Boris Johnson could face a recall petition that could trigger a by-election if he is ousted by MPs investigating whether he lied about Partygate, House of Commons Speaker Sir Lindsay Hoyle has confirmed.
The Privileges Commission, which is investigating whether the prime minister misled parliament, has set out the terms of its inquiry, insisting the probe will continue despite his resignation.
The spokesman confirmed that the committee’s findings – should they decide Mr Johnson deserves to be removed – would fall within the scope of the MPs Impeachment Act, following advice from a leading barrister.
The committee said Sir Lindsay had ruled that “any suspension of the requisite duration (ten sitting days or fourteen calendar days) consequent on a report by that committee shall give rise to the provisions of the Recall of Members Act”.
A recall petition would mean Mr Johnson’s constituents in Uxbridge and South Ruislip could call a special election to remove him before the next general election.
For any recall petition to be successful, 10 percent of registered voters in a constituency need to sign the petition. The committee suggested that one could be created under the “hypothetical” scenario of Mr Johnson being suspended for 10 days.
If the 10 percent threshold is reached, the seat becomes vacant and a by-election is then required – but the recalled MP can stand again as a candidate.
The Privileges Committee unanimously backed Labour’s Harriet Harman to chair the inquiry that could determine Mr Johnson’s legacy.
The cross-party commission insisted its investigation would go ahead despite Mr Johnson’s resignation as Tory leader and his expected departure from No 10 at the start of September.
The report, released Thursday, said “some suggest” the investigation is no longer necessary. “However, our investigation is about whether the House was misled and political events have no bearing on that.”
The group of senior MPs added: “The House has given the committee this task and we have a duty to get on with it.”
The commission confirmed that officials will be able to give anonymous evidence about parties in No 10 and Whitehall suggesting whether Mr Johnson lied to Parliament during the saga.
MPs pledged to protect anonymous whistleblowers who wish to give evidence as “some witnesses may only be willing to give evidence if their identity is not revealed”.
A report released by the committee on Wednesday also said that in considering the allegations against Mr Johnson, the standard of proof would be “on the balance of probabilities”.
Johnson’s defenders have questioned whether he “deliberately” or “knowingly” misled Parliament during the Partygate saga. But the commission clarified that such a comment is not appropriate.
A note in the report on determining whether Mr Johnson was in contempt of Parliament said: “It is for the Committee and the House to determine whether there is contempt and the intent of the contempt is not relevant to that decision.”
The commission said it expects oral evidence sessions to begin in the autumn, meaning the inquiry will hang over Mr Johnson’s head for months, even after he leaves No 10 and returns to the backbenches.
Downing Street last month dismissed claims by allies that a parliamentary inquiry into his Partygate remarks would be a “kangaroo court” – insisting Mr Johnson trusted the cross-party commission to deliver a fair verdict.
Labor leader Sir Keir Starmer this week called the outgoing prime minister a “complete bi***er” who had “taken the f***” out of people over Partygate.
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