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.
A workman saved a seven-year-old boy from a burning car in the aftermath of a deadly crash caused by a suicidal ex-pilot, an inquest has heard.
The schoolboy’s rescue came following the collision on the M6, which killed former RAF man Richard Woods and four others, in October last year.
Last week a coroner ruled that Woods, 40, took his own life by deliberately driving his Skoda the wrong way down the motorway while drunk and hitting a Toyota Yaris head-on.
The driver of the Toyota, Jaroslaw Rossa, 42, was also killed, along with his two sons, Filip, 15, and Dominic, seven, and his partner Jade McEnroe, 33.
Cockermouth Coroner’s Court heard on Thursday that Ms McEnroe’s son was also in the car but survived after workman Gavin Walsh came to his rescue at the scene, which was near Tebay services in Cumbria.
In a statement to the inquest, Mr Walsh said he was a passenger in a transit van travelling to Scotland when he witnessed the crash.
He jumped out of the vehicle and used a jack to smash the rear windscreen of the Toyota and pulled the boy out of the burning vehicle.
Mr Walsh said: “We really did try, I can assure everyone we did our best. We only had minimal time.
“I saved a life that day and I hope never to witness anything like that again.”
He added that he has never stopped thinking about the boy, and said: “I hope we will meet again one day and I will give you a massive hug.”
At the time, the family were returning to Glasgow from a trip to Legoland in Windsor, Berkshire.
The inquest heard that Wood, who was travelling at a speed of at least 65mph, would have been charged with manslaughter had he survived.
Recording conclusions of unlawful killing, Cumbria assistant coroner Margaret Taylor said: “I found that Jaroslaw, Jade, Filip and Dominic died as a consequence of the unlawful acts of another driver.”
The inquest heard how Mr Woods, from Cambridgeshire, had served a distinguished 14-year career in the RAF and was a flight instructor for BAE Systems at the time of his death.
Jade McEnroe. Pic: Cumbria Constabulary
Dominic and Filip. Pic: Cumbria Constabulary
In Ms Taylor’s record of inquest, Mr Woods was said to have been experiencing “a number of stressors in his life” and had a “history of harmful use of alcohol”.
Following the crash, he was found to be nearly four times over the legal drink-drive limit and a two-thirds empty bottle of gin was found in his car.
On the day of his death, concerns had been raised over his behaviour at a work conference near Preston in Lancashire.
Mr Woods failed to return to his seat after lunch and was later spotted driving erratically and swerving across three northbound carriageway lanes on the M6.
After pulling onto the hard shoulder, he then proceeded to U-turn and drove southward on lane three.
Filip, Dominic and Jaroslaw Rossa. Pic: Cumbria Constabulary
Detective Sergeant Deborah Story, from Cumbria Police, told the inquest that Mr Woods would have been prosecuted on four counts of manslaughter had he lived.
She said hypothetical charges of murder were considered by detectives but not thought appropriate because of a lack of information that Mr Woods knew the family or anything that provided a link between them.
Ms McEnroe’s parents, Marie McEnroe and George McNellis, told the coroner they thought it was “murder”.
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A statement from the mother of Filip and Dominic, and the ex-wife of Mr Rossa, Kamila, was read out at the inquest.
She said Mr Rossa, known as Jarek, was born in Poland where they became a couple and went on to have three boys.
He loved playing computer games and had “lots of friends”, she said, and worked at the Wagamama restaurant in Silverburn, Glasgow.
She said she was “devastated” over the deaths, adding: “Our lives will never be the same.
“I am heartbroken at the passing of my beloved angels Filip and Dominic.”
Marie McEnroe said her daughter, a spa therapist, had been in a relationship with Mr Rossa for about two-and-a-half years.
She said Jade had been a “brilliant mother” to her only child, was “really happy” with Mr Rossa and it was “lovely chaos” when all the boys were playing together.
Ms McEnroe added: “Life changed forever that day”.
Ms Taylor praised the “selfless acts of bravery” from those in the aftermath of the collision, including Mr Walsh, who she said went towards the burning car “without hesitation for his own safety”.
The coroner added: “Without his swift response, Jade’s child would also have perished.”
Addressing the bereaved family members, she said: “Your loss is unimaginable but you have conducted yourself with dignity and I thank you for that. I wish you strength for the future.”
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.
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