Expert Panel Upholds Ruling Against MP Who Breached COVID Rules

Then Scottish National Party (SNP) MP Margaret Ferrier speaks in the House of Commons, London, on Oct. 28, 2020. Parliament TV

Independent MP Margaret Ferrier has lost her appeal against a proposed 30-day suspension from the House of Commons.

Ferrier, who was elected as a Scottish National Party (SNP) MP in December 2019, was suspended from her party after admitting she had travelled on a train between London and Scotland in September 2020—despite having tested positive for COVID-19.

In August 2022, Ferrier pleaded guilty to breaching COVID-19 rules and admitted “culpably and recklessly exposing the public” to the risk of “infection, illness, and death.”

She was subsequently ordered by a court to complete a 270-hour community payback order.

The Commons Standards Committee in March recommended that Ferrier should be suspended for 30 days, but she appealed against the decision.

On Monday, an Independent Expert Panel dismissed her appeal, saying that “none of the grounds had substance” and that “the sanction imposed was neither unreasonable nor disproportionate.”

Commuters walk past a bus stop with a government message about COVID-19 tier 4 restrictions urging people to stay home, in London, on Dec. 29, 2020. Tolga Akmen/AFP via Getty Images

MPs will now be asked to vote on whether the 30-day sanction—which is being imposed because her behaviour also breached the House of Commons Code of Conduct—should go ahead.

Under Parliament rules, a by-election can be held if an MP is suspended for 10 sitting days or more. For this to happen, however, 10 percent of registered voters in the constituency need to sign a recall petition.

‘Recklessness’

Dismissing Ferrier’s appeal, the Independent Expert Panel said of the Scottish MP: “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.”

Ferrier had argued that the proposed 30-day ban “amounts to double jeopardy,” since she has already been penalised by the court.

But the Independent Expert Panel said “there is no double jeopardy here,” as the criminal proceedings and the workplace disciplinary proceedings “are quite different.”

The report went on to describe her as being “dishonest,” pointing out that she failed to inform the Parliamentary test-and-trace team of her positive COVID-19 test result, and did not tell the SNP chief whip.

The panel stated: “Ms. Ferrier’s failure was not a single misjudgement, but a series of deliberate actions over several days.”

At a time when others “both across the country and within the Parliamentary community, made significant sacrifices in order to follow the rules and guidance during the COVID-19 pandemic,” the report said, Ferrier “knowingly exposed others to risk.”

By-Election

Leaders of major Scottish political parties have agreed that a by-election should now be held in Ferrier’s Rutherglen and Hamilton West constituency.

Scottish Labour leader Anas Sarwar appealed to Ferrier to step down from her post.

“At every single stage of this process, Margaret Ferrier has done the wrong thing,“ Sarwar said. ”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.”

Scottish Liberal Democrat deputy leader Wendy Chamberlain MP said: “At a time when so many Scots were staying home to keep themselves and others safe, Margaret Ferrier acted with real recklessness.

“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.”

Chris Summers and PA Media contributed to this report.