Suppose They Held a By-election and Nobody Came

The Farage stunt by-election in constitutional context

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“Suppose They Gave a War and Nobody Came”

- a 1960s slogan and a title of a 1970 film

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The current leader of the Reform Party has resigned his parliamentary seat so as to force a by-election in his Clacton constituency, in which he will stand for re-election.

This is, of course, a stunt.

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For a few wonderful hours yesterday it seemed we might have had the constitutional excitement of this by-election either being delayed or denied.

This is because - somewhat oddly - a Member of Parliament cannot directly resign their seat.

This is a constitutional fiction - a daft piece of political-legal make-believe.

The notion is that - like, say, with jury service - being summoned to attend parliament is a civic duty. Indeed, in the past it was a onerous duty which the knights of the shires and the burgers from the boroughs would often not like to do - and would get out from doing if they could.

And so if you were selected for attendance at the Commons then you had to go - at your own expense, in lodgings in that London (well, Westminster), and without payment: a chore not a privilege.

Once a Member of Parliament is returned, the expectation is that they serve out their term.

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But.

There were - and are - means of a Member of Parliament rendering themself (or being rendered) as disqualified.

The old joke was that lords, lunatics or bankrupts that were exempt.

(Or all three, ho, ho, ho.)

And also exempt were those who were appointed to offices of profit under the Crown.

In fact there is now an entire schedule of exempt offices - a long, long list.

And to maintain the daft fiction, two historic offices were included on the schedule just so Members of Parliament could pretend that they are not actually resigning.

It really is very silly.

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But what this means is that it is not within the sole power of a Member of Parliament to resign.

Unless they are appointed to a genuine exempt outside job (like being a judge) they have to apply to the Chancellor of the Exchequer (and thereby a government minister) for appointment to one of the make-believe offices.

The convention is that such applications for the Chiltern Hundreds or the Manor of Northstead are accepted.

But that is a mere convention: if the Chancellor of the Exchequer said no, then that decision could not be easily gainsaid.

According to the House of Commons library there have been (at least) two instances of the application being refused:

(Note the almost early appearance there for Nathan Barley.)

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But even if the application is granted, there is then the distinct and separate question of moving the writ for a by-election, which is a matter for the House of Commons. And, again, it is only by convention that this is usually done promptly.

And so, an MP like Nigel Farage who resigns to fight a by-election can be denied or delayed in two ways: by the government, and by Parliament.

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Alas, however, the Chancellor of the Exchequer denied us any constitutional fun.

The bin, of course, is joke candidate Count Binface, for all the other main parties said they would not contest this pointless by-election.

This morning the writ was moved - a by-election is likely in August.

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Farage should be careful: the Brexit referendum of 2016 was itself an election which those who called thought would go one way, but the voters did not vote they way they were “supposed” to.

Also in 2016, there was the example of Boaty McBoatface.

Constituents and voters, like tribunals, do not like being taken for granted.

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Farage appears to have been adopting political tactics that might have come from S. Baldrick.

Farage has created an embarrassing situation for himself, entirely by himself.

And he will gain no advantage in the the face of the current House of Commons investigation, which can simply resume even if he is re-elected with a “mandate” against a sentient rubbish bin.

In a news interview today, the muddled thinking can be indicated by his party saying the Commons committee is a “kangaroo court” but him also complaining about committee delays that may drag on until October.

That is a mighty slow kangaroo.

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Of course, complaints of “kangaroo courts” and “witch hunts” by politicians like Farage, Boris Johnson and Donald Trump are often of painfully elaborate but procedurally fair processes, from which they know there is no easy escape or evasion.

That is why the processes have to be rubbished in the most colourful way, in the hope that the easily bored will nod-along.

“Kangaroo court!”

“Witch hunt!”

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The (lack of) thinking here is also that Farage could somehow head off a further by-election caused by an adverse Commons investigation report (in which the main parties would compete), with this by-election.

But he did not think things through, nor take account of foreseeable risks.

Like other insurgent politicians, he can only think about one chess move ahead.

Now, even if if he wins, he has lost any advantage and instead gained ridicule and discredit.

And he is left to reflect on what could have bin.

(Sorry.)

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By-elections can have great power in our political system.

The two recent by-elections in the north of England have altered the course of the politics of the United Kingdom.

But this year looks as if there will be a third by-election, if not of great power but of equally great lack-of-power.

For Farage has somehow called a by-election, and nobody came.