Councillors: Publication of Addresses

Baroness Scott of Bybrook Excerpts

Wednesday 8th May 2024 Lords Chamber

[Lord Young of Cookham (Con)]

In the absence of my noble friend Lady Eaton and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, Local Government Minister Simon Hoare MP wrote to all local authorities last month to remind them that the Localism Act’s “sensitive interests” provision enables councillors to request that their home addresses be withheld from publication and to urge that such requests be accommodated. Primary legislation would be needed to make provision that home addresses should not be included in published copies of the register of interests, and the Government will consider this if and when a legislative opportunity occurs.

[Lord Young of Cookham (Con)]

I am grateful to my noble friend. Does she agree that those who stand for elected office should be protected from those who wish them or their families harm? That is why MPs and local councillors can withhold their addresses from ballot papers. However, councillors have no such right to withhold their addresses from the register of interests, despite the Committee on Standards in Public Life recommending that

“a councillor does not need to register their home address on an authority’s register”.

Councillors remain open to the discretion of the monitoring officer. Should we not bring the law for the councillors’ register into line with that for the ballot paper and, indeed, with that for Members of Parliament?

[Baroness Scott of Bybrook (Con)]

My noble friend is right that the safety of our elective representatives is essential to the security of this country. Protecting our democratic values and our processes for democracy is one of the most important duties that government has. Any councillors with concerns about the publication of their home addresses on published versions of the register of interests can and should use the “sensitive interests” provision at Section 32 of the Localism Act 2011. Minister Hoare has recently reiterated this to those responsible in local authorities in his recent letter.

[Lord Rennard (LD)]

My Lords, according to the Local Government Association’s recent survey, 70% of local councillors reported experiencing abuse or intimidation. Aggressive behaviour which goes well beyond courteous debate deters people from public service, weakens democracy and is damaging to the families of those who seek to serve others. Will the Minister write to all local authorities urging them to take up the Local Government Association’s Debate Not Hate campaign? Will she seek to widen the scope of the defending democracy programme run by the National Protective Security Authority explicitly to include the safety, security and well-being of locally elected politicians, rather than focusing solely on national politicians and foreign interference?

[Baroness Scott of Bybrook (Con)]

I will certainly take that back to the department. Anything more that we can do to protect democracy, particularly in local elections, we will do—I will make sure that I do that myself. On 28 February, the Prime Minister announced that he was putting an additional £31 million over the next year into strengthening security not just for MPs but for all locally elected representatives. He has been working with the police on this issue as well. It is important to know that we are doing something to protect all our elected representatives, but we can always do more.

[Baroness Ramsey of Wall Heath (Lab)]

My Lords, I was a member of the Committee on Standards in Public Life when the report on local government ethical standards was published in January 2019. We took evidence from many councillors of all parties about the intimidation they received, including at home because their home addresses were in the public domain. They felt particularly unsafe when online threats were being made. The Government did not respond to the committee’s recommendations until 2022, when they agreed with the principle behind them and the statutory amendments which the committee proposed. They said that this was the right route to take and promised that they would engage with interested parties on the best means of ensuring that councillors and candidates were not required to publish their addresses. It is a shame that it has taken so long. Do the Government intend to publish their response?

[Baroness Scott of Bybrook (Con)]

My Lords, we have already enacted one of the recommendations from the Committee on Standards in Public Life, about candidates, but, as I said before, the issue of local councillors is more difficult, as we need primary legislation to change that. We are keeping our eye on when we can do it.

[Lord Hayward (Con)]

My Lords, I am pleased that my noble friend referred to democracy in general. Although we are here specifically discussing local councillors, is it not worth bearing in mind that, for example, Members of the House of Lords and other people in the public eye have faced threats? When discussing this with other government departments, we need to bear in mind the loneliness of families who are living in identifiable locations—their home addresses and the like—when their relatives or spouses are away in this or other places.

[Baroness Scott of Bybrook (Con)]

As far as families are concerned, my noble friend is absolutely right. That is why they are mentioned under the “sensitive interests” provision and protected in the same way as councillors. As far as the House of Lords and Peers are concerned, I will take that back to the relevant House officials.

[Lord Reid of Cardowan (Lab)]

My Lords, the Minister was kind enough to say that this was such an important issue that “Anything … we can do … we will do”. May I make a simple suggestion? At present, the protection afforded under law requires councillors to opt in. They have actively to seek out the right not to have their addresses shown. Could the Government make it an opt-out system by creating an obligation under statute that councillors’ home addresses will not be published unless they specifically request that this be done?

[Baroness Scott of Bybrook (Con)]

This is exactly what the Government have said they will look to do as soon as they get legislative time. At the moment, it is better that we have an opt-in, or is it an opt-out? I cannot remember which way it is; noble Lords will know what I mean. It is important to have this while we are waiting for that further legislation.

[Lord Naseby (Con)]

My Lords, if we go back to the 1960s, when I stood for election in the London Borough of Islington and was the first ever Conservative leader in that borough, there were—from memory—two people standing as councillors on phantom home addresses. As far as I am concerned, there must be some managed means of ensuring that anybody standing for a local authority is actually living within that local authority area.

[Baroness Scott of Bybrook (Con)]

I do not think it is a requirement to live in that local authority area necessarily, but it is important that anything on the register is correct. Obviously, there are ways of looking into that. The other interesting thing is that you can opt in or opt out. Some people like to opt in—they really want their names to be there—and therefore any legislation needs to give the opportunity for councillors or any other elected members to do that.

[Lord Khan of Burnley (Lab)]

My Lords, in recent months, many local and national politicians, including me, have been subject to behaviour from a minority of the public which goes beyond what is reasonable and acceptable, including putting people’s homes on social media, throwing fireworks through letterboxes, and horrendous abuse being given out on the doorstep. Keeping our politicians safe and feeling safe is vital not only for its own purpose but to stop others being put off from dedicating their lives to public service. What broader steps are the Government taking to ensure that this building pattern of intimidation is halted and reversed before it becomes an accepted norm against councillors, MPs and Members of this House?

[Baroness Scott of Bybrook (Con)]

The noble Lord is absolutely right. We cannot have intimidation stopping people wanting to be elected to represent their communities at whatever level—it is important even at parish council level. What more can we do? We can look for legislative time to change it, but, in the meantime, we are doing everything we can. We have put in £31 million more this year to bolster security for elected members and, as I say, if you are a local councillor, there is always an opportunity to go to your monitoring officer and ask for your home address to be taken off if you are worried about it or worried about your family.