Gerry Adams makes British Parliamentary history.

Started by trileacman, January 24, 2011, 08:56:14 PM

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trileacman

http://www.bbc.co.uk/blogs/newsnight/michaelcrick/2011/01/gerry_adams_makes_british_parl.html

Thought this worthy of its own thread because it has the possibility to develop and didn't see it mentioned on any of the usual Shinner threads.


Gerry Adams, it seems, has made Parliamentary history - British Parliamentary history. It appears that the Sinn Fein leader managed to resign as a Westminster MP last Friday without going through the traditional procedures.

I wrote here a few weeks ago that if Adams planned to stand down as a Westminster MP, in order to stand for the Irish Parliament, he would have to go through the usual rigmarole whereby a resigning MP applies for an office of profit under the Crown - the British Crown.

All rather embarrassing for the world's leading Irish Republican.

A resolution of the House of Commons from almost 400 years ago - March 1624 - says an MP cannot directly resign their seat except by death, disqualification or expulsion.

A House of Commons factsheet states: "A Member wishing to resign has to go through the process of applying for a paid office of the Crown... There are two such offices - Crown Steward and Bailiff of the Chiltern Hundreds, and of the Manor of Northstead."


And it's the Chancellor of the Exchequer who grants them the job.

The Treasury this afternoon were quite cagey. They confirmed that no application had been received and stressed that the Chancellor's role is entirely ceremonial.

A Sinn Fein spokesman told Newsnight that Adams "wrote to the Speaker's office on Friday and informed him of his resignation. It's a non-issue from our perspective. He submitted his resignation and that's it. He's stepped down from that position. He certainly didn't apply for the Stewardship of the Manor of Northstead."

It seems Mr Adams has found some way of resigning from Parliament without going through these ancient procedures.

And the British Constitution has been changed for ever.

Update at 18:50:

I've just asked a senior Parliamentary official whether Gerry Adams is still an MP.

"At the last count, yes he is," he told me.

It's all governed by the Parliamentary bible Erskine May, it seems, and the following section:

"It is a settled principle of parliamentary law that a Member, after he is duly chosen, cannot relinquish his seat; and, in order to evade this restriction, a Member who wishes to retire accepts office under the Crown, which legally vacates his seat and obliges the House to order a new writ."

So in British law, Gerry Adams is still an MP, whether he wants to be or not. Until he applies for one of the two stewardships.

I was also advised that one way Adams might get round this without expressing allegiance to the British Crown in any form would be to turn up at the House of Commons and try to sit in the Chamber.

He would then be automatically disqualified from the House on the grounds that he hasn't sworn the oath, and a writ would then be moved for a by-election in West Belfast.


"The seat is vacated as if they were dead," I'm told.

And what a drama it would be if Adams were to do that, and be ejected from the Commons.

If Adams was elected to the Irish Parliament it would be no problem in British law for him to serve as an MP for the Irish and British Parliaments simultaneously. That was allowed by the Disqualifications Act passed in 2000.
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armaghniac

This should suit Gerry down to the ground. Someone can take a case to have an election in West Belfast on the grounds of lack of representation or the like, thereby forcing the British to defend it somehow.
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Maguire01

Quote from: armaghniac on January 25, 2011, 03:03:12 PM
This should suit Gerry down to the ground. Someone can take a case to have an election in West Belfast on the grounds of lack of representation or the like, thereby forcing the British to defend it somehow.
That'll be good for a laugh. Will the people of West Belfast notice any difference?

Banana Man

Quote from: Maguire01 on January 25, 2011, 07:24:39 PM
Quote from: armaghniac on January 25, 2011, 03:03:12 PM
This should suit Gerry down to the ground. Someone can take a case to have an election in West Belfast on the grounds of lack of representation or the like, thereby forcing the British to defend it somehow.
That'll be good for a laugh. Will the people of West Belfast notice any difference?

well they obviously don't see a problem with him seeing as gets c.70% of the vote on average

Evil Genius

For someone who denies ever having sold out, it seems that he might have been bought...

Adams steps down from role as MP
(UKPA) – 28 minutes ago

Gerry Adams has officially resigned from his Westminster seat and become Crown Steward and Bailiff of the Manor of Northstead, the Prime Minister has said.

The Sinn Fein leader, who is standing in the upcoming Irish election, resigned his West Belfast seat in a letter to Commons Speaker John Bercow.

But there was confusion over whether he had formally applied to the Chancellor for an office of profit under the Crown, a title that makes a person ineligible to sit in the Commons.

Copyright © 2011 The Press Association. All rights reserved.


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orangeman

Quote from: Evil Genius on January 26, 2011, 01:45:40 PM
For someone who denies ever having sold out, it seems that he might have been bought...

Adams steps down from role as MP
(UKPA) – 28 minutes ago

Gerry Adams has officially resigned from his Westminster seat and become Crown Steward and Bailiff of the Manor of Northstead, the Prime Minister has said.
The Sinn Fein leader, who is standing in the upcoming Irish election, resigned his West Belfast seat in a letter to Commons Speaker John Bercow.

But there was confusion over whether he had formally applied to the Chancellor for an office of profit under the Crown, a title that makes a person ineligible to sit in the Commons.

Copyright © 2011 The Press Association. All rights reserved.


How much does he get for this ?

Banana Man

Quote from: Evil Genius on January 26, 2011, 01:45:40 PM
For someone who denies ever having sold out, it seems that he might have been bought...

Adams steps down from role as MP
(UKPA) – 28 minutes ago

Gerry Adams has officially resigned from his Westminster seat and become Crown Steward and Bailiff of the Manor of Northstead, the Prime Minister has said.

The Sinn Fein leader, who is standing in the upcoming Irish election, resigned his West Belfast seat in a letter to Commons Speaker John Bercow.

But there was confusion over whether he had formally applied to the Chancellor for an office of profit under the Crown, a title that makes a person ineligible to sit in the Commons.

Copyright © 2011 The Press Association. All rights reserved.

you've decided to come back after your previous loss of sanity. If he has which is highly dubious he would have to take this office though seeing as Mrs Robinson STILL holds the other one despite her embarrasing step down from political life months ago

Kerry Mike

Is Gerry registered to vote in Louth ?  Does he have to be living and registered in the area before standing in a constituency.
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Banana Man

Quote from: Kerry Mike on January 26, 2011, 02:04:26 PM
Is Gerry registered to vote in Louth ?  Does he have to be living and registered in the area before standing in a constituency.

Don't think his application to vote has been accepted yet, dispute over whether he has moved into the address he has given.

Afaik i think you just need a certain amount of nominations from constituents to be able to run....

LeoMc

Quote from: Banana Man on January 26, 2011, 01:51:50 PM
Quote from: Evil Genius on January 26, 2011, 01:45:40 PM
For someone who denies ever having sold out, it seems that he might have been bought...

Adams steps down from role as MP
(UKPA) – 28 minutes ago

Gerry Adams has officially resigned from his Westminster seat and become Crown Steward and Bailiff of the Manor of Northstead, the Prime Minister has said.

The Sinn Fein leader, who is standing in the upcoming Irish election, resigned his West Belfast seat in a letter to Commons Speaker John Bercow.

But there was confusion over whether he had formally applied to the Chancellor for an office of profit under the Crown, a title that makes a person ineligible to sit in the Commons.

Copyright © 2011 The Press Association. All rights reserved.

you've decided to come back after your previous loss of sanity. If he has which is highly dubious he would have to take this office though seeing as Mrs Robinson STILL holds the other one despite her embarrasing step down from political life months ago

Iris holds the Stewardship of the Chiltern Hundreds. The resigning MP remains in the post until another resigning MP takes their place. She needs 2 to resign before she loses that office. IF Gerry resigend he would need 2 more after him to get that out of that (ceremonial) role.

Ulick

Quote from: LeoMc on January 26, 2011, 02:17:22 PM
Iris holds the Stewardship of the Chiltern Hundreds. The resigning MP remains in the post until another resigning MP takes their place. She needs 2 to resign before she loses that office. IF Gerry resigend he would need 2 more after him to get that out of that (ceremonial) role.

Do you seriously believe that he applied to take this steward of whatever nonsense?

Ulick

"Gerry Adams denies he has accepted office of the crown. The only correspondence has been the letter he sent to the speaker."

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Goats Do Shave

Was he ever officially an MP... having not sworn an aliegence, or get 'signed' in to Westminster?

If not - this argument would be null & void - & so would his salary now have to be repaid?