Taking the Chiltern Hundreds

MPS are not allowed to resign - but there is a loophole

DESPITE publicly announcing his intention to quit the “cruel world of politics”, MP Owen Paterson has not technically resigned. That's because of a resolution dating back almost 400 years to the time of King James I, which forbids MPS from directly resigning from their seats.

Since 1623, death, disqualification, elevation to Peerage, dissolution, (the mandatory, simultaneous resignation of all assembly members), or expulsion have been the only reasons an MP can leave the House.

But there is a loophole that allows MPS to unofficially quit Westminster.

Any MP who wants to resign has to be appointed to a paid office of the Crown, which automatically disqualifies the Member from holding a seat in the House of Commons.

There are currently two nominal offices of profit under the Crown “Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham”, and “Crown Steward and Bailiff of the Manor of Northstead”.

Although they are nominally “offices of profit”, MPS do not actually receive any duties or salary after appointment.

The process of resigning through either of these offices is often described as “taking the Chiltern Hundreds”.

Since 1880, a total of 616 MPS have taken the Chiltern Hundreds. That includes 304 MPS appointed to the Manor of Northstead and 312 to the Chiltern Hundreds.

The Conservative government of Robert Gascoyne-cecil, the 3rd Marquess of Salisbury, and Arthur Balfour (who took over as Prime Minister in 1902), oversaw the highest number of appointments to the Chiltern Hundreds.

Between 1895 and 1905, there were 64 “resignations”.

Since Boris Johnson became PM, on July 24, 2019, there have been six appointments to the Chiltern Hundreds, including Mr Paterson.

The overall list includes notable politicians such as former

PMS

David Cameron - who was appointed to the Manor of Northstead after announcing his intention to quit following the EU Referendum in 2016 - and Tony Blair, who was appointed to the Chiltern Hundreds in 2007.

Former Sinn Féin leader Gerry Adams sparked controversy when he sent a letter of resignation to Westminster, only to be told he was not allowed to quit his West Belfast seat and would need to apply for a paid crown post.

In response, Sinn Féin's spokesman said: “We couldn't give a toss [about these rules]. He's not going to apply for these offices. He has sent in a resignation letter like any ordinary person.”

Mr Adams is listed in House of Commons Library documents as an appointee to the Manor of Northstead, although Mr Adams denied accepting the post, insisting he had, “no truck whatsoever with these antiquated and quite bizarre aspects of the British parliamentary system".

Even current Prime Minister Boris Johnson was appointed to the Manor of Northstead in 2008, after he quit the House of Commons to instead become Mayor of London.

Mr Paterson, former MP for North Shropshire, resigned after Tory MPS had been whipped into voting to rip up the House of Commons standards system and offer him a reprieve.

The decision was reversed after a public outcry.

He has now been appointed Crown Steward and Bailiff of the Manor of Northstead.

TIMELINE OF NOTABLE MPS APPOINTED TO THE CHILTERN HUNDREDS OR MANOR OF NORTHSTEAD STEWARDSHIPS FROM 1880

Katharine Marjory Stewartmurray, the Duchess of Atholl was Scotland’s first female MP. She quit Parliament in 1938 in protest at the Government’s decision to appease Hitler.

Conservative John Profumo, the Secretary of State for War, was forced to resign in 1963, after lying about his affair with call girl Christine Keeler who was also romantically involved with a Russian spy.

Former Labour minister John Stonehouse faked his own death by leaving his clothes on a beach in Miami. He was found in Australia and jailed for fraud in 1976.

Robert Kilroy-silk resigned as Labour MP for Knowsley North in 1986 and instead pursued a media career. His daytime TV show, Kilroy, ran for 17 years.

Louise Mensch resigned as Conservative MP for Corby and East Northamptonshire in 2012, to move her family to New York to live with her husband, Peter Mensch, the manager of rock bands Metallica and the Red Hot Chilli Peppers.