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Misplaced anger

Mark D'Arcy | 13:29 UK time, Thursday, 11 November 2010

It seems the anger at Mr Speaker Bercow over the failure to call a by-election, following the removal of Phil Woolas as an MP by the election court, is even more misplaced than I thought.

This press statement has just emerged from the Commons authorities:

"After the decision by the election court concerning Phil Woolas, the member for Oldham East and Saddleworth, the Speaker of the House of Commons reported the court's decision to the House in a statement on Monday. A candidate reported by an election court as personally guilty of an illegal practice is required to vacate their seat in the House of Commons as from the date of the court's decision (Friday 5 November).

"As the seat is now vacant, a by-election will be held once the House of Commons has passed a motion for the issue of a writ.

"The Speaker can neither initiate nor block the motion to move a writ for a by-election. He has no say in when a member moves a writ for the by-election. This is usually done by a member of the party which has previously held the seat. Once the House agrees to a motion for the issue of a writ, the Speaker is required to carry out the House's decision and to issue his warrant for the by-election. He has no discretion about this. A by-election must be held within 19 working days of the issue of the writ."

Meanwhile, the angst rumbles on. One Labour MP was withering about Harriet Harman's immediate excommunication of Mr Woolas, and contrasted it to the indulgence shown to Ken Livingstone. Another Labour figure opined that the Parliamentary Labour Party "had been ready to blow" for a while.

The post-election euphoria at surviving an electoral near-death experience had soured, and the impotence of opposition had dawned on Labour MPs used to helping shape events. Still another hoped there was a statute of limitations - or half the by-elections of the last 20 years would end up being refought in the courts. Meanwhile Labour backbenchers are being asked to contribute £100 a head to help fund Mr Woolas's attempt to secure a judicial review - and quite a few are said to be coughing up.

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