Member Defections: Automatic By-elections

I beg to move,

That this House has considered e-petition 737660 relating to automatic by-elections following Member defections.

It is a pleasure to serve with you in the Chair, Sir Roger. I thank those who have shown up for this debate; we may not have a large quantity here, but I am sure that we will have quality. My role this afternoon is primarily to introduce the debate on this petition on behalf of the Petitions Committee, outline some of the arguments that have been raised and give colleagues an opportunity to consider the issue.

Let me start by thanking the many thousands of people who signed this petition, which was started by Barry McIlhinney from Perth in Kinross-shire. It gathered more than 129,000 signatures, including 252 of my South Cotswolds constituents. It may not surprise anybody to hear that the four constituencies with the highest number of signatories were Fareham and Waterlooville, Newark, Romford and East Wiltshire—I shall leave it to hon. Members to spot the pattern.

Whatever view Members may take on the proposal, it is clear that the petition touches on what some commentators have called a crisis of confidence in our democracy: the suspicion—we can debate whether it is a fair one—that some MPs are here less to represent the interests of their constituents, and more to represent their own. The petition reflects a wider public interest in the relationship between voters and those who represent them, and in how that relationship operates in the intervals between general elections. The key question is, when voters decide who to vote for, what exactly are they choosing? Some argue that voters elect an individual, full stop, and that what matters most is the person whose name appears on the ballot paper. However, others suggest that party affiliation is a significant part of how voters make their decision, as they view a candidate’s political party as shorthand for a particular set of values and attitudes.

I would suggest that in the real world, for many voters, the decision that they make in the privacy of the polling booth at a general election is a complicated calculation: an algorithm involving party values, historical loyalties, headline policies, party leaders, local reputations and individual personalities. In our first-past-the-post system, that also increasingly includes tactical voting, as in many cases voters feel that they must choose not simply the candidate that they most admire, but the one most likely to defeat the candidate that they most fear. That is one of the quirks—some may even say flaws—of our electoral system. MPs may like to think that every vote that they win is the result of their particular blend of wit, charm and intelligence, but I suspect that, if elections were decided purely on our unique personalities, many of us might not be in this Chamber at all.

My point is that voters often consider a range of factors when deciding how to cast their vote. This petition invites us to consider what should happen if one such factor—political party affiliation—changes during the course of a Parliament. Political parties clearly play a very real role in getting their candidates elected, investing time, money, wisdom and infrastructure. Parties pay the deposits and give their candidates training, campaign support and access to networks of volunteers. It could be argued that an exceptionally cynical candidate could simply align themselves with the party that had the most successful campaigning machine, and then promptly jump ship once they arrive here—I am not for a moment suggesting that anybody would do such a thing.

During a general election campaign, the people knocking on doors, delivering leaflets early in the morning, getting out the vote late in the evening and standing outside polling stations in the rain are often long-standing party members, supporting the person they see as their party’s candidate. Many would argue that party affiliation forms an important part of the democratic bargain made with voters at a general election. However, at the same time, others emphasise that MPs are elected as representatives rather than as delegates, and that they must retain the freedom to exercise their judgment and follow their conscience once elected.

This petition therefore invites us to consider where the balance should lie between those two contrasting principles. The question is whether the current constitutional arrangements strike the correct balance, or whether there should be some additional form of democratic mechanism when an MP decides to move to another party.

Some argue that a by-election would allow voters to confirm whether they still support their MP after a change in party affiliation. They also argue that, if the defecting MP is sufficiently confident in their wit, charm and intelligence and that they hold a special place in the hearts of their constituents, they should not be afraid to return to the polls.

All political parties undertake a vast amount of data collection on their voter base. A good proportion of that data illustrates that the vast majority of people will cast their vote based on the political party rather than the individual. The individual carries less weight in someone’s mind when they cast their vote. Therefore, does the hon. Member agree that triggering a by-election on the basis of a defection is crucial to ensure that voters are represented by someone who reflects how the vast majority cast their vote at the ballot box?

The hon. Gentleman makes an excellent and valid point. My main job today, on behalf of the Petitions Committee, is to present both sides of the argument, but the point about data on voting intentions, which we work so hard to glean on doorsteps, is a key factor in the debate.

Others raise concerns that a requirement for a by-election could have unintended consequences, including potentially strengthening the power of party leaderships or discouraging MPs from following their conscience due to legitimate dissent. At this point, I want to clarify that when talking about defections, I am not talking about the case where an MP loses the Whip for reasons to do with the leadership, but about voluntary defections undertaken by an MP themselves. I do not think any of us would want a world where party Whips could threaten an MP with a mandatory by-election if we displease them in some way.

Public opinion on this question appears to be mixed, although polling suggests it is an issue on which many people hold strong views. Some surveys indicate that around 40% of respondents believe that it is unacceptable for an MP to defect, while others suggest that a majority of voters think a defection should trigger some sort of electoral test. Those numbers do not resolve the constitutional question, but they suggest that people far outside Westminster really care about this matter.

It is also worth putting the question into perspective. Party defections in this country are relatively rare, although they obviously sometimes occur in clusters during periods of political turbulence—possibly such as we are going through now. The last MPs to resign their seats and seek fresh mandate after defecting were Douglas Carswell and Mark Reckless in 2014, when they left the Conservative party to join UKIP. They refought their seats in by-elections.

The hon. Lady is making the case well on behalf of the Petitions Committee. Over the years, there have been a number of examples of some of my former Conservative colleagues ending up alongside Lib Dems in the House of Commons. In those circumstances, is the hon. Lady of the view that there should have been a by-election for those MPs to get their mandates restated?

I thank the hon. Gentleman for making that point. What we are talking about is the principle of the matter rather than specific defections from any one party to another.

This constitutional question has also been considered by Parliament previously. In 2011, a private Member’s Bill proposed that MPs who changed their party affiliation would have to face a by-election, and in 2020, another Bill proposed extending the Recall of MPs Act 2015 so that a voluntary change of party could trigger a recall petition. Neither progressed through Parliament, but the fact that the issue has arisen more than once suggests that it raises enduring questions about representation and accountability.

I would like to share some perspectives from other countries, because this is not a uniquely British debate, and other democracies have taken different approaches. Some, such as India, have adopted strict anti-defection laws under which MPs can lose their seat if they leave the party on whose ticket they were elected. Indian MPs are also, for the most part, compelled to vote with the Whip, which must make votes very, very boring. Others, such as New Zealand, have legislation designed to discourage what is sometimes referred to as “waka jumping”—I am reliably informed that that is effectively jumping from one canoe to another, which I can say from personal experience sounds like a very bad idea—although that approach has also prompted debate about the balance of power between MPs and party leadership. South Africa experimented with allowing MPs to cross the Floor, but later decided that that was a poor idea and prohibited it. That shows that views can change about how best to preserve electoral legitimacy.

The UK system has its own traditions and constitutional principles. Party affiliation plays an important role in how Governments are formed and how legislation passes, but MPs are also expected to exercise independent judgment. All of that means that there is no simple or obvious answer to the question raised by the petition of whether the current arrangements already strike the right balance between representation, independence and accountability, or whether there might be merit in exploring alternative mechanisms.

It is a pleasure to serve under your chairmanship, Sir Roger. I thank the hon. Member for South Cotswolds (Dr Savage) for introducing the debate on behalf of the Petitions Committee. It is unfortunate that although we have a 3-hour allocation to discuss this important topic, other Members of this House that have not felt it worthy of coming along to do so, despite having changed party in this parliamentary Session or in the previous one. It would have been interesting to have gained their views. I thank the over 129,000 individuals who signed the petition, illustrating that they care deeply and are passionate about a subject that is ultimately about trust.

I have been fortunate enough to represent Keighley and Ilkley for more than six years now, facing an election twice in that time in two very different political environments. In 2019, I was elected in a Conservative landslide, and more recently in 2024, I was elected during a time when national results were very much going the other way. Keighley and Ilkley is—or should be—a classic bellwether seat, and up until the last election, there had never been both a Labour Government nationally and a Conservative MP locally since the creation of the seat in 1885. In fact, ahead of the 2024 general election, 12 major polling companies predicted a Labour landslide in Keighley and Ilkley. Electoral Calculus gave me a 97% chance of losing my seat. I do not make these points merely to blow my own trumpet; the point I am making is that politics is ultimately about trust.

When we are elected by our constituents, they are putting their trust in us. They are trusting us not only to be a strong advocate for the area that we represent, but to stand by our manifesto pledges, both at a local level and those of the political party we represent. We stand by the values and commitments of the party we represent. The vast majority of us in this House are supported by volunteers who share our values, often hold party membership and support our policies, which have implications for all our constituencies.

My hon. Friend is making an excellent speech. I do not want to downplay his greatness as a local constituency MP, but I am sure that, like me, he recalls the 2019 election in which he was first elected, and how many conversations we had with voters on the doorstep about the relative merits of the right hon. Member for Islington North (Jeremy Corbyn) and Boris Johnson as Prime Minister. That undoubtedly was the biggest issue driving many people to vote, alongside the desire to get Brexit done. Does that reinforce the point that many people vote on the basis of the national picture and to select a Prime Minister rather than a local MP?

That is my point. While a lot of us, as advocates of constituency areas, do our best day in, day out, advocating on behalf of our constituents and campaigning on the local issues that matter to give us the biggest advantage possible by building up our authenticity on those issues, a good proportion of the electorate vote based on the political party with which the candidates are associated.

In 2019, a good proportion of the electorate could not stand the possibility of a Labour Government and voted to get Brexit done, which we advocated for. I know from conversations on the doorstep that there was an element of the electorate who had never voted Conservative before, but who decided to vote for us in 2019 based on the national offering. That builds into my point that, whenever an individual defects—as happened recently north of the border, with the defection of a Conservative Member of the Scottish Parliament to the Liberal Democrats—a by-election should be triggered. It will be interesting to see what the Liberal Democrat policy is on that.

Trust is at stake, because too often disillusionment builds up among the wider electorate, and defections exaggerate that.

I was following the hon. Gentleman’s arguments closely and agreeing with them until he got to the point about Prime Ministers, because is it not a consistent position that if a hon. Member changes their political party there should be a by-election, therefore if there is a change in leader, as the Conservatives have got into the habit of doing, there should be a general election?

I absolutely take the view that a defection at the local constituency level should trigger a by-election, which will ultimately restore the voters’ ability to decide who they want to represent them, whether that is the individual who has changed political party or someone else. When there is a change in the leader of any political party, it is up to the MPs of that party to determine whether that individual represents the party in the role of its leader. That applies to all political parties. The reason is that when an individual goes to vote at the ballot box, they are predominantly voting for two things: the individual who represents them at a local level, and the political party. The name of the leader of that party is not on the ballot paper; the name of the party is.

I believe that there is a difference, regardless of who is in charge politically at a national level, between a change of leader and a change in the direct relationship between the constituent and the individual who represents them while standing on behalf of a political party. As I say, the name of the leader of the political party is not on the ballot paper, so I think there is a difference.

I am grateful to the hon. Gentleman for giving away again and I do not wish to push this point too far, because I personally do not think that there should be a general election if the ruling party changes its leader. However, the thrust of his argument was that what is in people’s minds when they vote is the political party and the name of the leader; he said it was about the difference between Boris Johnson and the right hon. Member for Islington North (Jeremy Corbyn). If that is important, and the leader changes, and so does the party’s political programme—that relates to the wording on the ballot paper of the political party and has been there since the Representation of the People Act 1969—I think there is a solid argument for holding a general election. It is not an argument that I completely agree with, but I would be interested to hear his response to it.

I thank the hon. Member for that point, but my point is that when a general election takes place, the individual voter casts their vote for an individual associated with a political party, which has a mandate—if it gets into power—based on a manifesto. The party leader’s name is not on the ballot paper. It is the manifesto that is associated with that political party. I do feel there is a difference.

I am strongly of the view that if an individual Member of Parliament associated with a political party decides to change course and stand for a different political party —crosses the Floor of the House—an automatic by-election should be triggered, which ultimately gives their constituents the right to choose. That is slightly different from the debate about political leadership, because a party leader’s name is not on the ballot paper; the name of the party is.

Having reflected on the point made by the hon. Member for Blackley and Middleton South (Graham Stringer), I would add that the key difference is surely that MPs are elected by their constituents, but the Prime Minister is appointed by the monarch, on the basis that that person can command the confidence of the House of Commons. That is the basis of the monarch’s decision. We do not have a presidential system, whereas we do elect constituency MPs. The appointment of the Prime Minister is based on the monarch’s judgment on who has the confidence of the House of Commons.

I thank my hon. Friend for his point, which I think aligns with my own point: it is the make-up of the political party that gains the confidence of the House, and therefore its leader is appointed Prime Minister, should they get a mandate to be so, based on the numbers.

Where I do not feel that a by-election should be triggered aligns with the points made by the hon. Member for South Cotswolds. If a Member of Parliament is unfortunate enough to lose the Whip and therefore sits in the House as an independent, I do not feel that that should necessarily trigger a by-election, because it might be subject to circumstances outside that Member’s control—political difference associated with a particular policy and therefore voting the other way. The Whips may use that as a mechanism for removing the party Whip, but I do not think that that should trigger a by-election in those circumstances. I want to be clear on that.

To summarise, politics is about trust, and at a time when the relationship between politicians and the electorate is, unfortunately, becoming increasingly fractious, it is vital that our democratic system holds us to account for the promises on which we as individuals associated with a political party were elected, the platform on which we chose to stand for election, and ultimately the manifesto commitments that we stood by.

I am sorely tempted to say that if somebody else would like to take the Chair, I will come down and do an hour on this myself, but happily for colleagues, I am not allowed to.

I am loath to say that I am delighted to have you in the Chair, Sir Roger, because I feel we are all missing out on a good hour’s worth of content with you there rather than here, but it really is a pleasure to serve under you.

Since the 2024 general election, we have seen the start of a slow procession of former Conservative Ministers and Members of Parliament moving to Reform UK. These are people who spent years in government and claimed they were there to make a difference—and they did leave a difference behind them, but that difference was far too many crumbling public services, a cost of living crisis and a legacy of broken promises. Rather than accepting responsibility for their actions, they have crossed the Floor for a new start, making no attempt to rebuild the public trust they broke.

My hon. Friend the Member for South Cotswolds (Dr Savage) alluded to a pattern of very large concentrations of signatures making their way on to this petition—one of politicians prioritising their own political future over the parties their constituents voted for. I understand why some voters feel betrayed and that their MPs are not moving to another party from a principled stance. These MPs clearly feel they are fleeing a sinking ship and are hoping that voters are too distracted to notice. But their constituents have noticed, with almost 130,000 people signing the petition that has resulted in this debate, including more than 200 in my Hazel Grove constituency. I understand people’s frustrations, especially as many of the constituencies that had the highest numbers of signatures were those whose MPs had defected. They feel, rightly, that something has been taken from them. For that reason, some feel betrayed.

Most voters will not have read the full manifestos of all the candidates standing for election, but I can see why people would be unhappy, particularly when their MP joins a party that does not align with their views and values or whom they thought they had voted for. We are talking about a party whose former Welsh leader was imprisoned for a bribery conviction related to Russian connections, a party filled with swivel-eyed Trump supporters, a party that platformed a vaccine conspiracy theorist at its most recent party conference—it is hardly surprising that people do not feel their values are reflected in Reform UK.

Before the hon. Member gets on to how we should change the whole system, I am keen to understand the Liberal Democrats’ view on the petition specifically. Should a defection trigger a by-election?