Rules to prevent people found guilty of serious crimes from
serving on local councils will be strengthened, Local Government
Minister announced today (18
October 2018).
The new rules will mean any person who is subject to an
Anti-Social Behaviour Injunction, a Criminal Behaviour Order, a
Sexual Risk Order or who is on the Sex Offenders’ Register, will
no longer be able to stand for elected office in their community.
Current conditions make clear that anyone convicted of an offence
carrying a prison sentence of more than 3 months is banned from
serving as a local councillor.
The new measures will strengthen this further by bringing
disqualification rules in line with modern sentencing to include
the alternatives to a prison sentence as a barrier to becoming a
councillor.
These changes to the rules for who can stand for election, or
hold a post as a councillor, will make sure those who represent
their communities are accountable and held to the highest
possible standards.
Local Government Minister said:
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.
With such an important role comes great responsibility, and
these changes will protect residents while upholding the values
and high standards of behaviour we all expect.
Anyone convicted of a serious offence that results in a sentence
covered under the new disqualification criteria will be banned
from standing for election, or would be forced to step down if
they were convicted whilst in post.
The changes will better reflect rules governing standards of MPs,
where members face suspension from the House for anything that
contravenes the parliamentary code of conduct.
Government will look to identify a suitable legislative
opportunity to bring the changes into law. It will require
changes to primary legislation, in particular the Local
Government Act 1972, the Local Democracy, Economic Development
and Construction Act 2009, and the Greater London Authority Act
2009.
Once the rules are implemented, councils across England will have
the power to prevent individuals from standing as a councillor or
mayor at the point they trigger the revised disqualification
criteria. These proposals will not apply retrospectively.
This consultation was open to everyone between 18 September 2017
and 8 December 2017. We particularly sought the views of
individual members of the public, prospective and current
councillors and those bodies that represent the interests of
local authorities and councillors at all levels.
A summary of consultation
responses and the government response has been published
today.
