomatic or official passport
· Basic salary: £ 64,766 per annum (from 1 April 2009)
+ Additional allowance for office-holders: in accordance with office
+ Supplementary London Allowance (MPs for Inner London seats and certain others): £ 1,406 per annum
· Exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat/assistants
(b) Official housing for the Speaker
(c) Official cars for the Speaker, the Deputy Speakers, and the Leader of the Opposition
(d) Security guards
(e) Postal and telephone services
(f) Travel and transport
(g) Other
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (called "parliamentary privilege"; Art. IX of the Bill of Rights of 1689).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: use of disorderly or unparliamentary expressions (Standing Order (SO) 42 and 43 of the House of Commons Relating to Public Business)/contempt of Parliament in cases of disobedience to rules or orders of the House (for both see Discipline)
· Non-accountability takes effect (on the day when the mandate begins) and offers (. It does not offer), after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (called "parliamentary privilege").
· It applies only to civil proceedings, covers all offences, but protects MPs only from arrest and imprisonment (Parliamentary Privilege Act of 1770).
· Derogations: in cases of contempt of court, the House of Commons has accepted that Members can be imprisoned.
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal if the Speaker certifies that their attendance is required at the House.
· Technically, protection is provided from 40 days before the session starts until 40 days after the House has been prorogued or dissolved (however, the interval between prorogation and new session is usually a fortnight). Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. A series of seminars is arranged after the General Election.
· It is provided by the Clerk's Department.
· Handbooks of parliamentary procedure:
- Short Guide to Procedure and Practice
- Parliamentary Practice (Erskine May, 21st ed., 1989)
- Standing Orders
|
| Participation in the work of the Parliament |
· It is only compulsory for MPs to be present at meetings of Opposed Private Bill Committees (SO 122 Relating to Private Business).
· Penalty foreseen in case of failure to fulfil this obligation: report to the House by the Committee of Selection
· Body competent to judge such cases/to impose the penalty: the Committee of Selection
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 41 to 45 of the House of Commons Relating to Public Business and in customary law (see also Chapters 8, 9 and 18 of Erskine May, Parliamentary Practice, 21st ed., London, Butterworths, 1989).
· Disciplinary measures foreseen :
- Order to discontinue the speech (SO 41 of the House of Commons Relating to Public Business)
- Order to leave the sitting (SO 42 of the House of Commons Relating to Public Business)
- Call by name (SO 42 and 43 (1) of the House of Commons Relating to Public Business)
- Suspension from Parliament (SO 43 (1) to (5) of the House of Commons Relating to Public Business)
- Adjournment of the House or suspension of the sitting (SO 45 of the House of Commons Relating to Public Business)
- Ancient usages (SO 43 (6) of the House of Commons Relating to Public Business) (e.g. for contempts of Parliament)
· Specific cases:
- Use of disorderly or unparliamentary expressions (SO 42 and 43 of the House of Commons Relating to Public Business): order to leave the sitting, call by name; suspension from Parliament
- Contempt of Parliament in cases of disobedience to rules or orders of the House (see Chapters 8 and 9 of Erskine May, Parliamentary Practice, 21st ed.): committal, reprimand or admonition, suspension, expulsion (penal jurisdiction)
· Competent body to judge such cases:
- Order to discontinue the speech/order to leave the sitting/call by name/adjournment of the House or suspension of the sitting/use of disorderly or unparliamentary expressions: the Speaker/Deputy Speaker
- Suspension from Parliament/use of disorderly or unparliamentary expressions: the House of Commons
- Ancient usages: in accordance with usage
- Contempt of Parliament in cases of disobedience to rules or orders of the House: the House of Commons by reference to a committee
The Serjeant at Arms acts on such orders as he may receive from the chair in order to impose penalties.
· Procedure :
- Order to discontinue the speech (SO 41 of the House of Commons Relating to Public Business)
- Order to leave the sitting/call by name/suspension from Parliament/use of disorderly or unparliamentary expressions (SO 42 and SO 43 (1) to (5) of the House of Commons Relating to Public Business)
- Adjournment of the House or suspension of the sitting (SO 45 of the House of Commons Relating to Public Business)
- Contempt of Parliament in cases of disobedience to rules or orders of the House (see Chapters 8 and 9 of Erskine May, Parliamentary Practice, 21st ed.)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Code of Conduct and Guide to the Rules Relating to the Conduct of Members of 24.07.1996).
· Penalties foreseen for violation of the code of conduct (contempt of Parliament in cases of misconduct of Members; see Chapters 8 and 9 of Erskine May, Parliamentary Practice, 21st ed.): penal jurisdiction:
- Committal
- Reprimand or admonition
- Suspension from the House
- Expulsion from the House
· Competent body to judge such cases/to impose penalties/procedure: the House has the authority to judge such cases, and would do so through the Select Committee on Standards and Privileges. In this case, MPs can make representations to the Committee.
|
| Relations between MPs and pressure group |
· There are no specific legal provisions in this field, but see Code of conduct. |
