Under the Parliamentary Oaths Act 1866, members of both Houses of Parliament are required to take an Oath of Allegiance upon taking their seat in Parliament, after a general election, or by-election, and after the death of the monarch. Until the oath or affirmation is taken, an MP may not receive a salary, take their seat, speak in debates or vote.
The usual wording of the oath is:
I… swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors, according to law. So help me God.
Members who object to swearing the oath are permitted to make a solemn affirmation under the terms of the Oaths Act 1978:
I… do solemnly, sincerely and truly declare and affirm that I will be faithful and bear true allegiance to Her MajestyQueen Elizabeth, her heirs and successors, according to law.
This also applies to the Scottish Parliament and the Welsh Assembly -
Scottish Parliament
Section 84 of the ScotlandAct 1998 requires Members of the Scottish Parliament to take the Oath of Allegiance at a meeting of the Parliament. Members of the Scottish Executive and junior Scottish Ministers are additionally required to take the Official Oath.
Welsh Assembly
Section 20 of the Government of Wales Act 1998 requires members of the National Assembly for Wales to take the oath of allegiance. A Welsh form of the Oath is prescribed by the National Assembly for Wales (Oath of Allegiance in Welsh) Order 1999
Refusing to take the oath
Those elected to the House of Commons, to the Scottish Parliament, or to the Welsh Assembly who refuse to take the oath or affirmation are barred from participating in any proceedings, and from receiving their salaries. Members of the House of Commons could also be fined £500 and, have their seat declared vacant “as if he were dead” if they attempt to do so. Under the Parliamentary Oaths Act 1866, any peer voting, or sitting in the House of Lords without having taken the oath, is subject, for every such offence, to a penalty of £500. Members of the Scottish Parliament must take the oath within 2 months of being elected, failing which they cease to be members and their seat is vacated.
Northern Ireland Assembly
Although an oath of allegiance is required of members of the Scottish Parliament and the Welsh Assembly, there is no requirement for members of the Northern Ireland Assembly to take an oath of allegiance, or any other oath, nor is there any form of voluntary oath prescribed for those who may wish to swear one. However, members are required to sign the Assembly’s roll of membership, designate their identity as “Nationalist”, “Unionist” or “Other”, and take a Pledge of Office. Ministers can be removed from office if the responsibilities of the pledge are not met.
Members pledge:
(a) to discharge in good faith all the duties
of office;
(b) commitment to non-violence and
exclusively peaceful and democratic means;
© to serve all the people of Northern
Ireland equally, and to act in accordance with the general obligations on
government to promote equality and prevent discrimination;
(ca) to promote the interests of the whole
community represented in the Northern Ireland Assembly towards the goal of a
shared future;
(cb) to participate fully in the Executive
Committee, the North-South Ministerial Council and the British-Irish Council;
(cc) to observe the joint nature of the
offices of First Minister and deputy First Minister;
(cd) to uphold the rule of law based as it is
on the fundamental principles of fairness, impartiality and democratic
accountability, including support for policing and the courts;
(d) to participate with colleagues in the
preparation of a programme for government;
(e) to operate within the framework of that
programme when agreed within the Executive Committee and endorsed by the Assembly;
(f) to support, and to act in accordance
with, all decisions of the Executive Committee and Assembly;
(g) to comply with the Ministerial Code of
Conduct.
Proposed
amendments to oath
There have been several private Member’s bills in recent years concerning the parliamentary oath. NONE HAS BEEN SUCCESSFUL.
E.g. - Democratic Oaths Bill 1987-88137 (Tony Benn)
21 July 1988 Presentation and first reading
I, A B, Do swear by Almighty God Or Solemnly declare and affirm That I will be faithful and bear true allegiance to the peoples of the United Kingdom, according to their respective laws and customs;preserving inviolably their civil liberties and democratic rights of selfgovernment, through their elected representatives in the House of Commons, andwill faithfully and truly declare my mind and opinion on all matters that come before me without fear or favour.
Republican parliamentarians
Early objections to the oath were mainly with the religious declarations, until affirmation make it acceptable to differing faiths or to atheists. Later objections center on the fact that it is to the Crown which republicans
oppose.
Tony Benn in 1992 stated, when he took the oath, “As a dedicated
republican, I solemnly swear …”. In the 1997 election, "As a committed
republican, under protest, I take the oath required of me by law, under the
Parliamentary Oaths Act of 1866, to allow me to represent my constituency…
Later stating, “When one looks at the oaths of a Privy Counsellor, a Member of Parliament and the Sovereign at the coronation, they throw an interesting light on the obligations by which we are bound. The reality is that nobody takes an oath to uphold democracy in Britain. The Queen takes an oath to govern the country and uphold the rights of the bishops. We take an oath to the Queen. Nobody in the House takes an oath to uphold democracy in Britain.”
According to “The Parliamentary Oath” even if the entire country were to vote in a general election for a party whose manifesto pledge was to remove the monarchy, it would be impossible by reason of the present oath, and current acts of parliament, for such elected MPs to take their seats in the House of Commons, or be raised to the House of Lords, without taking this Oath of Allegiance to the ruling monarch, and to her heirs, and successors. However, there would be NOTHING TO PREVENT A PARLIAMENTARY MAJORITY debating a REPUBLIC or from seeking to RENEGOTIATE THE CONSTITUTIONAL SETTLEMENT since FREEDOM OF SPEECH is guaranteed by ARTICLE 9 of the BILL OF RIGHTS 1689.
The oath of allegiance has its origins in the Magna Carta, signed on 15 June 1215.
‘Once the terms had been finalised on 19 June, the rebels again swore allegiance to KingJohn. The later Bill of Rights (1689) included the Oath of Allegiance to the crown, which was required by Magna Carta to be taken by all crown servants and members of the judiciary.’
Armed Forces and the Judiciary are not exempt –
Armed forces
All persons enlisting in the British Army and the Royal Marines are required by the Army Act 1955 to attest to the following oath or equivalent affirmation:
I… swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty QueenElizabeth II, Her Heirs and Successors, and that I will, as in duty bound, honestly and faithfully defend Her Majesty, Her Heirs and
Successors, in Person, Crown and Dignity against all enemies, and will observe and obey all orders of Her Majesty, Her Heirs and Successors, and of the generals and officers set over me.
Judges first Oath of Allegiance:
I… do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law. So help me God.
Judges second Judicial Oath:
I… do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of…, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will. So help me God.
Nor the Police –
Police officers - England and Wales:
I… of… do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved andprevent all offences against people and property; and that while I continue tohold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.
This allegiance to an outdated Monarchy pervades right through British society. For example – Boy Scouts & Girl Guides have to swear a similar oath –
UK Scout Association. (Age 10+)
On my honour, I promise that I will do my best, To do my duty to God and to the Queen, To help other people, And to keep the Scout Law.
Girlguiding UK
I promise that I will do my best: To be true to myself and develop my beliefs, To serve the Queen and my community, To help other people, and To keep the (Brownie) Guide Law.
Why is the Scottish Parliament, Welsh Assembly and UK Parliament still bound by these feudal laws and oaths from the Middle-Ages?
Should elected representatives of the people not be swearing allegiance to the people they represent, not to a so-called powerless Crown figure-head?
It seems the only get out clause is in the statement –
‘However, there would be NOTHING TO PREVENT A PARLIAMENTARY MAJORITY debating a REPUBLIC or from seeking to RENEGOTIATE THE CONSTITUTIONAL SETTLEMENT since FREEDOM OF SPEECH is guaranteed by ARTICLE 9 of the BILL OF RIGHTS 1689.’