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Why MPs can’t just quit: The curious case of the Chiltern Hundreds - Parliament Matters podcast, Episode 129

1 Feb 2026
Image ©
Image ©

Why can’t MPs simply resign, and why does leaving the House of Commons still involve a medieval-sounding detour via the Chiltern Hundreds or its less glamorous cousin the Manor of Northstead? This week we unravel the history, constitutional logic and legal fudges behind this curious workaround, with some memorable resignations from the past along the way. We also assess the Government’s legislative programme as the Session heads toward its expected May close, including the striking lack of bills published for pre-legislative scrutiny. Finally, as Parliament begins the five-yearly process of renewing consent for the UK’s armed forces, we examine why an Armed Forces Bill is required and hear from Jayne Kirkham MP on how her Ten Minute Rule Bill helped extend the new Armed Forces Commissioner’s oversight to the Royal Fleet Auxiliary.

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This week we explore one of Westminster’s strangest constitutional hangovers: why MPs can’t simply resign. With the Gorton and Denton by-election triggered by Andrew Gwynne’s departure, listeners asked the obvious question – why the medieval-sounding detour via the Chiltern Hundreds (or its less glamorous cousin, the Manor of Northstead)? We trace the rule back to 1623, when the Commons barred resignations, and to later fears about MPs being bought off by “offices of profit” from the Crown. The workaround – appointing an MP to a Crown office that disqualifies them – still survives, complete with modern legal “fudges”. Along the way, we revisit colourful resignations and near-resignations, from mass Ulster Unionist walkouts to John Stonehouse’s attempted disappearance and Gerry Adams’s objection to being handed a Crown role he didn’t want.

In this episode we also check the Government’s legislative scorecard as the Session edges toward its expected May close, with several dozen bills already on the statute book and many more still in play. We explain “carry-over” motions – how some bills can leap across prorogation – and why the Government has produced surprisingly few bills for pre-legislative scrutiny compared with the first Session in recent previous parliaments.

Finally, the focus shifts to the Armed Forces Bill, the five-yearly legislation rooted in the Bill of Rights that renews the legal basis for military discipline and Parliament’s consent for a standing army. Labour MP Jayne Kirkham joins us to discuss how her Ten Minute Rule proposal secured Royal Fleet Auxiliary access to the new Armed Forces Commissioner, and what it’s like learning the ropes on bill committees as a new MP.

Jayne Kirkham MP. © House of Commons

Jayne Kirkham MP

Jayne Kirkham MP

Jayne Kirkham is the Labour MP for Truro and Falmouth. She was elected to Parliament when Labour took power in 2024, having previously stood unsuccessfully in the same seat in 2017. She studied law at university and became a solicitor, specialising in employment law. After moving to Cornwall, she was elected to Cornwall Council where she became the leader of the Labour opposition group before standing down after being elected to the House of Commons. She is Chair of the All-Party Parliamentary Group for the Celtic Sea, promoting development and delivery of floating offshore wind turbines, and is a member of the Environment, Food and Rural Affairs Select Committee.

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Intro: [00:00:00] You are listening to Parliament Matters, a Hansard Society production supported by the Joseph Rowntree Charitable Trust. Learn more at hansardsociety.org.uk/pm.

Ruth Fox: Welcome to Parliament Matters, the podcast about the institution at the heart of our democracy, Parliament itself. I'm Ruth Fox.

Mark D'Arcy: And I'm Mark D'Arcy. And coming up in this week's edition.

Ruth Fox: Should you have to apply for an obscure medieval sounding office in order to leave the House of Commons?

Mark D'Arcy: Checking Sir Keir Starmer's legislative scorecard just weeks before the expected end of the parliamentary session.

Ruth Fox: And stand by your beds. MPs prepare to renew their permission for Britain to have an Army and Navy and a Royal Air Force.

Mark D'Arcy: But Ruth, let's start with another week of Westminster churn around the issue of by-elections and [00:01:00] defections. This week we saw the calling of the Manchester Gorton by-election, illustrating for a start the power of the Whips of the party for which the MP who's leaving sat to set the date of a by-election.

It's going to be late in February. They're not waiting till May. They're not allowing other parties to get in there and get on the ground campaigning. Labour have set the date for pretty much as early as they could possibly set it.

Ruth Fox: Yeah, much earlier than we thought. We thought they'd wait till the local elections last week, didn't we, when we were suddenly struck by the news that this was all gonna be taking place, shaping up, I think, to be a three-way fight between Labour, Reform and the Greens, as we said, but not with the candidates we expected.

Mark D'Arcy: Andy Burnham has been blocked. As we were discussing last week, the National Executive Committee has the power to stop sitting metro mayors and police and crime commissioners from running as parliamentary candidates before the end of their term, and they've used that power to say that Andy Burnham can't use this particular route to return to the House of Commons. So the King of the North is gonna have to stay in the North running greater Manchester for a while [00:02:00] yet and won't be an immediate threat to Sir Keir Starmer should the local elections in May be the debacle that the polls suggest they might be for Labour.

Ruth Fox: Yeah. Zack Polanski also isn't standing, so he hasn't decided to take up the cudgels. Reform UK have however picked their candidate, and that is Matthew Goodwin, who is a controversial figure, particularly among some of my academic friends and colleagues. A political scientist.

Mark D'Arcy: Author of several books on the rise of UKIP and its various subsequent iterations.

So he studied the populist right in Britain and has now joined it.

Ruth Fox: Yep. I think it's fair to say that's been quite some time coming, for those of us who've been following his career. Should say Matthew's known to the Hansard Society as well because back in his very early days when he was just starting out at, I think he was at Nottingham University, he was the book review editor for our journal Parliamentary Affairs.

Mark D'Arcy: The Hansard Society's dabs are on him.

But there's another thought here too, which is, should Matthew Goodwin win the forthcoming by-election, and that is [00:03:00] far from being a done deal, the Reform Party will suddenly have a number of alternative leaders in its ranks because not only would they have Robert Jenrick who had been aspiring to the leadership of the Conservative Party not all that long ago, not only would they have Suella Braverman, a former Home Secretary and a genuine big political beast. Some people would rather criticise the BBC for calling her a big beast. She's a former Home Secretary. That qualifies for big beast I think in most political lexicons.

Ruth Fox: It's one of the top three officers of State, isn't it?

Mark D'Arcy: Yeah. So you may or may not have a good opinion of Suella Braverman, but I think if you get to be Home Secretary, it's a fairly legitimate description, but potentially you'd also have Matthew Goodwin as well. And so there'd be a number of people who would be aspiring to the crown of Nigel Farage. At such time as he might decide to step down from the leadership of the Reform Party. That may be quite some time away, but it changes the dynamic of a political party in Parliament and outside it when there are plausible alternative leaders knocking around.

That might just have an [00:04:00] interesting effect on the way the Reform Party operates in Parliament and beyond.

Ruth Fox: Yeah. But Mark, we've had, in response to this development and the resignation of Andrew Gwynne, the Labour MP that prompted to the by-election and all of these political manoeuvrings. This week we've had a couple of questions from listeners, interestingly anonymously. Always makes me wonder who are. Are they MPs? Are they civil servants? Parliamentary staff? I doubt it's parliamentary staff because they probably know this stuff, but the questions are, why can't MPs just resign their seat? Why do they need to take the Chiltern Hundreds?

As one of the listeners put it, what on earth is the Chiltern Hundreds? So I think we need a little explainer, Mark. Full transcript →

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