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Neil Parpworth makes the case for ending this constitutional anomaly, and replacing it with a simple statutory mechanism
- MPs remain unable to resign directly and must instead accept the Chiltern Hundreds or a similar office of profit.
- A simple statutory notice procedure, modelled on arrangements in the devolved legislatures and House of Lords, would make Parliament—not the executive—the proper recipient of an MP’s resignation.
As a result of a resolution passed by the House of Commons in 1624, MPs are constitutionally debarred from resigning. Accordingly, if an MP wishes to vacate their seat during the life of a parliament, they are obliged to apply for a former office of profit under the Crown.
Part 1 of this article (see NLJ, 2 October 2026, pp9 & 10) considered the origins of this customary practice, and how it has operated. The scale on which it has been used is evident from the fact that between 1 May 1880 and 8 July 2026, 633 MPs left the House of Commons via the vehicle of the Chiltern Hundreds.
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