All eyes on new year for election re-run

Commons Speaker John Bercow yesterday paved the way for a delay in the Oldham East and Saddleworth by-election — meaning the area could be without an MP for another two months.

The Chronicle understands the election will be held on February 3 and called when Parliament returns from its Christmas break on January 10.

Labour have yet to choose a candidate after former MP Phil Woolas was barred from standing for election for three years.

Three senior judges rejected his challenge against the decision of a specially-convened election court last week. The court, the first of its kind in 99 years, found the former Immigration Minister guilty of lying about Lib-Dem rival Elwyn Watkins, who he beat by 103 votes in May’s General Election.

Mr Bercow yesterday told MPs he did not expect Mr Woolas to appeal the decision but said the window for appeal had not closed — signalling to the Lib-Dems and the Tories not to lay the writ, which would in turn trigger the by-election.

In a Commons statement he said: “The House will know that the administrative court has upheld the certificate of report of the election court.

“I understand that Mr Woolas is not intending to appeal, although the period for applying for leave to appeal has not yet expired.

“However, I can inform the house that the subjudicy no longer applies to this matter, so far as the seat is concerned it has been vacated since November 5, the date on which I received the election court certificate and report as I informed the House in my previous statement.”

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, which is usually done by the party who last held the seat.

A by-election must be held within 12 to 19 working days of the issue of the writ.

All parties would have been keen not to lay the writ yesterday — despite Mr Woolas publicly saying he is out and will not appeal — as the election could have been held as early as December 23.

Voter turn-out at by-elections is usually significantly lower than general elections and factoring in the freezing weather conditions and Christmas, all parties could suffer in the bid to win the three-way marginal.

Delaying the election until February will mean warmer temperatures and slightly lighter evenings.