Margaret Ferrier will face no further action from the Metropolitan Police for travelling from London to Scotland after testing positive for coronavirus.
The MP, who was suspended from the SNP and was urged to resign by Nicola Sturgeon, reported herself to authorities after failing to self-isolate.
In a statement on their investigation, the Metropolitan Police said detectives investigated her account of taking a train between London and Glasgow having tested positive.
The force said: “Detectives tested the MP’s account including obtaining and reviewing CCTV and undertaking inquiries to establish the dates of the tests, results and travel arrangements.
“Officers considered possible offences including those under Reg 11(2) of the Health Protection Regulations 2020 which relates to self-isolation requirement.
“However, on detailed examination of this new legislation, and following legal advice, it was concluded that this regulation is applicable only after the 28th September 2020.
“In this case the test occurred prior to the 29th September 2020 and therefore the regulation does not apply.”
The force said it is taking no further action but has referred the matter to Police Scotland for consideration.
Police Scotland tweeted: “We are aware of the decision by @metpoliceuk.
“We will now assess the circumstances and consult with the Crown Office and Procurator Fiscal Service before taking a decision on next steps.”
Margaret Ferrier MP update: We are aware of the decision by @metpoliceuk. We will now assess the circumstances and consult with the Crown Office and Procurator Fiscal Service before taking a decision on next steps.
— Police Scotland (@policescotland) October 15, 2020
Ms Ferrier initially travelled to London having experienced symptoms of Covid-19. She took a test and made the journey while awaiting the results.
Earlier this week, Nicola Sturgeon said of the Rutherglen and Hamilton West MP’s actions: “What she did was not defensible because it potentially put people at risk and was a clear and flagrant breach of the rules.
“So she had the whip removed and she was suspended from the SNP, there is a process now – political parties have to comply with due process – that process will be gone through.
“And I think she should resign from the House of Commons but I don’t have the power to force her to do that.”
Ms Ferrier has previously said the infection caused her to act “out of character” and she has no intention of standing down as an MP.
The Rutherglen and Hamilton West MP said the party initially told her to post the statement on social media but informed her the whip was being removed during a second conference call the same day.
She told The Scottish Sun: “It was because the statement went out and it escalated.
“They pushed me to make a self-referral to the standards commissioner straight away.
“I was intending to refer myself anyway. You can imagine how sad and angry I was.
“I felt I was being hung out to dry.”
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