The requirements for license-the process

Table of Contents

Introduction & Summary A Teaser Background Advocating Democracy Democracy’s vulnerabilities Overall defensive strategy The scale of the problem The legal status of politicians? The case for licensing politicians The case against licensing politicians The requirements for license-a statuary body to manage the process The requirements for license-the process The application and length of validity Eligibility to holding a licence Licences: non-renewal, suspensions and cancellations The requirements for license-the standards to be attained The requirements for license-the criteria Awarding or refusing the licence Political legal liability Educational program The Singapore experience Promotion and dissemination References Appendix 1 SWOT Analysis of UK democracy post 2024 UK general election Appendix 2. Governance and misconduct arrangements in certain professions Appendix 3: Table of evidence required for each criterion Appendix 4: Process for converting Criteria satisfied to Licence granting

The overriding principle of this proposal is that any individual seeking to become a parliamentarian must first obtain a licence demonstrating their suitability for public office.

Within Parliament, different positions carry varying levels of responsibility and access to sensitive information. Broadly, these responsibilities may be categorised as follows:

  • Constituency Members of Parliament (MPs)
  • Junior Ministers without security-related responsibilities
  • Junior Ministers with security portfolios, Cabinet Ministers, and the Prime Minister

Shadow Ministers generally do not require the same level of clearance as their governmental counterparts, as they are not routinely exposed to classified information. However, senior opposition leaders may receive security briefings on matters of national importance and, therefore, should be required to meet the same enhanced standards as those holding equivalent positions in government.

While these distinctions could justify the creation of three separate licensing levels, such an approach would likely introduce unnecessary complexity. It could also create an unintended barrier to political advancement, as aspiring politicians would need to secure a higher licence before being eligible for promotion. To avoid this, a simpler two-tier licensing framework is proposed.

Level 1 Licence

Required for:

  • All Members of Parliament
  • Backbench MPs who do not seek ministerial office

Level 2 Licence

Required for:

  • All Government Ministers
  • Leaders of political parties represented by five or more MPs
  • Government Ministers who are not Members of Parliament
  • Members of the Privy Council
  • The Constitutional Guardian
  • Officers of the Constitutional Guardian who may have access to classified information
  • Justices of the Supreme Court

A Level 2 Licence will automatically confer all the rights and privileges associated with a Level 1 Licence.

The qualification requirements for a Level 2 Licence will include all criteria applicable to a Level 1 Licence, together with two additional requirements reflecting the greater responsibilities, authority, and access to sensitive information associated with these offices.

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