What happens if an elected MP refuses to swear allegiance to the Queen?

HucktheForde

20

Sorry had a casual chat with a mate and this topic came up.

What would happen?

Reply 1

UWS

21

They get beheaded.

Spoiler

(edited 7 years ago)

Reply 2

HucktheForde

OP

20

summoning a few members for answer :biggrin:

Reply 3

OxFossil

19

They are not able to take their place in Parliament, and do not get paid a salary.

This has been the case for Sinn Fein MPs for some time; Martin McGuiness challenged the requirement to swear allegiance to the crown in the European Court some years ago, but his case was rejected.

Republican MPs who wish to take their seat (and be paid) such as Tony Benn have amended the words of the oath to include their opinion, but they still have to swear allegiance to the Queen (I think Dennis Skinner said something like, "I swear allegiance to the Queen when she pays her taxes")

Reply 4

username2080673

18

I didn't even know that this was a thing.

Reply 5

HucktheForde

OP

20

Original post by OxFossil

They are not able to take their place in Parliament, and do not get paid a salary.

This has been the case for Sinn Fein MPs for some time; Martin McGuiness challenged the requirement to swear allegiance to the crown in the European Court some years ago, but his case was rejected.

Republican MPs who wish to take their seat (and be paid) such as Tony Benn have amended the words of the oath to include their opinion, but they still have to swear allegiance to the Queen (I think Dennis Skinner said something like, "I swear allegiance to the Queen when she pays her taxes" :wink:

is that not a violation to freedom of speech?

Reply 6

OxFossil

19

There is no constitutional right to 'freedom of speech'. There are numerous circumstances in which our speech is constrained by law (for example, the slander and libel laws, incitement to racial hatred, harrassment... etc).

Reply 7

HucktheForde

OP

20

Original post by OxFossil

There is no constitutional right to 'freedom of speech'. There are numerous circumstances in which our speech is constrained by law (for example, the slander and libel laws, incitement to racial hatred, harrassment... etc).

thanks for your reply, learned something new today.

Reply 8

TheDefiniteArticle

20

Original post by HucktheForde

thanks for your reply, learned something new today.

There's actually a lot of case law on freedom of expression, as it's protected in the European Convention on Human Rights, and consequently our Human Rights Act. Would strongly recommend reading this for a good intro: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1125&context=ilj

Basically, freedom of expression isn't an absolute guarantee, and certainly, there's no constitution in the world under which people can claim being unwilling to express something which is a necessary portal for access to a job is an illegal limitation on their freedom of expression.

What happens if an elected MP refuses to swear allegiance to the Queen?

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