Forget The Terminator – when it comes to Arnie’s hit films, Johnson should worry about Total Recall
Boris Johnson quoted Arnold Schwarzenegger in the movie Terminator 2: Judgment Day in his final address to the Commons as prime minister.
“‘Hasta la vista, Baby’ – thank you”, he signed off to MPs last July.
The quotation, literally “until the view” in Spanish, is usually taken to mean “until we meet again” – a hope which Johnson wholeheartedly embraces. He makes no secret that he would like, and feels he deserves, another go in Number 10 Downing Street. Citing Schwarzenegger conjured up his other catchphrase: “I’ll be back.”
At the moment though, Mr Johnson should be more pre-occupied with another of Arnie’s greatest hits: Total Recall. Recall, in the sense that parliament meant it in the Recall of MPs Act 2015, may well be about to cut short his time as a member of parliament. For now, at least.
The Act was passed in the wake of the expenses scandal, when it proved impossible to remove members from parliament, even after they were sent to prison. The recall process has proved a quietly efficient way of dealing with wrongdoers, although not all of them have paid the ultimate price of losing their seats.
Under the Act recalling, i.e. unseating, an MP can be triggered for three reasons only:
1. If an MP is sent to prison for any length of time, once the appeals process is exhausted. (A sentence of over 12 months automatically kicks an MP out)
2. When the House votes to suspend an MP for 10 sitting days or more on the recommendation of the Standards Committee
3. If an MP is convicted of fiddling expenses and allowances under the Parliamentary Standards Act 2009 – even with a non-custodial sentence
When one of these conditions is met, the speaker informs the “petition officer” in the relevant constituency. In practice the “petition officer” is the council official who acts as returning officer at election times. They must then set up polling stations, open for six weeks, where the petition can be signed (in person or by post). If 10% or more of the local electorate sign it, the MP is recalled and a by-election takes place. The deposed individual is not barred from running for re-election.
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‘Could you lose your seat over this?’
So far, half a dozen MPs have been caught up with or faced the threat of a recall petition. Of these one is still serving and has been re-elected at a general election. Two are out of parliament and three are still uncertain what their fate will be.
In 2018, Ian Paisley Jnr, the DUP MP for South Antrim, was suspended for 30 days for failing to declare hospitality from the Sri Lankan government. But the recall petition in his constituency fell 444 votes short of 10%. No by-election was triggered and he kept his seat.
In early 2019 Fiona Onasanya, Labour MP for Peterborough, was sentenced to three months for perverting the court of justice over speeding offences. Labour removed the whip from her. 28% backed the recall petition. She did not contest the by-election.
The same year the Conservative MP for Brecon and Radnorshire, Christopher Davies, was found guilty of false expense claims. 19% voted for recall. Davies was allowed to stand again as the Conservative candidate in the subsequent by-election, but he lost to the Lib Dems. The Tory Fay Jones won it back in the 2019 general election.
Claudia Webbe, the MP for Leicester East, was convicted of harassment of her partner’s female friend. Labour removed the whip and say she should resign. Her conviction was upheld on appeal but the sentence was reduced, avoiding prison. So a recall petition was not triggered and Webbe continues to sit as an independent MP.
Margaret Ferrier, MP for Rutherglen and Hamilton West, is currently going through the process following a breach of COVID travel restrictions. She was convicted and given 270 hours of community service at Glasgow Sherriff Court. In the next week or so, the Leader of the House, Penny Mordaunt, will call a debate, when the Commons is expected to uphold the 30-day suspension recommended by the Standards Committee. That would trigger a by-election for the SNP at a difficult time. The party has already said it will campaign against Ferrier if she stands again as an independent.
The Standards Committee membership overlaps with the Privileges Committee which is now investigating Boris Johnson for contempt of parliament through lying. Four Conservative MPs and the SNP member argued for a lighter, nine-day suspension for Ferrier which would not have meant a by-election. But in the end the whole committee backed the tougher measures.
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Highlights of Boris Johnson’s evidence
Senior Conservatives still predict that the Privileges Committee will duck a furore if they find against Johnson by recommending a suspension of less than 10 days. But Ferrier’s punishment augurs badly for him if he is to avoid a challenge in his Uxbridge constituency. Their two offences are separate matters, of course, though both relate to breaking the pandemic rules which the prime minister introduced. Committee members are said to be less sympathetic to Mr Johnson than to Ferrier, who is a single parent with a home far from Westminster.
It is possible that Mr Johnson may prefer to face recall rather than stay on as MP for Uxbridge. He has already agreed to fight the next election there as their candidate. Based on current polls, Electoral Calculus predicts that he would lose. They give Labour an 83% chance of taking the seat.
Some MPs caught in controversy choose to fall on their swords and resign rather than go through the recall process – the Conservative MPs Neil Parish and, eventually, Owen Paterson are recent examples. If sanctioned Johnson might prefer to stand down immediately, citing the “good chap” principle. This would give him several personal advantages. Donald Trump style, he could claim political victimisation to stir up his supporters. He would have until the next election to earn as much as possible without having to declare his earnings to parliament.
He could also find another winnable seat. This week John Howell, who has served as MP for Henley since he took over from Boris Johnson, announced that he will not run in the new version of the constituency following boundary changes. Oxfordshire (South East) remains a safe seat with a 65% chance of being held by the Conservatives. Boris and Carrie Johnson own property in the area. It had been thought that Nadine Dorries’ Bedfordshire constituency might make a comfortable berth for him if, as expected, Johnson promotes her to the House of Lords. On current predictions though, Labour are favourites to capture this seat.
Some politicians from the radical right would like to use the recall process as a regular feature of political combat – as impeachment seems to be in danger of becoming in the United States. Zac Goldsmith proposed that just 5% of local voters should be able to trigger a recall for any reason. But the act passed by parliament deliberately reserves it for specific wrongdoing. It gives MPs teeth with which to police their own standards, at a time when public trust in them is low.
There are already more cases pending. Following a media sting, Scott Benton, Conservative MP for the marginal seat of Blackpool has referred himself to the standards commissioner for alleged misuse of his parliamentary email address.
Until now, media coverage of recall petitions has been quiet. This is largely because it is an offence to report on people signing the petition or to speculate on its outcome while it is taking place. The Electoral Commission has suggested some changes but neither the government nor MPs have taken them up. Those constraints on reporting are likely to be tested to the limit should Boris Johnson end up starring in his own Total Recall.
Constance Marten and Mark Gordon have been jailed for a total of 28 years after they were convicted of killing their baby.
Marten, 38, who is from a wealthy family, and her partner Gordon, 51, were each handed sentences of 14 years at the Old Bailey on Monday.
Latest updates from the sentencing
They went on the run with their newborn daughter, Victoria, to get away from social services after their four other children were taken into care.
Victoria’s body was found with rubbish inside a Lidl shopping bag in the corner of an allotment in Brighton on 1 March 2023.
The pair had been the subject of a nationwide manhunt for 54 days.
Read more:
Why did Constance Marten and Mark Gordon go on the run?
How the runaway couple killed their baby
Constance Marten and Mark Gordon. Pic: Met Police/PA
‘No genuine expression of remorse’
Judge Mark Lucraft told the pair during sentencing that “neither of you gave much or any thought to the care or welfare of your baby”.
“Your focus was on yourselves,” he said, before adding: “There has been no genuine expression of remorse from either of you.
“Whilst there have been expressions of sorrow about the death throughout, you’ve adopted the stance of seeking to blame everyone else other than yourselves for what happened.”
Sky’s home affairs reporter Henry Vaughan reported that neither showed much emotion during sentencing, and that after they stood up, Gordon stared at Marten as she left the dock.
They were both convicted of manslaughter by gross negligence following a second trial at the Old Bailey.
Constance Marten being interviewed by police.
Pic: Met Police/PA
They had previously been found guilty of perverting the course of justice, concealing the birth of a child, and child cruelty after an Old Bailey trial lasting almost five months.
A second trial was ordered after the first jury failed to reach a verdict on the manslaughter charges.
Marten is now seeking permission to appeal against her conviction for manslaughter. A previous application to appeal her conviction of cruelty to a child was rejected in February this year.
Both trials were hampered by disruption and delays, taking up more than 33 weeks of court time, which – at an estimated £30,000 per defendant a day – could have cost in the region of £10m.
A search for Marten and Gordon was launched after a placenta was found in the couple’s burnt-out car on a motorway in Bolton in January 2023.
Marten said they went on the run so their fifth child would not be removed from them after her other children were “stolen by the state”.
The couple spent vast sums of cash from her family trust fund on taxi journeys as they travelled from Bolton, to Liverpool, to Harwich in Essex, to London and then to Newhaven on the south coast.
Constance Marten and Mark Gordon were captured on CCTV with their baby
Baby’s clothing inadequate, judge says
Prosecutors said the baby was inadequately clothed in a babygrow and that Marten had got wet as she carried the infant underneath her coat, alleging Victoria died from hypothermia or was smothered while co-sleeping.
Judge Lucraft said that while Marten and Gordon claimed they wanted dignity for Victoria’s body, their “conduct showed the opposite”.
He also said the baby had died by 12 January 2023, and that the couple then concealed her and perverted the course of justice before her “decomposed body” was found.
“When you were arrested,” the court heard, “neither of you was willing to give any assistance to the police about the whereabouts of your daughter’s body.
“Your silence at that stage of events is highly significant.”
Police at the allotment where Victoria’s body was found
Met Police Detective Chief Inspector Joanna Yorke, who led the investigation, said the couple’s “selfish actions” resulted in the death of Victoria, “who would have recently had her second birthday and should have had the rest of her life ahead of her”.
She added: “We know today’s sentencing won’t bring Victoria back, but I am pleased our investigation has resulted in the couple who caused her death finally being brought to justice.”
New evidence has emerged of earlier opportunities to have stopped the Southport attacker before he was able to murder three young girls, according to the lawyer representing their families.
The parents of Bebe King, Elsie Dot Stancombe and Alice da Silva Aguiar will today give evidence to the inquiry which was set up to establish firstly how Axel Rudakubana was able to carry out the attack last July and also to identify lessons to avoid a repeat.
In July, a major review found the government’s Prevent counter-terrorism scheme missed an opportunity to intervene in Rudakubana’s life and potentially turn him away from violence.
Officials with Prevent had been warned three times by teachers that Rudakubana was obsessed with violence – but the case was closed on each occasion because he was not found to have a terrorist ideology.
Now, the lawyer representing the families of Bebe, Elsie and Alice has told Sky News “significant” evidence is emerging of earlier opportunities to have identified Rudakubana as a threat.
Chris Walker said: “We know there have been failings with the Prevent process but, as we are delving deeper and the deeper into the evidence which has been disclosed to us continuously, it is becoming apparent that there were more opportunities and more failings before the Prevent failings.
“It would be inappropriate for me to comment on what exactly those are at this stage. It is evident that the problems with him occurred several years before the Prevent system failed.”
Mr Walker said the families wanted “individual accountability, systemic accountability and systemic reform” to come from the inquiry and an understanding of how and why mistakes occurred.
“We can’t have a system which is designed to prevent evil murderers committing tragedies of this nature being able to continue with their conduct because of individual errors,” he said.
“The system must be robust enough to absorb individual errors to ensure these tragedies will never happen again.”
The Southport Inquiry was told previously there was a ‘wholesale failure’ to address risks posed by Rudakubana
The Southport inquiry, chaired by Sir Adrian Fulford, was set up to examine the circumstances surrounding the attack and the events leading up to it. It will examine Rudakubana’s history and interactions with local services and agencies and their decision-making and information-sharing.
Rudakubana is serving a life sentence with a minimum of 52 years for murdering six year old Bebe, Elsie, who was seven, and Alice, aged nine, at a Taylor Swift-themed dance event.
He seriously injured eight more girls and two adults who had tried to stop him.
Between 2019 and 2021 teachers reported him three times to Prevent under a national duty to alert police and other agencies to potential extremists. On each occasion his case was rejected.
Read more:
The missed chances to stop Rudakubana
Grandfather who tackled killer
The injury has already heard evidence from the parents of other children about the life-changing impact on them of what happened inside the dance studio on 29 July last year.
Families ‘cannot grieve’
For the parents of Bebe, Elsie and Alice, Mr Walker said, the process has been a difficult one.
“The families remain traumatised. It has been approximately 14 months since this horrific attack occurred. Within that time they’ve conducted themselves with dignity and, as a consequence of that, they present extremely well.
“The reality is when they close their front door they remain traumatised and this inquiry is going to continue with that traumatisation for another 12 months, at least, so they’ve not been able to start the next stage of their grieving process.
“But the families are committed to the inquiry. They appreciate and understand the significance of it and the reason for it and they remain committed.”
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