Local Government (Disqualification) Bill

Debate between Kemi Badenoch and Christopher Chope

Report stage
Friday 14th January 2022 Commons Chamber

[The Minister for Equalities (Kemi Badenoch)]

I thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for taking the time to engage with the legislation. I know that he is keen to ensure that Ministers have thought things through, and I am impressed that he has actually gone through the consultation document from 2018. I disagree with his amendments and I hope that I can convince him from the Dispatch Box that we are doing the right thing. I also wish to put it on record that I disagree with the rather unpleasant accusation that the hon. Member for Luton North (Sarah Owen) made from the Labour Front Bench.

New clauses 1 and 2 would have the effect of creating a new form of permanent disqualification criteria for individuals convicted of a narrow group of offences under section 5 or section 5A of the Road Traffic Act 1988 or offences under the Misuse of Drugs Act 1971. There are a number of reasons why the Government are resisting these new clauses. The first is the fact that they propose that the disqualification would be permanent. As my hon. Friend the Member for Mole Valley (Sir Paul Beresford) has said, this runs counter to the principle and expectation that underpins our justice system that offenders serve their time and are then rehabilitated into society. It would have the effect of creating a permanent bar to individuals contributing to public life in their local communities for this limited category of offences. So, singling out this narrow group of drink and drug offences for permanent disqualification is disproportionate.

Secondly, the Bill legislates to capture not only local councillors but mayors and London Assembly members. However, my hon. Friend’s new clauses apply only to local councillors. Thirdly, serious drink or drug-driving offences are already covered by the existing local government disqualification criteria, which bars anyone from standing or holding public office in local government for five years if they have had a custodial sentence of three months or more.

Amendments that create new, punitive measures to permanently disqualify those receiving a conviction for certain limited drink or drug-driving offences or controlled drug offences are really not the purpose of the Bill. The Bill specifically seeks to update disqualification criteria in line with modern sentencing measures available for registered sex offenders. As my hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) said, these amendments would permanently bar, for example, an individual from standing for local office if, perhaps, at 18 they had had a glass of wine too many and were convicted of being slightly over the limit. Forty years later, they would still be unable to stand, which is a bit draconian.

The Bill is appropriately comprehensive, as it catches all those individuals subject to notification requirements for sexual offences but not subject to custodial sentences. The core purpose of this legislation is to prevent those convicted of sexual offences from having a role as a local elected official that could include access to children and vulnerable adults, and the length of their disqualification would be the length of time that they are subject to the notification requirement.

We also resist new clause 3. My hon. Friend the Member for Christchurch has identified that we did consult on disqualifying individuals who had been issued with antisocial behaviour injunctions in 2017, and the original consultation was focused in scope. This Bill does not include civil injunctions, on the basis that they represent only a partial selection of the injunctions and behaviour orders available to the courts. The Government support this Bill because, as I said earlier, we are legislating comprehensively to disqualify individuals convicted of sexual offences from local office. This Bill responds to calls for changes to the law to disqualify sex offenders who are not given a custodial sentence but refuse to stand down, so we want to bring the disqualification criteria for councillors in line with the modern sentencing practice. The current criteria require updating to reflect changes to the law: the courts have tools that they did not have previously, and the disqualification criteria must reflect that.

My hon. Friend the Member for Christchurch mentioned my right hon. Friend the Chancellor of the Exchequer. New clause 3 may have been supported by the Chancellor in his foreword when he was serving in this role, but he is not the Bill Minister—I am—and I believe that Bills such as this should be specific, targeted and focused. This private Member’s Bill focuses on addressing those concerns raised by specific cases where councillors made subject to the notification requirements for registered sex offenders did not resign. Those cases highlighted the fact that those registered sex offenders pose great concern to our communities.

I will now move on to amendments 1, 2, 3 and 4, which all amend clause 1, and which we resist for the following reasons. Amendments 1 and 4 would selectively remove parish councils from the list of local authorities subject to the new disqualification criteria. This would be a significant and troubling reduction of the purpose, intent, and comprehensiveness of the Bill. Parish councils are already subject to the existing disqualification criteria, and rightly so, as there are 10,000 parish councils and approximately 100,000 parish councillors in England. It is vital that the large number of individuals who hold this important position—the grassroots of our democracy—are also subject to the new disqualification criteria introduced by the Bill. People must be given confidence that the individuals they elect to represent them at all tiers of local government are of good character and beyond reproach.

Amendments 2 and 3 would exclude sexual risk orders from the updated disqualification criteria for members of local authorities in England. As my hon. Friend the Member for Christchurch has helpfully pointed out, the Government did consult on the inclusion of sexual risk orders in 2017, and we committed to legislate to disqualify persons subject to such orders from holding local office. Individuals are subject to sexual risk orders because they are found by a court to pose a serious risk of harm to the public in the UK and/or children and vulnerable adults abroad. When issuing a sexual risk order, the court needs to be satisfied that the order is necessary to protect the public, or children and vulnerable adults, from sexual harm, and the Government believe it is right that anyone subject to a sexual risk order should be barred from standing for election or holding office as a member of a local authority.

My hon. Friend asked why we changed our mind—why this Bill covers more than the sex offenders register. I should clarify that the 2017 consultation responses regarding the matter of sexual risk orders were mixed: some 39% of respondents were in favour of prohibition, and 45% were against. However, my hon. Friend is not correct to say that the Government have changed their mind regarding the inclusion of sexual risk orders in this Bill. In our response to the consultation, we stated that having considered the responses we received, the Government believe that where an individual is subject to a sexual risk order, they should be prohibited from standing for election. This Bill delivers on that commitment.

My hon. Friend also asked about enforcement—how local authorities will know that a councillor is on the register or has received an order for a sexual offence. A candidate must declare anything that might disqualify them from standing for, or holding, local office. Not doing so is a criminal offence, and this Bill will update those disqualification criteria and therefore ensure they are captured by this requirement.

[Sir Christopher Chope]

Does that provision apply to people who stand as police and crime commissioners but already have a conviction that should have disqualified them? Does it mean that the gentleman who was elected in Wiltshire as a police and crime commissioner is now the subject of criminal proceedings?

[Kemi Badenoch]

This is not retrospective, so it will apply from now onwards. I hope that is helpful.

I hope I have been able to convince my hon. Friend not to press his amendments. They are not trivial, but this Bill is not the right place for them.

[Sir Christopher Chope]

This has been a useful debate. When we hear from the Minister that the Bill will apply to 100,000 councillors, one can see that this is an issue of significance. As always, she delivered a charming and, dare I say, almost seductive response. She referred to the importance of having people in local government who are of good character and beyond reproach. All three of my new clauses are designed to build on that.

As has happened over many years, the Government have managed to find a technical defect in my new clauses that does not alter their substance but makes the Government able to say that they do not agree with them. My new clauses, if they were accepted, would be subject to the transitional provisions set out in clause 5. For drafting purposes, I did not go into a lot of detail, but the essence is that there should be transitional arrangements so that the new clauses would not disqualify people who were convicted before the Bill became law.

The intention of these new clauses is that they should fit into a Bill that already ensures there is no retrospective provision. That technically affects all the new clauses, as my hon. Friend the Member for Mole Valley (Sir Paul Beresford) said, but the substance is whether the Government believe that somebody who has committed an offence under the Misuse of Drugs Act should or should not be disqualified from serving as a councillor, bearing in mind the importance given to the “From harm to hope” White Paper and bearing in mind recreational drug use.

We are even told that recreational drug use may be taking place within the Palace of Westminster. What a bad example that would be, as it would be if recreational drugs were being used in our town halls up and down the country, when the Government and, I think, the people are committed to trying to eliminate the scourge of illegal drug use and all the harm that comes from it. If we are serious about cutting crime and saving lives through the “From harm to hope” White Paper, do the Government intend to include consequences in legislation for those who are convicted?

[Kemi Badenoch]

My hon. Friend raises an interesting point. I am not a Home Office Minister, so I cannot speak to that Department’s policy. He might find it interesting that the Government have an outstanding response to the Committee on Standards in Public Life on the very things he is talking about in relation to local government and local councillors, and that might be a better place for us to address these points. We are thinking about these issues, but perhaps not in the fora he expects.

[Sir Christopher Chope]

That was a helpful and constructive contribution. I look forward to seeing the Government’s response in due course, but I am delighted to hear that they are working on the issue.

I do not know whether I should disclose this, but I recall sitting in the Members’ Lobby with my hon. Friend the Member for Mole Valley and discussing whether or not I would go on to the Committee, because he was desperate for someone to do so. I said that I would be happy to go on to the Committee, but in the end I was not selected to do so. That is an issue between us, but as it seems to be the subject of a point, I thought I should correct the record.