Agenda item

DCLG Consultation - Disqualification Criteria for Councillors

Minutes:

The Committee considered a report of the Head of Legal and Democratic Services and Monitoring Officer which advised Members of a consultation paper on updating the disqualification criteria for local authority Members (for copy see file of Minutes).

 

Members discussed the consultation and supported the proposal that a person would be disqualified if he/she met the requirements set out in the Sexual Offences Act 2003, and the proposal to include criminal behaviour. However Members disagreed that a person would be disqualified if he/she was subject to a civil injunction. The Committee was concerned that an individual could be disqualified from holding public office by being the subject of a civil injunction through association, for example Members could be involved in a peaceful protest which had public support. This criteria could infringe on an individual’s freedom of expression.

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The Committee felt that rather than tackling bad behaviour through the proposed criteria, sanctions available within the standards regime should be strengthened. The Head of Legal and Democratic Services advised that the standards regime was to be reviewed by the Committee on Standards in Public Life and an announcement was expected in early 2018 of the launch of consultation which would be reported to the Committee for comments.

 

Resolved:

 

That the comments of the Committee be included in the Council’s response to the DCLG’s consultation paper.

 

Supporting documents: