July 2024 By-Election

July 2024 By-Election

14 July 2024
1 seat in the House of Commons
Registered	31
Turnout	68% ( 19.1 pp)
First party   Candidate Noel de Carteret Party Unionist Party Leader since 27 June 2024 Popular vote 13 Percentage 61.9% Swing 2.4 pp
MP before election Nicholas Burke Independent MP after election Noel de Carteret Unionist Party

The July 2024 By-Election was held from 11 July 2024 to 14 July 2024 to elect 1 Member of Parliament to the House of Commons. It was the first by-election held under the new provisions provided by the Parliament Amendment (Writ Timeframe) Act 2024, where by-election candidates are required to run against the option of "Content with the Current House".

The by-election followed the resignation of Nicholas Burke, Member of Parliament for County Galway. He did not state a reason why and he resigned his citizenship privately not long after. That same day, King Charles III issued a Writ of By-Election for the vacant seat.

The by-election was won by Noel de Carteret of the Unionist Party with a 2.4% swing on a turnout of 68%. It was the one of two by-elections during the 33rd Parliament of Great Britain, which saw more than 5 Parliamentary resignations, including de Carteret himself.

Background

The Burke Affair

Background

Public discourse over the political affiliation provisions of the Representation of the People Act 2024 started in the 32nd Parliament of Great Britain when Kathrine Grey, 1st Countess of Argyll wrote a bill which would lighten the restrictions upon Members of Parliament from changing their political affiliation in certain circumstances during the parliamentary term. Debate opened on the bill in the House of Commons on 9 June 2024. It was unanimously supported by the House of Commons and passed quickly after the Prorogation of Parliament.

This move was criticised by Charles Wright, 1st Baron Huntingdon (then Sir Charles Wright) as not going far enough. He believed that "our current voting method allows grants citizens a individual mandate, regardless of political party affiliation. As such, a citizen should be free to move from one fraction to another, at their own discretion." Lady Argyll responded and stated her agreement with Sir Charles, but that this bill represented a compromise on unrestricted party switching, which had been a problem in the past. Sir Charles remained active in the Strangers' Gallery will little response to him, but he mentioned his support for the bill because it improved on the more restrictive status quo.

When the bill passed to the House of Lords, Sir Charles continued his efforts in the Strangers' Gallery, asking the Lords to amend the bill despite previously supporting it. None of the Lords of Parliament responded to his entreaties, but Lady Wilton (then Lady Knightstone) responded to him saying, "This is not a matter of theory, but rather legislation that has been enacted in response to the actions of individuals in the past. These provisions do not bring stability only to government but to parliament as well."

By 13 June 2024, Sir Charles Wright had successfully petitioned the Royal Court of Justice after the bill received Royal Assent and Ex parte Charles Wright, re: Changing Political Affiliation commenced. Lady Wilton (then Lady Knightstone) failed to argue for a motion to dismiss and a motion to change venue. First, Lady Knightstone argued that Sir Charles did not have standing for the legal question and then argued that the Legal Question should be a Judicial Review. Importantly, she stated, "I believe this would provide a better course in the interest of justice, as a decision in favour of the Petitioner would make this section of the law unsafe and there would be a general confusion on its status." In the end, the Court found in favour of Sir Charles's arguments, both in the initial judgement and upon appeal.

Emboldened by the favourable court decision, Lord Huntingdon campaigned to each candidate in Hustings, specifically that of the General Election Platform of the Unionist Party, asking them to support the striking of the political affiliation provisions. Lady Wilton responded, "It is not my intention to make this a matter of His Majesty's Government if I am elected, nor would I instruct the Chief Whip to enforce a party line vote on this matter. It is a matter of my personal beliefs to maintain this as law, as I disagree with the interpretation of the Royal Court of Justice. However, I will not stand in the way of a repeal beyond my personal vote as a Member of Parliament." While initially a supporter of the compromise proposed in the 32nd Parliament, Nicholas Burke changed his mind and, in response to Lord Huntingdon's campaigning, said, " I believe the Parliament now has a duty repeal the unconstitutional provisions of the law, and I will fight to see that it happens, one way or another."

Burke Makes His Move

On 1 July 2024, Charles Wright, 1st Baron Huntingdon, newly elected Member of Parliament for Orkney and Shetland, submitted the Restoration of Liberty Amendment Act 2024 to the Clerk's Office of the House of Commons. Debate on it was started the next day. Lady Wilton, newly elected Member of Parliament for Tavistock, stated that she disagreed with the decision of the Royal Court of Justice, but that she would not stand in the way of the bill since the provisions is repealed would likely be struck by a court case if it failed. Mr Burke and Lady Wilton had a disagreement with how quickly he sought to move the bill to a vote, saying, "I recommend to the Honourable Member for County Galway to dismount the high horse, as the steed of zealotry is an untameable stallion and will only buck one off its back in due time."

On 3 July 2024, from his Constituency Office, Nicholas Burke, Member of Parliament for County Galway "after careful consideration, [he] decided that [he] must take a stand for what [he] believe[s] in." He departed from His Majesty's Most Loyal Opposition and the Purple-Red-Grey Coalition, thereby triggering the provisions of the Representation of the People Act 2024 which forbade Members of Parliament from changing their political affiliation under certain circumstances for the first two weeks of a parliament's term. He did this despite the bill he wanted so adamantly to pass was on its way to pass the House of Commons. Mr Burke believed this was the right course to take because he believed that the Prime Minister did not respect the decision of the Court and that the spirit of enacting a law was just as important as the law itself. By triggering the law, he immediately vacated his seat as a Member of Parliament.

The move was largely condemned by the House of Commons with a Motion to Expel being proposed by Lady Wilton before being withdrawn as a matter of procedure. However, the Resolution to Censure Nicholas Burke 2024 was passed on 4 July 2024. His actions caused a great disturbance within the House of Commons, the Crown, and the Strangers' Gallery on the Regional Discord Server.

Judicial Review

Ex parte Nicholas Burke, re: Removal as a Member of Parliament started from a successful petition by Nicholas Burke to challenge the relevant provisions of the law and reverse his removal from his seat in the House of Commons. The judicial review challenged the publication of a Writ of By Election by King Charles III. Prince Matthew, Duke of Somerset, as a barrister, represented Mr Burke and William Somerset, 2nd Viscount Douglas, as Lord High Chancellor of Great Britain and Lord President of the Council, represented the Crown. The two parties came to an agreement which agreed on the unconstitutionality of the law, but that the Crown followed the law that had been enacted. In a decision by the court, on 5 July 2024, Reginald Carmichael, 1st Duke of Westminster, Master of the Rolls, approved of the agreement and ordered the return of Mr Burke to his seat and the cancellation of the by election.

An Address from 10 Downing Street

In an address from 10 Downing Street, on 4 July 2024, the Prime Minister, Lady Wilton, recounted the events of the Burke Affair and but wanted to expressed her dissatisfaction, "What concerns me the most throughout all of this is the intense desire of actors to pull the government into this matter, while I had specifically said during the campaign period that I would not involve His Majesty's Government and the Unionist Party. I believed strongly that every Member of Parliament should be able to decide on this matter without interference on either side from the government." She closed the statement by declaring, "I would like to remind everyone of His Majesty's Government position on all matters: As the efficient executor of the law and internal policy and the spearhead of significant change, the Government shall endeavour to be fair and just to all members of the Imperial Family regardless of their beliefs and who they support."

Resignation

On 11 July 2024, Nicholas Burke, Member of Parliament for County Galway, resigned his seat within the House of Commons. He did not state a reason why and he resigned his citizenship privately not long after. This action came the same day Lady Wilton addressed the Empire of Great Britain from 10 Downing Street regarding the Darkness Period. That same day, King Charles III issued a Writ of By-Election for the vacant seat.

Electoral System

By-Elections in the Empire of Great Britain are organised using the Wilton-Somerset Method, as established by the Representation of the People Act 2024. In this system, a candidate can only win the seat if they receive more than 50% of the vote and run against the option of "Content with the Current House". If "Content with the Current House" receives more than 50% of the vote, then no one is returned to the House of Commons.

Candidates

Candidate	Party		Constituency	Votes (%)
Noel de Carteret		Unionist	St Albans-Welwyn-Hatfield	13 (61.9%)

Results

July 2024 By-Election

Party		Candidate	Votes	%	±%
	Unionist Party	Noel de Carteret	13	61.9	+2.4
Majority			13	61.9	N/A
Rejected ballots			0	0	0
Registered electors			Template:Ifnumber
Turnout			21	68	−19.1
	gain from		Swing	+2.4