Local Government (Disqualification) Bill

Debate between Jo Gideon and Paul Beresford

Report stage
Friday 14th January 2022 Commons Chamber

[Jo Gideon (Stoke-on-Trent Central) (Con)]

I rise to speak to the amendments all together. Before I came to this place, I was a councillor for many years, and I absolutely uphold the principles of the Bill and of the Nolan principles of conduct in public life. I also believe in redemption. I have dealt a lot with issues relating to county lines and there is nothing more powerful than seeing somebody who has been involved as a victim but who is none the less convicted because at a very young age they were involved in something over which they had very little choice. The thought that in later life that person might be disqualified from serving in public office is wrong, and it is my understanding that that would happen if we included these amendments. We need to reflect on the fact that people in public office need to have experience and sometimes that experience may be in areas where they need to advise people of their past mistakes. Safeguarding is a different issue and I absolutely support the Bill in that regard. As a result of that, I will not support the amendments if they come to a vote.

[Sir Paul Beresford (Mole Valley) (Con)]

I have known my hon. Friend the Member for Christchurch (Sir Christopher Chope), as he said, for some considerable time; we were both on a south London council. Although we are on the same side of the House, sometimes we agree and sometimes we do not. This afternoon, although I have sympathy with what he is plugging for, I do not think this is an appropriate Bill for what he is proposing. It is a Bill that is answering one small point, on which there has tremendous pressure, because there has been evidence of it and of the loophole being abused. As has been said, the loophole is child protection and the relationship with elected councillors. There has been wide consultation with local government before this Bill on the specific issue. The measures it contains are very deliberate and not retrospective. They are also de facto time-limited by the nature of the current legislation relating to the sex offenders list.

It would be fair to say that the new clauses came as a bit of a surprise, although I should have anticipated them because I have known my hon. Friend for some considerable time. I did ask him whether he would like to serve on the Committee, because I knew he would have issues to raise, but he declined to do so. These new clauses will have a draconian effect on local government. I am not a lawyer, but it seems to me that they will be retrospective all the way back to 1971 for drugs offences, to 1978 for drink-driving offences and to 2018 for social disorder offences. There is no time limit for this disqualification and no consideration given to the nature of the offence or the length of the conviction. This is a retrospective, one-strike-and-you-are-out proposal.

If the proposals were put to local government as they are on the Order Paper, I suspect the response would include the far from unreasonable request that such disqualification laws should be applied to Members of Parliament as well. I am sure my hon. Friend has no distant conviction, so there will be no difficulty for him, but if he has, I suspect he may not be alone. More to the point, I would strongly argue that any such purely hypothetical conviction from decades ago would have no bearing on his ability or that of any other hon. Member to discharge their duties in this place.

The same applies to most, if not almost all, of our hard-working colleagues in local government. When I looked at the amendments and new clauses, I had visions of some poor councillor who had the misfortune to be convicted in the late 1970s for a minor drink-driving offence when a student—I remember my life as a student; I got away with it—driving their battered Mini around the university campus. This person may have gone on to serve as a councillor or even as a mayor for decades, rendering great service to their community, but they would be disqualified at a stroke by the conviction many years ago, thereby forcing a by-election. It is worth mentioning a point that will have crossed the minds of some hon. Members. The inevitable and aggressive partisan trawling for past convictions to be used as a tool to unseat councillors will be particularly horrendous should these new clauses be accepted. Certainly, we will see minor, irrelevant incidents from the councillor’s past dredged up and used as weapons to force the resignation of people who have given huge amounts to their local community. That cannot be right on the basis of the brief discussion that we have had on these amendments today.