Important context
The National today reports that a petition demanding by-elections for defector MPs has passed the “milestone“ of 100,000 signatures. I wonder how many of those signatories are aware of the position a person puts themselves in when they agree to stand as a candidate in an election.
With the exception of the regional ballot in a Scottish general election, we vote for the candidate and not the party. We choose the individual we reckon will best represent the parliamentary constituency according to the dictates of their conscience and not the dictates of the party the candidate is a member of at the time of being elected.
With regard to the conduct of their election campaign, the Representation of the People Act 1983 places the legal and financial burden squarely on the candidate and their legally appointed election agent. As the election agent is acting on their behalf, the candidate typically remains ultimately liable for contracts the agent signs on their behalf. Furthermore, if the agent commits an illegal practice (like overspending), the candidate can lose their seat, even if they were unaware of the error.
We choose the individual we reckon will best represent the parliamentary constituency according to the dictates of their conscience and not the dictates of the party the candidate is a member of at the time of being elected.
If a returned candidate (MSP or MP) concludes—following the dictates of their personal conscience—that they cannot properly represent their constituents as a member of the party to which the candidate belonged at the time of being elected, then they are duty-bound to resign their membership of that party, either to sit as an independent or to join a different party.
This important context is completely disregarded by the petition, which if implemented would effectively penalise the individual for behaviour which accords with the terms on which they were elected. This hardly seems fair.
"With the exception of the regional ballot in a Scottish general election, we vote for the candidate and not the party."
Absolutely.
I agree.
Imagine I stand for a candidate for party X because they have policy P in their manifesto which I really care about. I get elected and X does really well, winning the majority of seats and forming a government.
Then they renege on their promise to do P. I resign form the party in disgust.
Why should i have to face a by-election? I haven't left the party, the party has left me! If anything, it is the people who have stayed with them who should face a by-election!