After almost two years, the Conservative Government has still not honoured a promise to make it illegal for anyone who is a convicted sex offender to stand or remain in public office as a Councillor or elected Mayor, and Liberal Democrat Group Leader, Councillor Howard Sykes MBE, is “deeply disappointed” by the failure of the Government to act.

In March 2017, Councillor Sykes backed a motion brought to Council by the then Leader of the Council that called on the government to ban sex offenders from public office.  Later that year, the government launched a lengthy public consultation on its proposal to do so to which Oldham Council responded in support, but it was not until October 18 of the following year that Local Government Minister Rishi Sunak MP said that the government would “strengthen” the law.

After two years of patiently waiting, Councillor Sykes has had enough.  At the start of October, he sent a letter to his parliamentary colleague, Baroness Kath Pinnock, who is the Liberal Democrat Lords Spokesperson on Communities and Local Government matters, outlining the case for change, with a suggested question for her to ask of Government Ministers.

Councillor Sykes said:  “It is time now to rattle the cage of Government and get them to take some action.  Rishi Sunak promised to ‘identify a suitable legislative opportunity’ to change the law and I think it is inexcusable that they have not found a time or place to do so over the last two years.  To update the law would require only a small change to the wording of the 1972 Local Government Act to disbar sex offenders from public office, so let’s get it done.  I am pleased to report the question has now been tabled.”

Letter and question below:

The wording of the parliamentary question reads:

To ask Her Majesty’s Government when they will honour the commitment made by Local Government Minister, The Rt Hon Rishi Sunak MP, on 18 October 2018 to amend Section 80 of the Local Government Act 1972 to disbar persons required to sign the Sex Offenders Register from acquiring or holding public office as Councillors or Mayors?

1 October 2020

The Rt Hon Baroness Kath Pinnock, Liberal Democrat Lords Spokesperson (Communities and Local Government), House of Lords, London SW1A 0PW

Dear Baroness Pinnock,

Re: Make representations to the Secretary of State to extend the 1972 Local Government Act to automatically disqualify any member who after conviction is placed on the sex offenders register

In December 2015, an Independent Parish Councillor serving on Saddleworth Parish Council was convicted at Manchester Crown Court of downloading indecent images of children under the Sexual Offences Act 2003.

This individual was sentenced in January 2016 to a 28-day curfew, required to participate in an Internet Sexual Offenders’ Treatment Programme and subjected to a Sexual Harm Prevention Order for five years, as well as obliged to sign the Sex Offenders’ Register.

Although removed from any committees of the Parish Council, this individual adamantly refused to step down from public office.  Politicians of all parties at the Parish Council and at the Oldham Metropolitan Borough Council, within the administrative boundaries of which Saddleworth lies, were horrified that their appeals to this councillor to do the decent thing and resign were ignored.  A significant public campaign developed also calling for him to go, but this too fell on deaf ears.

The law is this instance also proved to be impotent as the Local Government Act 1974 only provides for a ban upon anyone serving as a local councillor if they are convicted of an offence carrying a prison sentence of more than three months.

In March 2017, I supported the then Leader of Oldham Council, Councillor Jean Stretton, in seconding a cross-party motion which was endorsed at a full meeting of the Council.  The motion read:

This Council notes with alarm that there are currently no legislative provisions in place to disqualify a Councillor who is placed on the sex offenders’ register.

Section 27 (1) of the Localism Act 2011 declares that it is the job of a Council to promote and maintain high standards of conduct by members and co-opted members of the authority.

Disallowing us to exclude Members who are placed on the sex offenders register compromises the Council’s duty to maintain high standards of conduct by its members.

Oldham’s definition of the role of a Councillor states that he/she should “be an active and visible community leader on behalf of the whole community”.

This Council acknowledges that an individual placed on the sex offenders register cannot honestly represent a whole community when they have shown clear contempt towards members of that community.

The nature of a Council’s work makes it unsuitable for an individual on the sex offender’s register to work as a Councillor.

The Council works with children, adults in need of social care and adults with disabilities. A Councillor’s role can involve working with these vulnerable groups and therefore it is unsuitable for those groups to interact with someone on the sex offenders register.

With this in mind, this Council resolves to:

Make representations to the Secretary of State to extend the 1972 Local Government Act to automatically disqualify any member who after conviction is placed on the sex offenders register.’

In response in September 2017, Local Government Minister Rishi Sunak MP, announced a public consultation on changing the Local Government Act 1972 to disbar members from office if convicted of an offence under the Sexual Offences Act.

The government’s proposal included preventing individuals from standing from, or remaining in, office if they were on the Sex Offenders’ Register or had been subject to an Anti-Social Behaviour Injunction, a Criminal Behaviour Order or a Sexual Risk Order.

The consultation lasted until December 2017 and representations were made from Oldham Council in support of the proposal.

On October 18 of the following year.  Minister Sunak announced that the law would be ‘strengthened’ to make the alternatives to a prison sentence a bar to holding elected office.

A promise at that time was made to ‘identify a suitable legislative opportunity’ to effect changes to primary legislation (the Local Government Act 1972, the Local Democracy, Economic Development and Construction Act 2009, and the Greater London Authority Act 2009).

I have recently taken advice from the legal team at the Local Government Association and I very much regret that their advice is that there have been no apparent changes to the law, certainly not to Section 80 of the Local Government Act 1972. 

I am disgusted that two years have almost passed, and this government has clearly not thought this matter to be of sufficient importance to identify that promised ‘suitable legislative opportunity’. 

In the interim, Councillors may have been convicted of offences under the Sexual Offences Act and punished with a non-custodial sentence yet remain in office.

Like their promise to legislate to outlaw sexual relations between those holding ‘positions of trust’ and young people aged under 18, the government’s promise to legislate on this matter has so far amounted to nothing, and so I would be most grateful for your assistance in tabling this serious matter and to ask the appropriate questions of Government Ministers in the House.

If you need any further information or have any queries, please do not hesitate to get in touch.

Best wishes and stay safe.

Howard Sykes