Local Government (Scotland) Act 1973 - section 31 - disqualification criteria for councillors: consultation analysis

3. Conclusion

The feedback in the consultation responses indicated a high level of support for the changes to the disqualification criteria proposed for local councillors. 96% of the respondents were in agreement with the proposal. Some supported the change on the basis that it would support safeguarding of representatives in communities, especially with respect to children and vulnerable groups. Many respondents also cited the high level of authority and trust placed in the position of a local councillor and took the view that a breach of conduct – especially one which was subject to SONR – would mean that an individual should be considered unfit to be given responsibility over matters of public interest.

Three responses (4%) disagreed with the proposal on the basis of proportionality. These respondents felt that certain offences subject to SONR would not warrant such a severe punishment as disqualification.

While there was overall approval for updating the disqualification criteria for local councillors, there were aspects of the proposal that some respondents felt needed to be considered further. This included:

• The extension of disqualification criteria to situations where individuals have not been given custodial sentences. This was in consideration of the increasing use of community-based sentences over custodial sentences. Respondents expressed concern that anyone who had been convicted of an offence could remain eligible for election.
• Providing clarity on the time period on the prevention of being elected as local councillor for persons subject to SONR.
• Ensuring the legislation would be consistent with the legislation in the rest of the UK.
• Application of consistent legislation to address the discrepancy to the disqualification criteria between candidates standing for election as councillors and MSPs and MPs.
• Preventative measures to prevent sex offenders from becoming councillors, whether it be a third-party vetting system or a self-declaration from candidates standing for election.
• Introducing and implementing the proposal with sufficient time to ensure that candidates are familiar with the requirement before the next election.

Next Steps

The Scottish Government will now consider the reponses and key findings and decide which actions will be taken forward.

Any resulting amendments to the disqualification criteria for councillors will be put before the Scottish Parliament for scrutiny and approval as part of the forthcoming Electoral Reform Bill to be laid in Parliament later this year.