May 2009

Online Briefing: immediate release

Direct Democracy could help clean up Parliament

Voters should have the right to recall their MP

It can be done in America, why not here? Few of us had heard of recall until 2003 when California Governor Gray Davis lost the recall ballot to the 'governator', Arnold Swarzenegger. The idea is simple. Sometimes voters regret the choice they made at the last general election and do not want to wait until the next time. If a proportion of the electorate (say 20%) can be persuaded to sign a petition to recall the elected office holder, then an immediate by-election must be held. There is cross-party support. Back in February 2008 a group of 27 Tory MPs wrote to the Daily Telegraph calling for local voters to be allowed to 'recall' their MP and at the weekend Lib-Dem leader Nick Clegg came out in favour.

How common is it? In America 18 states allow elected officials to be recalled from their posts by a petition of between 12 and 40 per cent of voters. In 1903 the city of Los Angeles was the first large area to introduce recall, followed in 1908 by Oregon and in 1911 by California. Then Arizona, Colorado, Nevada and Washington all adopted recall in 1912. In addition eleven more states, while not permitting recall of state-level officials, do allow the recall of local officials.

Recall ballots are useful in precisely the sort of situation that has now arisen in the UK. We are told that MPs have acted within the rules, but few voters think they have behaved ethically. Some may have to face criminal charges but it is likely to be difficult to reach the high standard of proof required in a criminal trial, as disgraced MP Derek Conway found. Some will face the wrath of their local constituency party, but as Luton MP Margaret Moran discovered, that may not mean very much. If a significant number of voters think their MP is not fit to hold public office, then it should be possible to require them to stand for re-election immediately.

The process should not be too easy to prevent constant harassment by disgruntled rivals but, if a significant proportion of the electorate wants a ballot, it should be held. How many signatures should be required? In ten of the 18 American states 25 per cent of the electorate is needed, while Louisiana requires 33.3 per cent and Kansas 40 per cent. At 12 per cent, California has the lowest requirement. A recall ballot is a costly procedure and has been used sparingly. Only two state governors have ever been recalled: North Dakota Governor Lynn Frazier in 1921 and California's Gray Davis in 2003. However, it was not for lack of trying: one study estimated that there had been around 40 failed attempts to recall state officials in California.

If the policy were introduced in the UK, how many signatures should be required? There should be a significant hurdle, perhaps about 20 per cent of registered voters in a constituency. The average constituency size in England is about 75,000 voters and so a petition of 15,000 would be needed. The number is achievable without being too easy. In practice the procedure would probably not be used very often, but the fact that it was available would have a salutary effect on MPs and the 'gravy train' mentality that can only flourish amidst secrecy would be no more.

If MPs would like to prove themselves deserving of respect, voting for recall ballots would go a long way to restoring public confidence.

Learning from Switzerland and the USA

In Total Recall, Nick Cowen uses the examples of Switzerland and the USA to show how modern, developed countries can give their citizens much more direct input into the political process through a range of mechanisms.

In most states of the USA referendums are required before any changes can be made to the constitution, and in many states citizens can initiate referendums on legislative proposals that attract support from more than a certain percentage of the electorate.

Many US states also permit the recall of elected state officials, including the governor. The most famous use of this procedure occurred in 2003 when the voters of California recalled Governor Gray Davis. He was replaced in the resulting election by Arnold Schwarzenegger (pp.37-38).

Why not in the UK?

None of these mechanisms exist in the UK, where voters have very little input into the political process from one general election to the next. A simple majority in the House of Commons is sufficient for the passage of any legislation, including changes to the constitution. Not only that, but parliament can vote away its own powers to outside bodies such as the European Union (pp.61-4).

In possibly the worst recent example of MPs voting to undermine their own parliament, the 2006 Legislative and Regulatory Reform Bill (known to its critics as the Abolition of Parliament Bill) would have allowed any government minister to amend or abolish any Act of Parliament using a statutory instrument. Any piece of legislation, including Habeas Corpus, could have been abolished by simple ministerial fiat without going through the safeguarding processes of parliamentary debate. The Law Society warned that parliament would be able to delegate powers to the police, professional associations and pressure groups. Following criticism in the Lords the Bill was amended to carry safeguards but not abandoned, and it represents a striking example of the way in which the supremacy of a majority in parliament could actually undermine parliament itself.

The right of voters to change their minds about MPs without having to wait for the next election and the right to initiate a referendum are not alternatives to representative democracy but would strengthen its legitimacy. Direct democracy could include:

• Referendums on all constitutional changes;
• People's initiatives to call for referendums to challenge existing laws and to pass new ones;
• Recalls to dismiss MPs and hold by-elections;
• Re-introduction of grand juries to investigate public officials and initiate prosecutions.

Notes for Editors

i. Civitas is an independent social policy think-tank. It receives no state funding either directly or indirectly and has no links to any political party.

ii. 'Total Recall: How direct democracy can improve Britain', by Nick Cowen was published (December 2008) by Civitas, 77 Great Peter Street, London SW1P 2EZ (tel. 020 7799 6677) and can be downloaded here.

For more information contact:

Robert Whelan or David Green on 020 7799 6677 (w)