Public Office Disqualification: Terrorism Offences

Zöe Franklin Excerpts
Monday 6th July 2026

(1 month ago)

Westminster Hall
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Zöe Franklin Portrait Zöe Franklin (Guildford) (LD)
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It is a pleasure to serve with you in the Chair, Dr Allin-Khan. I thank the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for his opening remarks, and the petitioners who brought the petition today.

Public trust in our democracy is sadly at an all-time low due to broken manifesto commitments, resignations or just the perceived lack of accountability that has led to general political disillusion for so many. Every failure of standards and every perception that rules do not apply equally risks further damaging confidence in not only us as MPs but our democratic institutions.

The petition was signed by over 200,000 people across the country, including 227 of my constituents in Guildford, and it asks a question that goes to the heart of our democracy: who is fit to stand for public office and how do we protect the institutions that make our democracy work? We Liberal Democrats believe that we should be working hard to restore public confidence in our democratic institutions. Those who have sought to undermine that confidence through political violence should face serious consequences.

However, the question raised by the petition is not a simple one. Those who signed it are asking beyond whether someone convicted of terrorism offences should be able to stand for elected office; they are asking whether the system is serious about protecting itself. They are asking whether we understand what public office is for. The UK already disqualifies certain people with criminal convictions from holding elected office. Anyone sentenced to three months or more in prison is barred from serving on an English local authority for five years. Police and crime commissioner candidates are disqualified if they have ever been convicted of an imprisonable offence. MPs serving prison sentences of more than a year are disqualified under the Representation of the People Act 1981, so a framework is already in place. The question is whether it goes far enough for terrorism offences specifically.

We do not think that it would be right to bar every person with any historic conviction from ever standing for office; that would be disproportionate and cut against the principle of rehabilitation. But terrorism and national security offences are different. They are, by definition, attacks on the institutions that the person may later seek to serve. It is reasonable for Parliament to treat them as a special case.

Any new prohibition, however, must meet two tests. First, it must comply with the 1998 Human Rights Act. Restrictions on the right to stand for election must be proportionate and subject to proper legal safeguards. That is not a barrier to action; it is the framework that any workable law will have to fit within. Secondly, any prohibition must be consistent with the Good Friday Agreement. The constitutional settlement in Northern Ireland has held peace for a generation, and legislation drafted without regard to it could do real damage. That is a practical consideration, not a theoretical one, and I hope the Minister will address it directly.

Within those tests, though, there is a clear route forward. The Elections Act 2022 already allows courts to issue disqualification orders, but only for five years. The Liberal Democrats support giving courts the power to issue longer disqualification orders, so that people who pose an ongoing threat to our democracy can be barred from public office for as long as that threat lasts.

Currently, the Representation of the People Bill is making its way through Parliament. It provides a great opportunity for the Government to make changes to our electoral system. My hon. Friend the Member for Hazel Grove (Lisa Smart) has tabled an amendment that I fully support, which would prevent anyone convicted of offences relating to the promotion, incitement or use of political violence from making donations to political parties. If we agree that people who have used violence against our democracy should not sit in its chambers, we should also agree that they should not be funding the parties that do. I ask the Minister to look at that amendment seriously at the next stage of the Bill.

There is a wider point about how nominations are handled. Returning officers currently have to accept nominations at face value. They cannot investigate allegations or reject a nomination because they think someone might be disqualified. As candidates self-declare their eligibility, the system depends on honesty. It is worth the Government asking whether that is still fit for purpose.

Tackling extremism also requires more than legal disqualification. It requires the police and prosecutors to have the resources and training to prevent and prosecute hate crimes. It requires protective funding for places of worship, schools and community centres that have been the targets of attacks, and it requires all of us in public life to think very carefully about the rhetoric that we use and about the rhetoric that has too often been the precursor to violence.

The Government currently have no plans to change the existing disqualification criteria. I hope that, having listened to the debate, the Minister will be willing to go further than that. Public trust is hard won and easily lost. On this issue, the Government can show that they take that trust seriously.