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Local Government (Disqualification) Bill

14 January 2022

Proposing MP
Doncaster Central
Type
Bill Debate

At a Glance

Issue Summary

The statement discusses the Local Government (Disqualification) Bill and outlines amendments related to disqualifying individuals from serving in local government due to certain convictions or sanctions. Christopher Chope discusses proposed amendments to the Local Government (Disqualification) Bill to include additional disqualifications for councillors based on drug-related and antisocial behavior offenses. The statement discusses the Local Government (Disqualification) Bill and the proposed amendments by Sir Christopher Chope. The statement addresses concerns about the Local Government (Disqualification) Bill and its potential impact on elected councillors. The statement discusses the Local Government (Disqualification) Bill and its provisions to update disqualification criteria for individuals convicted of sexual offences from holding local office. The statement discusses the Local Government (Disqualification) Bill which aims to disqualify councillors who are on the sex offenders list from serving as elected members. The statement discusses the Local Government (Disqualification) Bill which aims to disqualify individuals with certain sexual offenses from running for local government positions in England and Wales. The speaker supports the Local Government (Disqualification) Bill which aims to insert a new section into the Local Government Act 1972 to disqualify individuals who commit sexual offences from holding local government positions. Rosie Winterton supports the Local Government (Disqualification) Bill, which aims to prevent registered sex offenders from standing or serving as councillors, mayors, or London Assembly members.

Action Requested

The MP proposes amendments to disqualify persons subject to drink and drug driving offences, controlled drugs offences, and anti-social behaviour injunctions from being elected as members of local authorities in England. Additionally, parish councils are excluded from the provisions regarding sexual risk orders.

Key Facts

  • The Local Government Act 1972 is amended by inserting new sections related to disqualification criteria for local authority membership.
  • Amendments aim to include disqualifications based on controlled drugs offences and anti-social behaviour sanctions.
  • Parish councils are excluded from certain provisions, specifically those related to sexual risk orders.
  • New clause 1 would include councillors convicted of driving with excess alcohol or controlled drugs in disqualification criteria.
  • New clause 2 seeks to extend provisions for disqualification to those convicted under the Misuse of Drugs Act 1971.
  • New clause 3 aims to add prohibitions on holding office for individuals subject to civil injunctions or criminal behavior orders.
  • The Bill aims to close a loophole that allows sex offenders to hold positions where they should protect vulnerable people.
  • Sarah Owen questions Sir Christopher Chope’s motives behind proposing amendments.
  • Jo Gideon supports the original Bill's principles but emphasizes the importance of redemption for those with past convictions.
  • The Bill addresses a loophole in child protection laws related to councillor relationships with children.
  • Proposed amendments would retroactively disqualify councillors for drug, drink-driving, and social disorder offences without considering offence severity or time since conviction.
  • The speaker fears the amendments could lead to partisan attacks on councillors by dredging up past minor infractions.
  • New clauses propose permanent disqualification for narrow categories of drink or drug offences.
  • Amendments aim to exclude parish councils and sexual risk orders from the new disqualification criteria.
  • The Bill updates disqualification criteria for individuals subject to notification requirements for sexual offences without custodial sentences.
  • Parish councils are already subject to existing disqualification criteria, with 10,000 parish councils and approximately 100,000 councillors in England.
  • The Bill aims to address cases where individuals can remain as councillors despite being on the sex offenders list due to not going to jail.
  • It is intended to ensure that those who are placed on the sex offenders list face the same disqualification from serving as elected members as those who go to jail.
  • A third former leader of Wandsworth Council will take the Bill forward in another place.
  • Labour fully endorses the Bill introduced by the hon. Member for Mole Valley (Sir Paul Beresford).
  • The Bill targets individuals subject to notification requirements under the Sexual Offences Act 2003 and sexual risk orders.
  • There are more than 100,000 local councillors in England who will be affected by this legislation if passed.
  • A parish councillor in Saddleworth was convicted of downloading indecent photographs of children but continued to serve as a councillor due to the loophole in current law.
  • The Bill will insert a new section 81A into the Local Government Act 1972.
  • People who commit sexual offences should be disqualified from holding positions such as Mayor of London, charter trustee or parish councillor.
  • Current disqualification rules have an expiration period of five years.
  • The Local Government Act 1972 currently disqualifies anyone given a custodial sentence of three months or more from serving as councillors.
  • Modern sentencing practices issue non-custodial sentences for sexual offences, requiring individuals to be on the sex offenders register and subject to notification requirements.
  • Wales has already implemented similar provisions via the Local Government and Elections (Wales) Act 2021.
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