§ Dr. WrightTo ask the Chancellor of the Duchy of Lancaster (1) how many people are covered by the disqualifying reasons in each of the disqualifying categories of the House of Commons Disqualification Act 1975; [31518]
(2) how many bodies have been (a) added to and (b) deleted from the list of disqualifying bodies under the House of Commons Disqualification Act schedule since 1979; and if he will list them;
(3) what is the total number of people currently covered by the disqualification provisions of the House of Commons Disqualification Act 1975; and what was the equivalent figure in 1979; [31516]
(4) what considerations as to the time which would have to be taken by other duties or offices underlay the schedule of disqualifying offices under the terms of the House of Commons Disqualification Act 1975; [31528]
32W(5) how many people are currently covered by each of the disqualifying categories of the House of Commons Disqualification Act 1975. [31517]
§ Mr. HoramThe number of persons disqualified for membership of the House of Commons under the provisions of the House of Commons Disqualification Act 1975 is as follows:
Category Numbers disqualified (rounded) Employed in the Civil Service of the Crown Home Civil Service 520,100 (at December 1994) Northern Ireland Civil Service 21,800 (at March 1995) Northern Ireland Court Service 680 (at December 1994) Diplomatic Service 3,930 (at April 1995) Forestry Commission 3,870 (at December 1994) Royal Hospital Chelsea 200 (established) Armed Forces of the Crown or the Ulster Defence Regiment Armed Forces 237,000 (at June 1995) Royal Irish Regiment1 5,000 (established) Police Forces England and Wales 126,600 (at December 1994) Scotland 14,200 (at April 1994) Northern Ireland 12,200 (at December 1994) Members of Non-Commonwealth Legislatures not estimated Schedule 1 of the Act Part I: Holders of Judicial Office 896 (at June 1993) Part II: All members of certain bodies 3,503 (at June 1993) Part III: Other disqualifying offices 81,439 (at June 1993) Part IV: Those covered by limited disqualification 197 (at June 1993) 1 The Ulster Defence Regiment was replaced by the Royal Irish Regiment with effect from the 1 July 1992. The total number of persons currently disqualified under the terms of the House of Commons Disqualification Act 1975, excluding members of non-Commonwealth legislatures, is 1,031,615. Figures are updated when orders are made to amend schedule 1 to the Act. No order was made to amend schedule 1 in 1979; but when an order-was made in 1982 the equivalent number of persons disqualified was 1,221,520.
Information is not held centrally on the number of offices that have been added to, or deleted from, schedule 1 since 1979. Many offices have been added or removed from schedule 1 by means of primary legislation, as well as by Orders in Council. The latest reprint of the House 33W of Commons Disqualification Act 1975 (No. 14) lists in schedule 1 those offices the holders of which are disqualified for membership.
There are four basic criteria for disqualification under parts II and III of schedule 1 to the 1975 Act. Ministers have explained these to hon. Members over the years and hon. Members have accepted them in the course of affirmative resolution debates. These are:
- (i) offices of profit in the gift of the Crown or Ministers— subject to a de minimis limit, which is currently £8,000, to prevent trivial disqualification;
- (ii) certain positions of control in companies in receipt of Government grants and funds, to which Ministers usually, though not necessarily, make appointments;
- (iii) offices imposing duties which with regard to time or place would prevent their holders from fulfilling Parliamentary duties satisfactorily; and
- (iv) offices whose holders are required to be, or to be seen to be, politically impartial
No central record is kept for offices disqualified under parts II and III of schedule 1 as to the disqualifying categories into which they fall.