Former SNP MP Margaret Ferrier should 'do the right thing' and resign after losing appeal against 30-day suspension for flouting Covid rules, Anas Sarwar says

A by-election in her seat now seems likely

Margaret Ferrier should “do the right thing” and resign after the former SNP MP lost an appeal over a proposed 30-day Commons ban, Scottish Labour leader Anas Sarwar has said.

The Rutherglen and Hamilton West MP, who now sits as an independent, could now face a by-election after she breached Covid rules in 2020 by travelling by train from Scotland to England while positive for the virus.

The House of Commons’ standards committee judged her decision to travel from Glasgow to be worthy of a 30-day suspension, with a sanction of ten sitting days or more being enough to potentially force a by-election.

Margaret Ferrier (left) on the campaign trail with former first minister Nicola Sturgeon in 2019, when she remained a SNP MP. Picture: Jeff J Mitchell/Getty Images

Ms Ferrier appealed against the punishment recommended by the Commons Standards Committee. However, the Independent Expert Panel confirmed her challenge had been rejected.

MPs will now be asked to vote on the 30-day ban in the Commons, which, if backed, will spark a recall petition.

This requires a minimum of 10 per cent of voters in her constituency to sign the petition – open for six weeks – a bar that, if reached, will spark the seat becoming vacant and a by-election called.

There has never been a recall petition in Scotland since the procedure was introduced in 2015.

Margaret Ferrier has lose her appeal against a 30-day suspension. Picture: PA

While on the campaign trail in Cambuslang, which is part of Ms Ferrier’s constituency, Mr Sarwar urged former colleagues of Ms Ferrier to approve the suspension.

However, he appealed to Ms Ferrier to put her constituents first by stepping down from the post.

He said: “At every single stage of this process, Margaret Ferrier has done the wrong thing. She has one final chance to do the right thing and resign as the local MP and allow the people of Rutherglen and Hamilton West to have a fresh start and elect an MP that’s on their side.

“If she fails to do that, then I’m calling on both SNP and Tory MPs to vote for this sanction when it comes before them in the House of Commons and then allow the people of this constituency to participate in that recall petition.

“I am confident if that happens they will with overwhelming numbers reject Margaret Ferrier, meaning we have a by-election here.”

Constituents on Ms Ferrier’s doorstep are “furious” the issue has dragged on for “far too long”, Mr Sarwar said, adding “every step of the way, this individual is trying to keep her job rather than actually standing up for the community that needs proper support”.

Ms Ferrier, who was elected in 2019 with a 5,000-vote majority, has already been ordered to complete a 270-hour community payback order by a court after admitting culpably and recklessly exposing the public “to the risk of infection, illness and death” as a result of her behaviour.

Dismissing Ms Ferrier’s appeal, the Independent Expert Panel said: “She acted with blatant and deliberate dishonest intent. She acted with a high degree of recklessness to the public and to colleagues and staff at the House of Commons.

“She acted selfishly, putting her own interests above the public interest. There could therefore be no lesser sanction for this conduct.”

Scottish Labour have put forward teacher Michael Shanks as the candidate vying for the seat in a potential by-election and the general election, but the SNP are yet to select their candidate.

Mr Sarwar said his party were “going all out” to win in the constituency as the party pushes for a Labour majority in Westminster.

His party’s electoral recovery starts in Rutherglen and Hamilton West, he said.

Scottish Labour last won the seat in 2017 with a majority of just 265, with a repeat victory a significant blow to a dazed SNP.

An SNP victory would be against the odds and would stand in stark contrast to recent opinion polling.

Three MPs have previously faced recall petitions, Tory MP for Brecon and Radnorshire, Chris Davies, Labour MP for Peterborough, Fiona Onasanya, and DUP MP for North Antrim, Ian Paisley.

Only Mr Paisley remained as an MP following the petition, with the number of voters demanding a by-election falling below the 10 per cent minimum.

Scottish Liberal Democrat deputy leader Wendy Chamberlain MP said: “Today’s news takes us one step closer to a recall petition and a long overdue by-election.”

An SNP spokesperson said: “There must now be a by-election in Rutherglen and Hamilton West, which the SNP has been calling for since Ms Ferrier’s Covid rule breach first came to light in 2020.

“The SNP is ready to take the fight to the Tories and pro-Brexit Labour Party at that by-election – and we will be putting the cost of living, NHS and independence at the heart of our campaign.

“We will be working hard for every vote to ensure the people of Rutherglen and Hamilton West can have a strong SNP MP to stand up for their interests locally and for Scotland.”

Scottish Tory MSP Graham Simpson said Ms Ferrier’s actions were “reckless” and echoed calls for her to resign.

He said: “Instead, it looks like she will brazenly continue to take her MP salary until the bitter end.”

Ms Ferrier had argued the proposed 30-day ban “amounts to double jeopardy, since she has already been penalised by the Sheriff Court”. Dismissing Ms Ferrier’s appeal, the Independent Expert Panel said: “She acted with blatant and deliberate dishonest intent. She acted with a high degree of recklessness to the public and to colleagues and staff at the House of Commons.

“She acted selfishly, putting her own interests above the public interest. There could therefore be no lesser sanction for this conduct.”