The government will move to close a loophole which currently prevents constituents of disgraced Conservative MP Rob Roberts from forcing a by-election.
Mr Roberts faces a six-week suspension from parliament after a House of Commons watchdog found he had made “repeated and unwanted sexual advances” towards his employee in breach of sexual misconduct rules.
However, because the punishment was recommended by the Independent Expert Panel (IEP), rather than a Commons committee he is set to escape a recall petition, even if MPs back his suspension.
Commons leader Jacob Rees-Mogg will invite the “relevant bodies” to consider whether the laws need to be changed to enable the recall process to be triggered in such cases, the government has said.
Cabinet minister Grants Schapps shared his support for changes needed to close the loophole. “Although it’s a decision for the House of Commons, I rather agree that this loophole does need to be closed,” the transport secretary told BBC Radio 4’s Today programme.
Mr Shapps added: “This has gone through a new independent process and doesn’t have the same rules about the so-called recall process which is where constituents can essentially call for an election.”
The Tory party has suspended the whip from the Deyln MP, so he will sit as an independent for the meantime.
Labour has called for Mr Roberts to “resign immediately” and attacked the “technicality” which allowed him to avoid a recall petition.
Labour MP Chris Bryant, chair of Commons’ Committee on Standards, said: “I think it would be entirely dishonourable for a member to exploit that loophole and I think the government has to close it as a matter of urgency.”
But it is unclear whether potential changes will happen anytime soon. Mr Rees-Mogg will ask the relevant Commons bodies to consider whether they could be made “in future”.
A government spokesperson said: “A case of this severity highlights the need to look again at whether the process is striking the right balance between protecting the confidentiality of complainants and ensuring consistency with other types of conduct cases.
“The central aim of the independent complaints and grievance scheme is to help improve the working culture of parliament and it will need to continue to evolve and improve over time.”
The spokesman added: “The leader of the house will invite the relevant bodies to consider whether any changes could be made in future to the process to enable recall to be triggered.”
MPs will now decide whether they will back the IEP’s recommended six-week sanction.
