Nigel Farage has retained his seat in Clacton-on-Sea after beating Count Binface in a by-election triggered in the wake of a series of financial scandals – but he could he face a second by-election if an investigation by the parliamentary standards commissioner doesn’t go his way.
Before quitting Westminster, Mr Farage was being investigated by the parliamentary standards commissioner Daniel Greenberg over a £5m gift from cryptocurrency tycoon Christopher Harborne, which he received before taking his seat in the Commons.
Under Commons rules, new MPs are required to register any gifts worth more than £300 they received in the previous 12 months, except where the gift “could not be reasonably thought by others” to relate to their political activities.
While Mr Harborne has donated more than £25m to Reform UK in total, Mr Farage has repeatedly said that he was not required to register the £5m “gift” because it was purely personal.
He has given different explanations for the £5m sum, including claims it was for non-political purposes, to pay for his safety and security and later a “reward for campaigning for Brexit for 27 years”.
Parliamentary rules say any potentially “relevant interests” should be declared from the 12 months before becoming an MP.
That investigation was paused when Mr Farage resigned his seat but has now been reopened since he was reelected as an MP.
With Parliament not due to return from its summer recess until next month, the timings of the investigation are not yet clear. MPs under investigation typically have to respond to written questions from the commissioner, and can be asked to attend a formal interview.
Mr Farage’s decision to call a by-election before the standards committee’s verdict was part of an attempt to take the heat out of any sanctions, and to consolidate his own support in the face of growing criticism.
However, a second by-election could still be triggered if the investigation concludes with a suspension of more than 10 days for Mr Farage. For context, Boris Johnson faced a recommended 90-day suspension from the House of Commons in June 2023 by the Privileges Committee for deliberately misleading Parliament over Partygate.
A suspension of more than 10 days would trigger a recall petition in Mr Farage’s Clacton constituency. If this is signed by at least 10 per cent of the electorate in Clacton, a second by-election would be called.
It is not guaranteed, however, that 10 per cent of the electorate would sign the recall petition. Despite allegations over Mr Farage’s finances, he remains popular in the constituency. There is also a chance that after voting in one by-election already, voters could fail to turn out to back the petition.
However, Count Binface’s popularity in Clacton – securing nearly 10,000 votes – also suggests there is a significant appetite to protest against Mr Farage in the constituency, which could prove difficult for the Reform leader as he seeks to avoid a second poll.