Sovereignty Act
DRAFT
Sovereignty Act
DRAFT
This DRAFT of the Sovereignty Act 2025 has been prepared as an illustrative example of how the proposed Sovereignty model might be implemented through legislative changes within the United Kingdom. As such, it is intended solely to offer a tangible representation of the types of legislative changes that would be required in order to introduce Sovereignty as the model of governance in the UK. It serves as a starting point.
The final version of the Sovereignty Act will be subject to enhancement and modification based on insights, expertise, feedback from those signing/joining the Sovereignty Accord, legal professionals, constitutional scholars and the broader public. This collaboration will ensure that the Act accurately reflects the principles of accountable and efficient governance that the Sovereignty model aims to embody. We anticipate this draft will evolve significantly as it is shaped by such input to create a robust, practical, and legally sound piece of legislation.
The UK's uncodified constitution relies on statutes, conventions, and common law, emphasising parliamentary sovereignty, representative democracy via first-past-the-post elections, PM-appointed ministers, and limited direct democracy (e.g., occasional referendums). Devolved powers in Scotland, Wales, and Northern Ireland separate reserved (UK-wide, like foreign affairs) from devolved matters (e.g., health). Post-Brexit laws handle supranational issues, while data/human rights protections and electoral integrity rules (e.g., voter ID) must be upheld. Introducing Sovereignty - direct ministerial elections, weighted voting, direct votes, recalls, and departmental budgets - requires amendments to avoid conflicts, ensure stability, and comply with ECHR rights.
Key amendments/additions:
Electoral Laws: Update Representation of the People Act 1983 and Elections Act 2022 for national plurality voting on DEMs/PM, separate from FPTP for Constituency MPs; align PPERA 2000 for issue-based campaigns and optional party roles; incorporate Electoral Administration Act 2006 and Political Parties and Elections Act 2009 for anti-fraud, donations, and petitions.
Ministerial Roles: Repeal/amend Ministers of the Crown Act 1975 to replace PM appointments with direct elections; extend House of Commons Disqualification Act 1975 to DEM candidates.
Direct Democracy: Regulate Direct Votes as referendums under PPERA 2000 with fixed dates and Electoral Commission oversight.
Recalls: Extend Recall of MPs Act 2015 to DEMs with national thresholds; link to Dissolution and Calling of Parliament Act 2022 for early elections if multiple recalls occur.
Budgets: Amend Budget Responsibility and National Audit Act 2011 for departmental autonomy with OBR coherence in negotiations.
Legislative Process: Modify Parliament Acts 1911/1949 for weighted voting; establish Special Adjudicator under Constitutional Reform Act 2005.
Devolution: Amend Scotland Act 1998, Government of Wales Act 2006, and Northern Ireland Act 1998 to apply Sovereignty to reserved matters, with regional adaptations and consultations for devolved issues.
Rights and Data: Ensure ECHR compliance via Human Rights Act 1998; assign supranational treaties to Globalisation DEM under Constitutional Reform and Governance Act 2010 and European Union (Withdrawal) Act 2018.
New Provisions: Include phased commencement, transitional rules, and Supreme Court jurisdiction for disputes; mitigate risks like confidence crises through safeguards preserving conventions (e.g., collective responsibility).
An Act to reform the system of government in the United Kingdom by providing for the direct election of the Prime Minister and ministers responsible for government departments; to make provision about legislative procedures, including weighted voting and direct public participation in votes on legislation; to make provision about the recall of elected ministers and members of Parliament; to make provision about the negotiation and approval of departmental budgets; to amend enactments relating to elections, Parliament, ministers, budget responsibility, human rights, devolution and other matters; and for connected purposes.
BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Establishment of Sovereignty
(1) This Act establishes a system of government known as “Sovereignty” which provides for—
(a) the direct election of the Prime Minister and ministers responsible for government departments;
(b) revised procedures for the passage of legislation, including weighted voting and direct votes by the electorate;
(c) enhanced accountability through recall mechanisms; and
(d) departmental autonomy in budgetary matters subject to national coordination.
(2) In this Act—
“Directly Elected Minister” or “DEM” means a minister elected under section 2(3)(b) who is responsible for one or more government departments;
“Constituency MP” means a member of the House of Commons elected to represent a parliamentary constituency;
“Direct Vote” means a vote by the electorate on legislation or other matters as provided for by this Act, conducted as a referendum under the Political Parties, Elections and Referendums Act 2000.
(3) This Act extends to the whole of the United Kingdom, subject to the adjustments for devolved administrations in Schedule 4.
2 Amendments to the Representation of the People Act 1983
The Representation of the People Act 1983 is amended as follows.
(1) In section 1 (parliamentary electors), after subsection (1) insert—
“(1A) For the purposes of electing the Prime Minister, Directly Elected Ministers and Constituency MPs under the Sovereignty Act 2025, all qualified electors shall have the right to vote in national and constituency-based elections as provided under that Act.”.
(2) After section 23 insert—
“23A Elections under Sovereignty
(1) Elections shall be held for—
(a) the Prime Minister;
(b) Directly Elected Ministers for each government department, elected by plurality vote across the United Kingdom; and
(c) Constituency MPs for each parliamentary constituency, elected by first-past-the-post.
(2) The Electoral Commission shall oversee these elections, ensuring separate ballots for each role.
(3) Candidates for Directly Elected Ministers must declare their departmental focus and may run for multiple related departments, subject to regulations made by the Secretary of State.
(4) Regulations under subsection (3) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.
(3) In section 40 (timing as to local elections in England and Wales), after subsection (3) insert—
“(4) General elections under the Sovereignty model shall occur every five years, or earlier if triggered by recall or dissolution, aligning with the Dissolution and Calling of Parliament Act 2022.”.
(4) In Schedule 2, omit the provisions relating to party-list systems to the extent that they conflict with issue-based candidacies under this Act, but preserve first-past-the-post for Constituency MPs.
3 Amendments to the Political Parties, Elections and Referendums Act 2000
The Political Parties, Elections and Referendums Act 2000 is amended as follows.
(1) In section 10 (giving of advice and assistance), after subsection (7) insert—
“(8) The Electoral Commission shall provide guidance on issue-based campaigns for Directly Elected Ministers and Constituency MPs, reducing emphasis on party affiliations while permitting party endorsements.”.
(2) In sections 22 to 29 (registration of political parties), for “must” substitute “may” in relation to party registration, so as to allow optional registration for candidates running as independents or on issue-specific platforms under this Act.
(3) After section 101 insert—
“101A Regular Direct Voting Days
(1) Direct Votes on legislation or recalls shall occur on fixed dates: 5th March, 5th July and 5th November annually.
(2) The Commission shall regulate these votes as referendums, ensuring secure paper ballots and online petitions for initiation.”.
4 Amendments to the Parliament Acts 1911 and 1949
(1) The Parliament Act 1911 is amended as follows.
(2) In section 1 (powers of House of Commons as to money bills), after subsection (1) insert—
“(1A) For the purpose of passing legislation under the Sovereignty Act 2025, voting in the House of Commons shall be weighted as follows—
(a) the sponsoring Directly Elected Minister counts for 30%;
(b) all other Directly Elected Ministers collectively count for 20%;
(c) Constituency MPs count for 25%;
(d) Direct Votes count for 25%.
Legislation passes if the total weighted vote exceeds 50%.”.
(3) In section 2 (restriction of the powers of the House of Lords as to bills other than money bills), after subsection (4) insert—
“(4A) This section has effect subject to the weighted voting system under section 1(1A) of this Act as inserted by the Sovereignty Act 2025.”.
(4) The Parliament Act 1949 is amended accordingly to align with the amendments made by subsections (2) and (3).
5 Amendments to the Recall of MPs Act 2015
The Recall of MPs Act 2015 is amended as follows.
(1) In section 1 (how an MP becomes subject to a recall petition process), after subsection (5) insert—
“(6) This Act extends to Directly Elected Ministers under the Sovereignty Act 2025.
(7) For Directly Elected Ministers—
(a) a recall petition may be initiated if 25% of the national electorate signs it, leading to suspension of legislative powers until a recall election;
(b) if more than 50% of the national electorate signs it, His Majesty may dissolve the position, with the Prime Minister appointing an interim until a new election.”.
(2) In section 5 (Speaker’s notice that first, second or third recall condition has been met), after subsection (4) insert—
“(4A) For Directly Elected Ministers, the notice shall be given nationally and the petition process adjusted for national thresholds.”.
6 Amendments to the Budget Responsibility and National Audit Act 2011
The Budget Responsibility and National Audit Act 2011 is amended as follows.
(1) After section 5 insert—
“5A Sovereignty budget negotiations
(1) Directly Elected Ministers shall negotiate departmental budgets with the Chancellor of the Exchequer after an election.
(2) The Finance Bill and Charter for Budget Responsibility shall be subject to parliamentary scrutiny and Direct Vote on 5th November following a general election on 5th July.”.
(2) In sections 6 to 8, after each reference to “fiscal framework” insert “, including departmental autonomy under the Sovereignty Act 2025,”.
7 Amendments to the Human Rights Act 1998
The Human Rights Act 1998 is amended as follows.
In section 6 (acts of public authorities), after subsection (3) insert—
“(4) The implementation of the Sovereignty Act 2025 must comply with the Convention rights, including Article 10 (freedom of expression), Article 11 (freedom of assembly and association) and Article 3 of Protocol No. 1 (right to free elections).”.
8 Amendments to the Ministers of the Crown Act 1975
The Ministers of the Crown Act 1975 is amended as follows.
(1) Omit section 1 (transfer of functions between Ministers).
(2) After section 2 insert—
“2A Direct election of Ministers
(1) Ministers of the Crown shall be elected as Directly Elected Ministers under the Sovereignty Act 2025.
(2) The Prime Minister may not appoint Ministers except in interim cases under that Act.”.
9 Amendments to the House of Commons Disqualification Act 1975
The House of Commons Disqualification Act 1975 is amended as follows.
In section 1 (disqualification of holders of certain offices and places), after subsection (3) insert—
“(3A) This section applies to candidates for Directly Elected Minister under the Sovereignty Act 2025, but a Directly Elected Minister is not disqualified from serving as a Constituency MP if so elected.”.
10 Amendments to the Constitutional Reform and Governance Act 2010
The Constitutional Reform and Governance Act 2010 is amended as follows.
In section 20 (treaty ratification), after subsection (1) insert—
“(1A) Treaties within the remit of the Directly Elected Minister for Globalisation under the Sovereignty Act 2025 require approval by Direct Vote if they bind the United Kingdom supranationally.”.
11 Amendments to the Dissolution and Calling of Parliament Act 2022
The Dissolution and Calling of Parliament Act 2022 is amended as follows.
After section 3 insert—
“3A Dissolution triggered by recalls
(1) Parliament may be dissolved if recalls under the Recall of MPs Act 2015 (as amended by the Sovereignty Act 2025) affect half or more of Directly Elected Ministers.
(2) The Prime Minister must advise His Majesty accordingly.”.
12 Amendments to the Elections Act 2022
The Elections Act 2022 is amended as follows.
(1) In section 1 (voter identification), after subsection (2) insert—
“(2A) Voter identification requirements apply to elections for Directly Elected Ministers and Direct Votes under the Sovereignty Act 2025.”.
(2) In section 13 (postal voting), after subsection (1) insert—
“(1A) Postal voting rules extend to national ballots for Directly Elected Ministers.”.
13 Amendments to the Electoral Administration Act 2006
The Electoral Administration Act 2006 is amended as follows.
In section 15 (use of personal identifier information), after subsection (4) insert—
“(4A) Personal identifiers may be used for verification in recall petitions and Direct Votes under the Sovereignty Act 2025.”.
14 Amendments to the Political Parties and Elections Act 2009
The Political Parties and Elections Act 2009 is amended as follows.
In section 1 (compliance with controls imposed by the 2000 Act etc), after subsection (2) insert—
“(2A) Controls on donations and expenditure apply to campaigns for Directly Elected Ministers under the Sovereignty Act 2025.”.
15 Amendments to the European Union (Withdrawal) Act 2018
The European Union (Withdrawal) Act 2018 is amended as follows.
In section 8 (dealing with deficiencies arising from withdrawal), after subsection (1) insert—
“(1A) Regulations under this section must assign responsibility for supranational agreements to the Directly Elected Minister for Globalisation under the Sovereignty Act 2025.”.
16 Amendments to the Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is amended as follows.
After section 26 insert—
“26A Special Adjudicator under Sovereignty
The Lord Chancellor must appoint a Special Adjudicator in accordance with this Part to determine jurisdictional matters under the Sovereignty Act 2025.”.
17 Amendments to devolution legislation
(1) The Scotland Act 1998 is amended as follows.
In section 28 (Acts of the Scottish Parliament), after subsection (7) insert—
“(7A) This section has effect subject to the Sovereignty Act 2025 in respect of reserved matters.”.
(2) The Government of Wales Act 2006 is amended accordingly.
(3) The Northern Ireland Act 1998 is amended accordingly.
18 Legislative authority
(1) A Directly Elected Minister may introduce a bill relevant to their department, subject to determination by the Special Adjudicator as to whether co-sponsorship with other Directly Elected Ministers is required.
(2) The Special Adjudicator is established by Schedule 2.
19 Voting mechanism
A bill passes if it receives a majority under the weighted voting system provided for by section 4.
20 Direct Democracy Days
Direct Votes shall be held on 5th March, 5th July and 5th November each year for the purposes of this Act.
21 Recall and accountability
The recall of Directly Elected Ministers and Constituency MPs is governed by the Recall of MPs Act 2015 as amended by this Act.
22 Regulations
(1) The Secretary of State may by regulations make provision for the purposes of this Act.
(2) Regulations under this Act are to be made by statutory instrument.
(3) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, except for regulations under section 25(2) which require approval by resolution of each House.
23 Transitional provision
(1) The first general election under this Act shall be held on a date appointed by the Secretary of State.
(2) Until that election, existing ministers continue in office.
24 Extent
This Act extends to England and Wales, Scotland and Northern Ireland.
25 Commencement
(1) This section and sections 22 to 26 come into force on the day on which this Act is passed.
(2) The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
(3) Different days may be appointed for different purposes or areas.
26 Short title
This Act may be cited as the Sovereignty Act 2025.
(See section 2 to 17 for details of amendments and repeals.)
1 Appointment
The Special Adjudicator is to be appointed by the Lord Chancellor on the recommendation of the Judicial Appointments Commission.
2 Functions
The Special Adjudicator shall determine—
(a) whether a bill falls within a Directly Elected Minister’s jurisdiction;
(b) whether co-sponsorship is required.
3 Tenure
The Special Adjudicator holds office during good behaviour.
1 Scotland
The Sovereignty model applies to reserved matters; for devolved matters, the Scottish Parliament may adapt provisions with the consent of the Secretary of State.
2 Wales
Similar provision as for Scotland.
3 Northern Ireland
Similar provision as for Scotland, subject to cross-community consent where required.