Technical Notes 2023, Issue 117 - Scottish Government Consultation – Disqualification criteria for Councillors
Report by:
Karen M Donnelly, Chief Solicitor & Monitoring Officer
TN Number:
117-23
Subject:
Scottish Government Consultation – Disqualification criteria for Councillors
Responsible Officer:
Martin Cunningham, Corporate Governance Manager
Publication:
This Technical Note will be published on the Council’s website following circulation to Members. Its contents may be disclosed or shared outwith the Council.
Section
The purpose of this Technical Note is to update Members following the publication of a Scottish Government Consultation regarding the disqualification criteria for local authority members, i.e. - whether the criteria for disqualification from being a local authority councillor in section 31 of the Local Government (Scotland) Act 1973 should be amended.
The Scottish Government considers that there should be consequences where the behaviour of councillors, and those seeking to become councillors, falls short of that expected of anyone in a free, inclusive and tolerant society and has led to enforcement action against an individual.
The proposals in the consultation paper apply to local authorities in Scotland only. They do not apply to local authorities elsewhere in the United Kingdom; nor do they apply to MSPs or MPs.
The Scottish Government is seeking views on the undernoted proposed amendment to prevent sexual offenders becoming councillors. “The Scottish Government proposes that any person who is currently subject to Sex Offender Notification Requirements (SONR) under Part 2 of the Sexual Offences Act 2003 should be prevented from being a councillor. Do you agree with this proposal?”
The consultation is open to everyone and is particularly seeking the views of individual members of the public, prospective and current councillors and those bodies that represent the interests of local authorities and councillors at all levels.
The closing date for the consultation is 09 August 2023. Officers are currently preparing a response which, due to the timing of the closing date, will be reported under the Chief Executive’s Delegated Powers during the recess. The response on behalf of the Council will be shared with Members following submission.
