![Margaret Ferrier speaking in the House of Commons on 16 June 2022.](https://media.guim.co.uk/4031779b68bcd8369faa06e975f9d3422af59c9c/1_155_2598_1559/1000.jpg)
Margaret Ferrier has lost her appeal against a proposed 30-day ban from the House of Commons over Covid rule breaches, paving the way for a byelection in the MP’s Scottish constituency.
The former Scottish National party MP was found to have damaged the reputation of the Commons and put people at risk after taking part in a debate and travelling by train while she had Covid in September 2020.
The failure of her appeal could trigger a recall petition in her Rutherglen and Hamilton West constituency, where a byelection would provide Labour with an opportunity to contest a seat in Scotland, where it hopes to make gains in the general election.
The seat was won by the SNP in 2019 and by Labour in 2017, and would be a crucial electoral test for Scotland’s new first minister, Humza Yousaf, whose party has been mired in financial scandal and personal clashes.
Any suspension of 10 or more working days automatically triggers a recall petition, which, if signed by 10% of constituents, leads to a byelection.
The length of the Ferrier’s suspension alarmed backers of Boris Johnson, who is being investigated by the privileges committee about breaches of Covid rules in Downing Street. He hopes to avoid a similar lengthy sanction, which may prompt a byelection in his Uxbridge seat.
An independent expert panel on Monday dismissed Ferrier’s appeal, stating that it had “no substance” after the Commons standards committee recommended her suspension in March.
“The first stage of the appeal process has not been met. The sanction imposed was neither unreasonable nor disproportionate. For these reasons, this appeal is dismissed.”
Scottish Labour’s deputy leader, Jackie Baillie, said a byelection had moved “one step closer” in the constituency, where the party already has a candidate in Michael Shanks, a modern studies teacher who lives locally.
“It is simply disgraceful that this community has been left without proper representation due to the actions of Margaret Ferrier,” said Baillie. Shanks would provide its constituents with “the clean start that they deserve,” she said.
The SNP said it was “ready to take the fight to the Tories and pro-Brexit Labour party” but has been struggling to find a suitable candidate to contest the byelection.
Yousaf has been trying to find a candidate after refusing to endorse any of the three local councillors who put themselves forward.
The SNP’s opponents assume no one in the party would want to fight the seat given the high probability they would lose, and have to spend much of the contest fending off palpable anger locally over Ferrier’s behaviour.
Ferrier, who lost the SNP whip, was sentenced to 270 hours of community service after pleading guilty to breaching Covid rules. In September 2020, she took a Covid test after developing symptoms but the next day attended church and had lunch with a family member.
Two days later, while awaiting the results of a Covid test, she travelled by train to London, took part in a parliamentary debate and ate in the members’ tearoom. She then travelled home to Glasgow by train the next morningdespite being told she had tested positive.