Local Government (Disqualification) Bill

Baroness Winterton of Doncaster Excerpts

Report stage
Friday 14th January 2022 Commons Chamber

Consideration of Bill, not amended in the Public Bill Committee

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call Sir Christopher Chope, it may be useful to Members if I set out the differences between Report and Third Reading.

Report is also known as “consideration”, and provides an opportunity for the whole House to consider what has been done in Committee. Members may table amendments either as probing amendments to elicit more information, or because they want to make changes to the Bill. The scope of the debate is restricted to the amendments that have been tabled. Third Reading provides the final opportunities for Members to pass or reject the whole Bill; Members can speak about the Bill as a whole, and the debate is much wider. Members may wish to consider that, and then decide at which stage they want to try to catch my eye.

New Clause 1

Members of local authorities: disqualification relating to drink and drug driving offences (England)

“In the Local Government Act 1972, after section 81 insert—

“81A Disqualification relating to drink and drug driving offences etc (England)

(1) A person is disqualified for being elected or being a member of a local authority in England if the person is subject to—

(a) a conviction for driving or being in charge with alcohol concentration above prescribed limit contrary to section 5 of the Road Traffic Act 1988;

(b) a conviction for driving or being in charge with concentration of specified controlled drug above specified limit contrary to section 5A of the Road Traffic Act 1988.

(2) For the purposes of subsection (1) a person shall not be regarded as having a conviction until—

(a) the expiry of the ordinary period allowed for making an appeal against the conviction, or

(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.””—(Sir Christopher Chope.)

Brought up, and read the First time.

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Members of local authorities: disqualification relating to controlled

drugs offences (England)—

“In the Local Government Act 1972, after section 81 insert—

“81A Disqualification relating to controlled drugs offences etc (England)

(1) A person is disqualified for being elected or being a member of a local authority in England if the person is subject to a conviction relating to controlled drugs contrary to the Misuse of Drugs Act 1971.

(2) For the purposes of subsection (1) a person shall not be regarded as having a conviction until—

(a) the expiry of the ordinary period allowed for making an appeal against the conviction, or

(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.””

New clause 3—Members of local authorities: disqualification relating to anti-social behaviour sanctions issued by the Court (England)—

“In the Local Government Act 1972, after section 81 insert—

“81A Disqualification relating to anti-social behaviour sanctions

(1) A person is disqualified for being elected or being a member of a local authority in England if the person is subject to a civil injunction made under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.

(2) For the purposes of subsection (1) a person shall not be regarded as being disqualified until—

(a) the expiry of the ordinary period allowed for making an appeal against the civil injunction, or

(b) if such an appeal is made the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.””

This new clause would disqualify persons subject to an anti-social behaviour injunction from serving in local government in England, as consulted on by the Government in 2017.

Amendment 1, in clause 1, page 1, line 6, after “authority” insert “(except a parish council)”.

This amendment excludes parish councils from the provisions of Clause 1.

Amendment 2, page 2, leave out line 2.

This amendment (and Amendment 3) remove being subject to a sexual risk order from the list of reasons for disqualification from serving in local government in England, as consulted on by the Government in 2017.

Amendment 3, page 2, leave out lines 7 and 8.

See explanatory statement for Amendment 2.

Amendment 4, page 2, leave out lines 42 to 48.

This amendment is consequential on Amendment 1.

[Sir Christopher Chope]

This is an important Bill, and I think everyone supports it in principle, because it is designed to ensure that those in local government who fall short of the behaviour expected of them in a civilised society are disqualified from being able to participate in local government. My problem with the Bill at the moment is that it is very selective. It deals only with sexual offences, and does not extend to other offences which I think are equally important, particularly in the context of local councillors who have responsibility for road safety, for example, and also for social services and dealing with the scourge of illegal drug taking.

New clause 1 contains the first such addition that I want to make. It accords very much with the strategy of the Bill, which was set out by the current Chancellor of the Exchequer when he was the Minister for local government. In his ministerial foreword to the response to the consultation on updating the disqualification criteria for councillors and mayors, published in October 2018, he wrote:

“The Government considers there should be consequences where councillors, mayors and London Assembly members fall short of the behaviour expected in an inclusive and tolerant society… Elected members play a crucial role in town halls across the country, and are the foundations of local democracy. They are community champions, and have a leading role to play in building a better society for everyone.”

My view, reflected in new clause 1, is that councillors who fall below the standards expected in relation to drink and drug driving offences should be included in the category of those who are disqualified from being able to serve as councillors and mayors. I think that they fall four-square within the Government’s definition of having been convicted of behaviour which everyone in a right-minded society would say was intolerable. Why should people who are in that position be allowed to continue as councillors while other councillors who have been convicted of a different set of antisocial offences are excluded? That is the essence of new clause 1. If someone is convicted of driving or being in charge of a motor vehicle with excess alcohol or a controlled drug, they should not be able to hold office as an elected councillor in this country.