MARGARET Ferrier may still be able to cling on to her £81,932-a-year job as an MP if she refuses to resign.

MPs can face sanctions from parliamentary authorities or be removed as an MP, but only in certain circumstances.

The ability to ‘recall’ an MP was created in 2015, following the parliamentary expenses scandal, and has been used three times since then. It would force a by-election in the Rutherglen and Hamilton West constituency, if 10% or more of the electorate there voted to remove the MP.

Read more: SNP face pressure to answer 17 questions over MP Ferrier

A recall petition can only be triggered if an MP is convicted and receives a custodial sentence, if they make false claims on expenses, or if the Committee on Standards submits a report ordering the MPs suspension.

While Ms Ferrier has reported herself to the Standards Commissioner, the commissioner cannot investigate criminality. She only investigates breaches of the parliamentary code of conduct, which takes place after any criminal investigation has concluded.

The code of conduct for MPs gives advice mainly relating to financial declarations, although an inquiry is currently ongoing into reviewing the code.

Standards Commissioner

If, following the police investigation, the Commissioner finds there is nothing remaining within her remit to investigate, a ‘recall petition’ would not be possible.

Possible breaches of the parliamentary code, which could be investigated, include over accountability, and openness.

Code of conduct 

On accountability, the code states: “Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.”

On openness, it states: “Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.”

The clause on honesty does not cover all actions of MPs, but states: “Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.”

Proxy vote

Ms Ferrier applied for a proxy vote on Monday, it is understood, and would have had to give a reason for doing so to both the Speaker of the Commons, and the SNP whips.

However Nicola Sturgeon confirmed today that Ms Ferrier had told SNP whips that she had to travel home because a relative was unwell, and did not disclose her coronavirus test, or that she had tested positive. This may constitute a breach of the code.

Recall petition

If the Standards Commissioner does have grounds to investigate Ms Ferrier’s actions and a recall petition is lodged, Ms Ferrier would have to be suspended from the house for 10 sitting days. Constituents would then have to vote, and if the 10% threshold is met, a by-election would be triggered.

According to parliamentary rules, the party which last held the seat would get to decide when to hold the by-election. With the Holyrood elections due in May, it has been suggested the SNP could hold out until then to have one, if the opportunity arose.