§ Lord Cope of Berkeleyasked Her Majesty's Government:
Whether they will list those members of the United Kingdom House of Commons during the last hundred years who have at the same time been elected members of other Commonwealth or Dominion legislatures, showing of which other legislatures they were members; and [HL3822]
6WAIn which countries of the Commonwealth a member of the United Kingdom House of Commons is able (a) to stand for election as a member of the national legislature and (b) to sit as a member of the national legislature if so elected; and [HL3823]
In which countries of the European Union a member of the United Kingdom House of Commons is able (a) to stand for election as a member of the national legislature and (b) to sit as a member of the national legislature if so elected; and [HL3824]
Whether a member of the House of Keys of the Isle of Man or the States of the Channel Islands can stand for election to the House of Commons and can sit, if so elected, in both legislatures; and [HL3861]
Whether a person can represent two different constituencies in the House of Commons at the same time; and whether a person who is elected to represent two different constituencies in the House of Commons at the same time can sit and vote for both constituencies; and [HL3825]
Whether a member of the government of a Commonwealth or foreign country can be a Minister in Scotland, or First Minister or a member of the Executive in the Welsh Assembly; and [HL3826]
In what circumstances an elected member of the House of Commons is prevented by law from becoming a Minister in any part of the United Kingdom; and [HL3862]
Whether a member of the national legislature of a foreign country can (a) stand for election to a local authority in the United Kingdom and (b) sit as a member of a local authority in the United Kingdom if so elected. [HL3827]
§ The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton)Anyone can stand for the United Kingdom House of Commons. A Commonwealth citizen, or citizen of the Irish Republic, may take a seat in the House of Commons as long as (like British citizens) he or she is aged 21 or over. In United Kingdom law, there is a general disqualification in respect of members of legislatures outside the Commonwealth, subject to the exception that a Bill now before the Lordships' House seeks to create in respect of the Dail.
The Home Office does not hold information about members of the House of Commons who have also been elected members of other legislatures. Nor am I able to answer for the legal requirements of legislatures in other countries, such as member states of the European Union. There is nothing in United Kingdom law, however, to prevent a member of the Isle of Man or Channel Islands legislatures from also standing for and taking a seat in the House of Commons, as long as he or she is a Briton, Commonwealth or Irish citizen.
7WANeither is there United Kingdom law which prevents one person standing for and being elected to represent two constituencies. The procedures where a member is elected for two seats are set out on page 34 of Erskine May.
The Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly will govern who may be appointed Minister or Member of the Executive. Elected Members of the House of Commons have not been prevented from sitting as part of devolved legislatures, although the Scotland Act 1998 prohibits government Ministers from being members of the Scottish Executive.
Election to a local authority is governed by Sections 79 and 80 of the Local Government Act 1972, as amended by the Local Government Elections (Changes to the Franchise and Qualifications of Members) Regulations 1985, which sets residence qualifications in addiction to nationality requirements