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Alistair Carmichael inquiry dropped, allowing MP to continue

Orkney and Shetland MP Alistair Carmichael.
Orkney and Shetland MP Alistair Carmichael.

Former Scottish secretary Alistair Carmichael’s future as northern isles MP is secure after the parliamentary standards commissioner abandoned an inquiry into his conduct.

Kathryn Hudson had been looking into his involvement in the leak of a memo which wrongly suggested Nicola Sturgeon wanted David Cameron to win last year’s general election.

But she has discontinued her investigation after concluding the allegations around his decision to authorise the disclosure fall outside her remit.

Mr Carmichael, who is Scotland’s only Liberal Democrat MP and survived a legal challenge to his election in court last year, welcomed the news.

He said: “I am pleased that this is now resolved and will continue to focus on getting on with my job as MP for Orkney and Shetland.”

The latest development means he can now try to draw a line under the episode and carry on representing his constituents for the next four years.

In her determination, Ms Hudson defended her decision to open an inquiry into claims Mr Carmichael breached MPs’ rules of conduct on the grounds at the time it was not clear whether the ministerial or House of Commons code applied.

She also said she did not know how the memo had come into the hands of Mr Carmichael’s special adviser Euan Roddin and when the leak was authorised, among other details.

And she pointed to the written complaint she had received as well as “a very large number” by phone and e-mail.

But she concluded: “Since Mr Carmichael did not receive the information in the course of his parliamentary activities, the allegations concerning his decision to authorise its disclosure fall outside my remit.

“I do not therefore make any criticism or indeed any other comment on Mr Carmichael’s conduct in this affair.”

She also pointed out the code does not apply during a period of dissolution, when the memo was released to a reporter, although noted this was a moot point in light of her finding.

Ms Hudson said she had written to the Committee on Standards to raise this among other issues that could be pertinent to her current review of the Commons code.

Had he been found in breach, the committee could have voted to suspend Mr Carmichael, which in turn could have ultimately prompted an attempt by constituents for him to be recalled from parliament.

In September, Ms Hudson received confirmation the Cabinet Office’s earlier inquiry had considered whether the ministerial code had been breached and imposed a sanction.

Mr Carmichael, who initially denied being aware of the document before accepting responsibility for the leak, forewent his ministerial severance pay.

In December, judges found he had told a “blatant lie” but not broken electoral law.

Mr Carmichael’s bid for legal expenses towards his £150,000 bill was rejected, however.