Public Office Disqualification: Terrorism Offences Debate
Full Debate: Read Full DebateSorcha Eastwood
Main Page: Sorcha Eastwood (Alliance - Lagan Valley)Department Debates - View all Sorcha Eastwood's debates with the Ministry of Housing, Communities and Local Government
(1 month ago)
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It is a pleasure to serve under your chairmanship, Dr Allin-Khan. I add my congratulations to my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) on the way in which he introduced this complex debate.
Let me start by addressing the issue that prompted the petition that we are debating. Many of us will have heard of Councillor Robert Alden, the leader of the Conservative group in Birmingham, who called on voters to “help keep extremists out” of Birmingham city council. We have heard examples from a number of different parties of how, in response to a high-profile individual with a very serious conviction, there was a sense across the political system in that city that they would not welcome division into their local politics. Although some in the ward voted for that individual, the community exercised what I think most of us would respect as being good judgment.
That leads to the broader question of how, particularly in local elections where turnout can be extremely low—sometimes as low as 20% at ward level—and in complicated politics with sometimes five or more political parties and a number of independent candidates, we ensure that people who wish to bring extremism into politics do not use those types of elections to leverage public office to pursue extremist aims.
My hon. Friend the Member for Keighley and Ilkley (Robbie Moore) represents a community that has had to face and deal with some tensions, and he has led the response to that extremely effectively. He set out in his clear contribution that we need to ensure that in our politics and democracy—how we come together to collectively make the best decisions to support our communities and national interest—we do not see people seeking to leverage political office to create division.
This debate comes at a time when there is a bigger picture when it comes to those seeking to import disputes from other parts of the world into our politics. All of us, as constituency MPs, deal with that on a daily basis. Sometimes there are heartfelt requests for the intervention of the British state. I recently met constituents who wanted to talk to me about access to reservoirs and water in Sri Lanka. They felt that people in their country would respect the intervention of the British Government and that it would produce a positive impact on something directly affecting the lives of their friends, family and relations in a community with which they, like Britain, have a strong connection.
However, there are also those who seek to use British politics as a means of pursuing conflict and division, and clearly we do not welcome that. In considering cases like that of Shahid Butt, we know that Yemen is a country beset by terrible conflict and violence that have cost the lives of many thousands of innocent people. We do not want that conflict to be pursued either in Birmingham city council’s town hall or in any other part of our politics.
The challenge for the Government, who currently hold the responsibility to address this issue, is how we strike the right balance when seeking to draw boundaries around who is eligible for public office in our country. We are a country that respects and cherishes freedom of speech, and we support the right to the freedom of religion and belief. We believe, and it is enshrined in our rules, that there should be a path to redemption and reconciliation for people who break the law or the norms of our society. However, as politics becomes an increasingly contested space, we need to ensure that we balance those principles with preserving the integrity of our politics.
People could seek local office not to benefit the wider community but because they want a decision to be made in favour of a planning application, a grant from the council or the sale of a piece of land to the benefit of them and their associates. People could also seek election to this Parliament to try to change the policy of the British Government in respect of interventions in conflict, wars and disputes in other countries. None of those things is about the longer-term interests of the British people.
Given the rising tide of antisemitism, which most of us will have heard about from our constituents—the Maccabi football team case in Birmingham was a classic example—we need to ensure that our governance and local ethics are free from the taint of extremism, wherever it may be found. The official Opposition support the Government in seeking to take forward their policies on this area.
I reflect on what the hon. and learned Member for North Antrim (Jim Allister) set out in respect of the complex history of Northern Ireland. It must be difficult for members of that community to find themselves face to face with people who are not only terrorists but may have been involved in the murder or harm of their own relatives. I have personally heard about that from Northern Ireland politicians. They have told me what it is like to sit in a council chamber knowing that somebody there was directly involved in the killing of someone very close to them, and trying to work out how to put that dispute behind them and move forward in the interests of the community, while not disrespecting the memory of those they loved.
Sorcha Eastwood (Lagan Valley) (Alliance)
I would add that this is not complex, in so far as terrorism is always wrong. All communities in Northern Ireland knew and understood that throughout the troubles. When it comes to the wholesale rewriting of history, our job now, through the Representation of the People Bill, which we are taking through Parliament, and the debate on the petition today, is to ensure that those who continue to endorse and glorify terrorism are dealt with.
The hon. Member has set out clearly, and I think boosted, the point about the complexity. She is absolutely right that we should not have a situation where someone feels that their election to office overrides their obligation to the basic good conduct and due process we expect of all politicians—the basic respect for human rights, the lives of other people and everything that makes this country strong.
We need to make sure—I am sure the Minister will—that the Government reflect on the long-term lessons from Northern Ireland. This is not just about what Shahid Butt may have done in Yemen in 1999; it is about our experience as a country of terrorism influencing our politics and our communities, and about making sure those lessons are taken into account, so that we can be better protected for the future.
The Opposition will support the Government in seeking to bring forward whatever policy changes are necessary, and some suggestions have been made in the debate about what those might look like. That could include a test specifically around convictions for terrorism or around crimes of violence that would impact on the suitability of someone for public office. It could include how we work with other countries to ensure that convictions abroad are captured through the nominations process, so that we know what people may have been convicted of and are able to make an effective appraisal of the soundness of that conviction—recognising that a conviction in Russia or China may not carry the same weight in the view of our politics as a conviction in France, Germany or Ireland.
We pledge to work with the Government to seek to address this issue and make sure that all of our communities, for the long-term future, can have total confidence in the integrity of our political system.
As I set out to Members at the beginning of my contribution, the now Defence Secretary has said that the defending democracy taskforce is keeping this under review.
I will now discuss the disqualification framework and set out the current position. In England, a person is disqualified from being elected to, or being a member of, a local authority if they have been convicted of an offence and sentenced to imprisonment for three months or more, including a suspended sentence, within the previous five years. Candidates are required to declare that they are not disqualified when they submit nomination papers, and making a false statement is a criminal offence. Where eligibility is disputed, that is a matter for the courts. That would be particularly true where the issues may involve historic convictions or offences committed overseas. Clearly, returning officers cannot make subjective judgments over the suitability of eligible candidates.
The phrase “standing for public office” covers a wide range of roles, each with different responsibilities and existing disqualification rules. Changing those rules would mean carefully considering whether the same approach should apply to not just councillors, but mayors, police and crime commissioners, and Members of Parliament and devolved Governments. Any exclusion such as that proposed must be principled, proportionate and legally robust. A lifetime or indefinite ban is the most serious restriction. If Parliament chooses to create such a bar, it must be precise about who it captures and why it is necessary, and safeguard against unfair or unintended consequences that prevent citizens from engaging in our democracy.
Let me turn briefly to the counter-terrorism framework. The threat from terrorism is always evolving, which is why we always keep our broader counter-terrorism framework under review and ensure that our operational partners have the tools they need to mitigate risk to the public. Independent of disqualification from elected office, the UK has one of the strongest counter-terrorism frameworks in the world. That includes a range of specialist counter-terrorism powers that support detection and disruption of terrorist risk, as well as a robust toolkit for managing terrorist offenders upon release. That is supported through the independent scrutiny provided by the independent reviewer of terrorism legislation.
Electoral law determines who may stand for office; counter-terrorism law exists to provide the police and other operational partners with a toolkit to disrupt, investigate and prosecute terrorism-related activity. Alongside both, the Government are taking action to strengthen our democracy and electoral integrity, and to protect those who participate in our democracy—I just came from the statement that the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for Chester North and Neston (Samantha Dixon), whose was responsible for the Representation of the People Bill, gave in the Commons Chamber.
Harassment and intimidation of voters, electoral staff and campaigners, both online and in person, are totally unacceptable and have a profoundly detrimental impact on our democratic process. Impersonation and fraudulent nominations reduce the trust integral to democracy. That is why this Government have introduced the Representation of the People Bill to take decisive action to secure our elections against those who threaten them, to protect those who participate, to ensure that our democracy remains open and accessible to legitimate voters, and to strengthen and preserve our democracy for the next generation.
Requiring candidates to submit ID and sign a declaration to confirm that they understand the legal consequences of providing false information will strengthen public confidence without creating unnecessary barriers to standing. The Bill will empower courts to give tougher sentences to those who abuse candidates, campaigners, elected representatives and electoral staff. The measures will be supported by working with the Electoral Commission and the Speaker’s Conference to develop an updated code of conduct for campaigning and improved safety for returning officers and candidates.
From the moment a candidate puts themselves forward and asks the public to place trust in them, they are subject to public scrutiny. Disqualification rules decide whether someone is legally allowed to stand for election; they do not decide whether that person has the character, judgment or conduct to serve—that is for the public to decide at the ballot box. Once elected, Members are expected to uphold codes of conduct based on the seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership, which are the foundations of trust in public life.
Sorcha Eastwood
I want to pick up on the Minister’s point that it is for the electorate to decide. In the case of Northern Ireland, we made the decision—it was a bitter pill—to allow people who were terrorists to get out of jail early as part of a wider peace process. Where some of those people have gone on to attain elected office, which is their right, we have seen a rewriting of history. Therefore, it is not just the people who are there to decide; we as a state retain the right to make sure that past terrorism is regarded as wrong and that those who continue to propagate it by other means are held accountable.
There is no excuse or justification for terrorism. I repeat those standards, which we must all uphold in public life, for that reason. The hon. Lady made her point clearly and directly on the record.