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by Munro Research

Representation of the People (Candidate’s Disclosure) Bill


Official Summary

A Bill to make provision for the disclosure of convictions and sentences etc. by candidates for election to specified public roles; and for connected purposes.

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Overview

This bill mandates that candidates for various public offices in the UK disclose their past convictions, cautions, and other relevant information to the Returning Officer before the election. Failure to do so or providing false information is a criminal offence.

Description

The Representation of the People (Candidate’s Disclosure) Bill requires candidates for numerous public offices to disclose detailed information about their past. This includes:

  • Covered Roles: The bill applies to candidates for the House of Commons, House of Lords, Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, European Parliament (UK constituencies), Greater London Assembly, elected mayors (including the Mayor of London), councillors at various levels (district, borough, county, etc.), parish/community councillors, and Police and Crime Commissioners. The Secretary of State can add to this list.
  • Information Required: Candidates must submit a statement equivalent to an "Enhanced Disclosure with Lists check," detailing convictions (spent and unspent), cautions, consideration status, suitability information, prescribed court orders, sex offender notification requirements, and other relevant non-conviction information deemed relevant by the police or a government body.
  • Timing and Validity: This statement must be submitted to the Returning Officer by the nomination paper deadline. A nomination is invalid without a compliant statement.
  • Offences and Penalties: Submitting an inaccurate, incomplete, false, or misleading statement is a criminal offence. Penalties include a fine (on summary conviction) or imprisonment for up to one year (on indictment), or both.
  • Rehabilitation of Offenders Act: The bill explicitly exempts the listed roles from the Rehabilitation of Offenders Act 1974.

Government Spending

The bill doesn't directly specify government spending figures. The costs would likely relate to administrative changes to election processes and potential legal costs associated with prosecutions for non-compliance. No specific figures are provided in the bill text.

Groups Affected

The bill directly affects:

  • Candidates: They are required to disclose personal information and face potential legal repercussions for non-compliance.
  • Returning Officers: They are responsible for receiving and managing candidate disclosures.
  • Voters: They will have access to more information about candidates' pasts, which may influence their voting decisions.
  • The Police and Government Bodies: These will be involved in determining relevant non-conviction information that candidates need to include in their statements
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