Local Government (Disqualification) Bill

(Limited Text - Ministerial Extracts only)

2nd reading
Friday 4th March 2022 Lords Chamber

[The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)]

I thank noble Lords, in particular my noble friend Lord Udny-Lister, for sponsoring this Private Member’s Bill. I also congratulate the honourable Member for Mole Valley, Sir Paul Beresford, for all the work he has done to progress this Bill through the other place. The two of them share one thing in common: they were both leaders of Wandsworth, which is known, by them at least, as “the brighter borough”. I served for 20 years in Hammersmith and Fulham, and learned an awful lot from them and from what they achieved for their local residents. My noble friend has an unrivalled record, certainly when I compare it to mine. As he said in his speech, he served as a councillor for 35 years, with great distinction, and—I do not know how he survived it—19 years as leader of a London borough. That requires some survival instinct; it is quite incredible. Beyond that, he served five years in City Hall, along with the then mayor, Mayor Johnson, before completing the pyramid with two years in Downing Street. It is great that this Bill is sponsored by my noble friend, whom I very much consider a mentor.

The Government support the Bill for three main reasons. First, preventing registered sex offenders from either standing or serving as councillors, mayors or London Assembly members will strengthen communities’ faith and confidence in their elected representatives. Secondly, the Bill delivers on the Government’s stated commitment to bring local government disqualification into line with modern sentencing practice for sexual offences. Thirdly, the electorate has a right to expect that the people who stand and serve to represent them and their local communities are of good character.

The current disqualification criteria for local government candidates and councillors will automatically disqualify anyone for five years if they are convicted of a custodial sentence of three months or more, suspended or not. This rule dates back to the Local Government Act 1972. However, while the existing law is still effective in addressing serious cases of criminal behaviour, it does not take account of the non-custodial sentences the courts now issue for certain categories of sexual offences. This means that some individuals who are convicted and who ought to be disqualified do not meet the current threshold and can therefore slip through the net.

Noble Lords have indicated that they agree with me and the Government that it is quite intolerable that people deemed by the courts to pose a risk to children and vulnerable adults are not barred from serving as members of local authorities. The Bill rights that wrong by updating the law to ensure that only fit and proper persons can stand or serve as locally elected officials. We know, of course, that the vast majority of local authority members serving their communities are of good character, worthy of trust and beyond reproach. But, with some 120,000 councillors in England, there have inevitably been cases in which the behaviour of elected officials has fallen well below the standards the public expect and deserve.

[Lord Campbell-Savours (Lab)]

The noble Lord, Lord Hayward, referred to two excluded categories. Why were they excluded, as this is probably an off-the-shelf Bill?

[Lord Greenhalgh (Con)]

I was going to come to that; I was not going to finish my speech without addressing that point, but I will bring it forward a paragraph or two. The answer to why this does not apply to MPs, as was raised by my noble friend Lord Hayward, or to PCCs, as was raised by the noble Baroness, Lady Goudie, is that standards and conduct for MPs and PCCs are governed under separate regimes, with their own mechanisms to disqualify or sanction unacceptable behaviour. There is currently the power to recall a MP, under certain circumstances, if at least 10% of the constituency electorate signs a petition. I take the general point: this Bill tidies up this issue, but there is another regime in place. I think my noble friend alluded to that point.

I had better resume from where I was. We know that the vast majority of local authority members serving their communities are of good character, worthy of trust and beyond reproach. That is one of the reasons why, in 2018, the Government responded to a consultation to update the local government criteria with a commitment to legislate on this matter. This was, in part, in response to an infamous case in which a parish councillor, shortly after being elected, was convicted of possessing indecent images of children. He was placed on the sex offender register but not given a custodial sentence. Despite repeated calls for him to resign, he refused to stand down and actually remained a parish councillor for the full term. The law as it stands allowed him to continue to do so, but this Bill would prevent such circumstances occurring again.

These new disqualification criteria will protect our communities by barring such individuals from holding office while they remain subject to the notification requirements for sexual offences or subject to a sexual risk order. Where offenders pose such a severe risk to the public that they are subject to indefinite notification requirements, communities can feel safe in the knowledge that such individuals will remain disqualified from elected office for the entire duration.

On its remit with regard to the devolved Administrations, I should state that the Bill applies to England only, as much of local government is devolved. The Scottish Parliament can make corresponding provision and the Welsh Government legislated on this matter last year. That said, since the UK Government retain the responsibility for elections in Northern Ireland, we will work with the Northern Ireland Executive to extend these measures there too, with a comprehensive package addressing the rules that govern both candidates and sitting councillors.

The Government strongly believe that there should be severe penalties for locally elected councillors who break the bonds of trust that hold local democracy together. This Bill puts that principle into practice, while ensuring that local government can continue to command people’s faith and trust, both now and in future. The Government are therefore delighted to support the Bill.