British House of Commons

The House of Commons is the lower house of the Parliament of the United Kingdom, and is now the dominant branch of Parliament. Parliament also includes the Sovereign and the upper house, the House of Lords. The House of Commons is a democratically elected body, consisting of 646 members, who are known as "Members of Parliament" or "MPs." Members are elected by the first past the post system of election for limited terms, holding office until Parliament is dissolved (a maximum of five years). Each member is elected by, and represents, an electoral district known as a constituency. The House of Commons is the source of the vast majority of government ministers and, since 1963, every Prime Minister.

Qualifications

There are numerous qualifications that apply to Members of Parliament. Most importantly, one must be aged at least twenty-one years, and must be a citizen of the United Kingdom, of a British overseas territory, of the Republic of Ireland, or of a member of the Commonwealth of Nations, in order to be eligible. These restrictions were introduced by the British Nationality Act 1981, but were previously far more stringent: under the Act of Settlement 1701, only natural-born subjects were qualified. Members of the House of Lords may not serve in the House of Commons.

Related Topics:
British Nationality Act 1981 - Act of Settlement 1701

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A person may not sit in the House of Commons if he or she is the subject of a Bankruptcy Restrictions Order (applicable in England and Wales only), or if he or she is adjudged bankrupt (in Northern Ireland), or if his or her estate is sequestered (in Scotland). Also, lunatics are ineligible to sit in the House of Commons. Under the Mental Health Act 1959, two specialists must report to the Speaker that a Member is suffering from mental illness before a seat can be declared vacant. There also exists a common law precedent from the eighteenth century that the "deaf and dumb" are ineligible to sit in the Lower House. This precedent, however, has not been tested in recent years, and is highly unlikely to be upheld by the courts.

Related Topics:
Mental Health Act 1959 - Common law

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Anyone found guilty of high treason may not sit in Parliament until he or she has either completed the term of imprisonment, or received a full pardon from the Crown. Moreover, anyone serving a prison sentence of one year or more is ineligible. Finally, the Representation of the People Act 1983 disqualifies those found guilty of certain election-related offences for ten years. Several other disqualifications are established by the House of Commons Disqualification Act 1975. Holders of high judicial offices, civil servants, members of the regular armed forces, members of foreign legislatures (excluding members of the legislatures of the Republic of Ireland and Commonwealth countries), and holders of several Crown offices listed in the Act are all disqualified. The provisions of the House of Commons Disqualification Act 1975 largely consolidate the clauses of several previous enactments; in particular, several Crown officers had already been disqualified since the passage of the Act of Settlement 1707. Ministers, even though they are paid officers of the Crown, are not disqualified.

Related Topics:
High treason - Representation of the People Act 1983 - House of Commons Disqualification Act 1975 - Civil servant - Armed forces

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The rule that precludes certain Crown officers from serving in the House of Commons is used to circumvent a resolution adopted by the House of Commons in 1623, under which Members are not permitted to resign their seats. Should a Member seek to leave, he or she may request appointment to one of two ceremonial Crown offices: that of Crown Steward and Bailiff of the Chiltern Hundreds, or that of Crown Steward and Bailiff of the Manor of Northstead. These offices are sinecures (that is, they involve no actual duties); they exist solely in order to permit the "resignation" of Members of the House of Commons. The Chancellor of the Exchequer is responsible for making the appointment, and, by convention, never refuses to do so when asked by a Member who desires to leave the House of Commons. See resignation from the British House of Commons.

Related Topics:
1623 - Sinecure - Chancellor of the Exchequer - Resignation from the British House of Commons

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