Agenda item

To consider the report of the City Solicitor and Head of HR.

The Corporate Manager Democratic and Civic Support presented the report which sought feedback from Members on the Consultation Paper, for the Governments’ proposals to update the criteria for disqualifying individuals from either standing for, or holding office as, a local authority member, directly elected mayor or member of the London Assembly. Comments and feedback on the proposed questions from Members were requested before the consultation closed on Friday 8^th December:-

(1)  Should an individual who is subject to the Notification requirement set out in the Sexual offenders Act 2003 should be prohibited from standing for election, or holding office, as a member of a local authority, mayor of a combined authority, member of the London Assembly or the London Mayor?

(2)  Should an individual who is subject to Sexual Risk Order be free to stand for election as a member of a local authority, mayor of a combined authority, member of the London Assembly or the London Mayor?

(3)  Should an individual subject to a Civil Injunction or Criminal Behaviour Order be prohibited from standing for election or holding office, as a member of a local authority, mayor of a combined authority, member of the London Assembly or the London Mayor?

(4)  Do you agree that being subject to Civil Injunction or Criminal Behaviour Order be the only anti-social behaviour related reasons why an individual should be prohibited from standing for election or holding office, as a member of a local authority, mayor of a combined authority, member of the London Assembly or the London Mayor?

(5)  Do you consider that the proposal set out in the consultation paper will have an effect on the local authorities discharging their Public Sector Equalities Duties under the Equalities Act 2010?

Members discussed the questions and commented on the possible use of the Disclosure and Barring Service (DBS) checks for existing and prospective Councillors, how they could work and any limitations. They also discussed the potential for any unfair historic convictions being raised through the checks which could impact on running for public office and the democratic process. They agreed the DBS system would need to be streamlined to accommodate the local government system. They agreed to add a question to the consultation on the use of DBS checks and requested that the terminology used in some of the consultation questions be re-phrased to ensure clarity.

In response to questions from Members, the Corporate Manager Democratic and Civic Support explained that:-

·         Details relating to Civil Injunctions and Criminal Behaviour Orders were outlined in the report;

·         Disqualification criteria for Directors was established in the existing regulations;

·         Using a DBS check would in his opinion be for the political party to make ahead of any election to ensure they are putting forward the appropriate candidates. This would not be for Council to make as it would be too late once an election was held. A check could be added to the consultation questions;

·         The Police and Crime Commissioner role would have to have no criminal record of any kind. Any check which resulted in any form of offence would mean immediate dismissal;

·         Any Councillor would be barred from public office while they had an injunction against them. Once it had been lifted, they would be free to run for election to be re-elected as a Councillor.

The Audit and Governance Committee noted the report and requested the following to be provided as the Councils response to the consultation:-

·         Questions 1 and 5  - Yes in each case;

·         Questions 2 and 3 – No in each case; 

·         Question 4 -  the Committee felt that it could not respond to this question without further clarification on the exact meaning of the points contained therein; and

·         That an additional point be raised in relation to the appropriateness of DBS (Disclosure and Barring Service) check being undertaken by individuals who put themselves forward as a member of a Local Authority, Mayor of a Combined Authority, Member of the London Assembly or the Mayor of London.