Local Government
(Disqualification) Bill
The Committee consisted of the following Members:
Chair:
† (Minister for Levelling Up
Communities)
† (Mole Valley) (Con)
† (Harrow East) (Con)
† (Newcastle upon Tyne
East) (Lab)
† (Rhondda) (Lab)
(Orkney and
Shetland) (LD)
(East Surrey) (Con)
† (Kingston upon Hull West and
Hessle) (Lab)
† (North East
Hertfordshire) (Con)
Hillier, Dame Meg (Hackney South and Shoreditch) (Lab/Co-op)
(Henley) (Con)
† (Morley and Outwood)
(Con)
† (Morecambe and Lunesdale)
(Con)
† (Birmingham, Yardley)
(Lab)
† (Cheadle) (Con)
(Strangford) (DUP)
† (Redcar) (Con)
Adam Mellows-Facer, Committee Clerk
† attended the Committee
Public Bill Committee
Wednesday 1 December 2021
[Dr in the Chair]
Local Government (Disqualification) Bill
Clause 1
Members of local authorities in England etc
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider clauses 2 to 6 stand
part.
(Mole Valley) (Con)
We are particularly delighted to see you in the Chair, Dr
Huq.
The Chair
I am sorry. You can’t get the staff these days, Sir Paul.
We were tempted to chair the Committee ourselves, but we were
ruled out of order.
The Chair
I need some dental work done, as well.
Absolutely. We were tempted to move the Bill formally, just to
save you the trip, but there was an objection.
The Chair
Okay—let the process continue.
I am delighted that we are putting the clauses together so that
we can discuss them quickly. I think there is universal support
for the contributions that follow to be short. I am aware that a
number of supporters, on both the Government and the Opposition
side, are keen to leave as soon as feasible, so I will be
quick.
Like many people, I was very surprised to hear that there is a
loophole in the legislation on disqualification of local
government elected members who are convicted of a sexual offence.
That conviction means that they are subject to the relevant
notifications commonly known as the sex offenders list. If the
individuals are subject to a custodial sentence, they are
automatically disqualified from their elected post. If they are
not subject to a custodial sentence, even though they are put on
the sex offenders list, they are not automatically disqualified.
That really took me by surprise, as it did other people.
The reality, therefore, is that such individuals can stand in an
election to become a local government member, and in a few cases
over the past few years that has happened. I believe that is
absolutely unacceptable. It is degrading. It means that people
who should be looking out for the vulnerable, especially
children, are in a position where one might doubt that they are
actually doing so.
This tiny but somewhat complex Bill will remove that loophole. To
hasten proceedings, I have sent all Committee members a copy of
the Bill and the explanatory notes, so that they already have the
matter covered.
The grounds for disqualification are set out in clause 1, which
is entitled
“Members of local authorities in England etc”,
to whom this change will apply. Similarly, the Acts to which the
changes will apply are set out. Clause 2 applies to Mayors of
combined authorities. Clause 3 applies to the Mayor of London and
London Assembly members. The supplementary and final provisions
are set out in clauses 4 to 6. Clause 4 contains references to
Channel Islands or Isle of Man legislation. Clause 5 deals with
transitional provision. Clause 6 addresses the extent,
commencement and short title.
Having quickly summarised the Bill, I must thank and congratulate
the Minister and her officials, who put together this small but
extraordinarily complex Bill, covering all the bases of local
government legislation in England and Wales.
(Birmingham, Yardley)
(Lab)
I shall be briefer than I think I have ever been in Parliament
and simply say that I and the Labour party fully endorse the
Bill, and we congratulate the hon. Member for Mole Valley on his
efforts in bringing it forward. In my view, it is important that
this change is made in relation to all representatives, but with
a special focus on those who act as corporate parents. The Labour
party supports the Bill.
The Minister for Levelling Up Communities ()
I have a very long speech that I am keen for all members of the
Committee to go through with me over the next 25 minutes.
I thank my hon. Friend the Member for Mole Valley ( ) for picking up this private
Member’s Bill and helping us to close this loophole. It has been
an absolute pleasure to work with him in progressing the Bill to
Committee stage, and I look forward to supporting it over the
upcoming legislative hurdles, of which no doubt there will be
very few for what is a common-sense and necessary measure for the
statute book.
It is clear that people must be given confidence that the
individuals they elect to represent them are of good character,
worthy of trust and beyond reproach. Mayors and local councillors
are responsible for the delivery of vital services, including for
children and vulnerable adults, and good character in the people
making decisions about such services should be the minimum
expectation.
It goes without saying that the vast majority of councillors and
Mayors are driven by a deep sense of public duty, and they
deserve our respect for the excellent job they do. However,
perhaps inevitably when there are 120,000 councillors serving all
tiers of local government in England, there are rare occasions
when the behaviour of individuals falls below the standards that
the public rightly expect.
Two such cases have shone a sharp light on the need for reform,
including a particularly notorious incidence that involved a
parish councillor downloading indecent images of children soon
after their election to public office. Despite being placed on
the sex offenders register, this individual refused to do the
decent thing by stepping down and he then went on to serve his
full term. This intolerable situation was made possible by our
current legislation on disqualification not having kept pace with
our sentencing regime, as our rules disqualified someone only if
they received a custodial sentence of three months or more.
My hon. Friend the Member for Mole Valley has already described
the clauses that are to stand part of the Bill, so I will not
repeat them, but it is important to mention the devolved
Administrations, as they are not represented in the room. There
is a commitment to support Northern Ireland implementation, and
clause 6 sets out that the Act will come into force two months
after the day on which it is passed. The clause also confirms
that the provisions apply to England only.
Local government functions are devolved, which means the Bill is
specifically for England. That being said, the Welsh Government
have recently legislated on the matter and the Scottish
Parliament may wish to make corresponding provision, because the
UK Government, unlike in the devolved nations, retains general
responsibility for local government elections. The Government
will work with the Northern Ireland Executive to seek to extend
these measures to Northern Ireland in a comprehensive package,
addressing candidates and sitting councillors.
This Government believe that it is absolutely right for
councillors, Mayors and members of the Greater London Assembly to
face consequences if they fall short of the behaviour we all
expect in an inclusive and tolerant society. This private
Member’s Bill will help us uphold standards in public life and
deliver on our commitment to legislate on this issue. Updates to
the disqualification criteria are timely and, many would say,
long overdue, and I am pleased to commend the Bill to the
Committee.
I am delighted but not surprised that there is general support. I
am conscious that Members want to get out of here, so I will be
very quick. Before you put the question, Dr Huq, I wish to thank
you and all who have attended, having been dragged out of the
coffee room. I ask the Minister to convey my thanks to her
officials who put the Bill together, because it is much more
complicated than it looks—I remember struggling with local
government legislation when I was a local government Minister. I
thank those who have spoken for being succinct, and I also thank
those who did not speak.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 6 ordered to stand part of the Bill.
Bill to be reported, without amendment.
