ALBA MPs will not swear an oath of allegiance to the new King, saying the party believe instead “it is the people that are sovereign”.

Neale Hanvey and Kenny MacAskill swore allegiance to the Queen when they were elected to parliament in 2019 but will not renew the vow on Wednesday.

MacAskill was voted in as an SNP member in the last election, while Hanvey entered Parliament as an independent as he had been suspended from the party because of allegations of antisemitism.

Both then joined Alba in 2021. 

MPs are barred from taking their seats, speaking in debates, or receiving their salary until they pledge allegiance to the monarch at the start of a new parliament.

Abstentionist MPs from Sinn Fein, an Irish republican party, do not swear the oath to the Queen and do not take their seats at all.

While almost all MPs are retaking the oath of allegiance, it does not appear to be a requirement for them to do so, with Erskine May, the Commons rule book, saying it is merely “customary” for them to do so.

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The House of Commons has confirmed there are no practical implications for Alba MPs not swearing in.

Hanvey, Alba’s leader in Westminster, said: “In keeping with Scottish constitutional tradition Alba adhere to the principle that it is the people that are sovereign.

“Our position is that Scotland should now move to an elected head of state with similar powers to the Uachtarán na hÉireann [President of Ireland]. 

“Alba firmly stand for Scotland and our MPs' priority is to ensure the people of Scotland have the freedom to make this choice soon, as an independent country."

Ian Blackford voluntarily re-took his oath at the same time as the new Prime Minister Liz Truss and Keir Starmer following the death of the Queen, as the leader of Westminster’s third-largest party.

First Minister Nicola Sturgeon in 2016 led SNP MSPs to go off-script when swearing in, declaring first their “loyalty to the people of Scotland” before then repeating the traditional oath.

A House of Commons spokesperson said: "Swearing-in upon the death of a monarch is optional, with no procedural or statutory implications."

They added that MPs are only barred from taking their seats and voting if they do not swear allegiance "at the start of a parliament - ie after a General Election".