What is a recall petition and could an MP really lose his seat?

Ian Paisley (Liam McBurney/PA) Credit: PA Wire/PA Images

Democratic Unionist Ian Paisley could be the first MP to lose his seat under legislation introduced by the former coalition government in the wake of the MPs’ expenses scandal.

In July, MPs voted to suspend Mr Paisley over his failure to declare two family holidays paid for by the Sri Lankan government.

As a result of the suspension, the MP for North Antrim could face a by-election if his constituents sign the so-called "recall petition" to unseat him.

What is a recall petition?

The Recall of MPs Act 2015 created a mechanism for the first time enabling constituents to force a by-election in cases of serious misconduct.

Under the legislation, a recall petition is opened if an MP receives a prison sentence for an offence, is suspended from the Commons for 10 sitting days, or convicted of making a false allowance claim.

How does it work?

A recall petition is opened if an MP receives a prison sentence for an offence, is suspended from the Commons. Credit: PA

Under the legislation, a recall petition is opened if an MP receives a prison sentence for an offence, is suspended from the Commons for 10 sitting days, or convicted of making a false allowance claim.

Last month, Mr Paisley received a ban from Westminster of 30 sitting days for breaching parliamentary rules, which triggered the recall procedure.

Voters have six weeks from Wednesday August 8 to sign the petition that would trigger a by-election in the Northern Irish seat.

How many signatures are needed?

The petition must be signed by at least 10% of registered voters in the MP's constituency. Credit: PA

The petition remains open for six weeks and if at the end of that period it has been signed by at least 10% of the 75,478 registered voters in the constituency, the MP loses their seat and a by-election is triggered.

But it will take 7,543 voters to trigger the by-election after a few deceased voters were removed from the electoral register.

Opponents in Sinn Fein said they were confident they would get the signatures needed to force Paisley to resign his parliamentary seat.

Why are Mr Paisley's holidays so controversial?

Mr Paisley estimated the trips were worth £50,000 Credit: PA

The trips to Sri Lanka included included business-class air travel, accommodation at first-class hotels, helicopter trips and visits to tourist attractions for the MP's family worth an estimated £50,000.

In March 2014, he lobbied then-Prime Minister David Cameron against a proposed United Nations resolution to investigate alleged human rights abuses during a civil war on the Indian Ocean island without disclosing the trips.

In a statement to the Commons in July, Paisley apologised, saying his failure to register the trips was a “genuine mistake” and he had no “ulterior motive”.

Can recalled MPs stand for election again?

Mr Paisley has said he will do if he is recalled. Credit: PA

The recalled MP can stand again as a candidate – as Mr Paisley has said he will do if he is recalled.

After MPs voted to suspend him, he vowed to fight any by-election, saying: "I will not go quietly into the night."

Once the petition is open, individuals and and organisations can campaign for or against it.

Spending during the petition period is limited to £500 for non-registered campaigners and £10,000 for registered campaigners, including political parties.