Insolvency Event: Bankrupt Parliamentarians, Kingston University Law School Research Seminar,Tuesday 20th March 2012
On Tuesday 20th March 2012 a research paper will be delivered as part of Kingston Law School's Research Seminar Series by John Tribe. Here is the title and abstract of the paper:
"Parliamentarians and Bankruptcy: The Disqualification of MPs and Peers from sitting in the Palace of Westminster"
"This article examines three primary source documents from the Bankruptcy Registry of the Royal Courts of Justice. The documents are the Peerage and MP ledger, the Cases of Enduring Public Interest ledger, and the Lord Chamberlain’s correspondence file. These documents provide information on, inter alia, peers and Members of Parliament (MPs) who have been adjudicated bankrupt or for whom bankruptcy petitions have been presented. The documents represent the Bankruptcy Courts’ statutory obligation to report bankrupt Parliamentarians to the respective speakers of the two houses of Parliament. This paper examines the cases of the various peers and MPs in the three documents and the rationale for disqualifying bankrupt Parliamentarians from sitting in the legislature. It is argued that the Enterprise Act 2002 amendments to the bankruptcy regime, and in particular the refocus towards Bankruptcy Restrictions Orders as the tool for excluding Parliamentarians from the legislature, is a move which may satisfy the current policy re-emphasis towards a fresh start and rehabilitation procedure by removing automatic restrictions, but that it is a move which insufficiently recognises the unique position in which Parliamentarians find themselves as legislators. The change in policy also inadequately envisaged how the BRO regime would work in practice."
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...