Overview

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

Description

The Representation of the People (Candidate’s Disclosure) Bill requires candidates for a wide range of public offices to disclose specific information. This includes:

• Covered Offices: Members of 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.
• 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 any other non-conviction information deemed relevant by the police or a government body.
• Timing: The disclosure must be submitted to the Returning Officer by the same deadline as nomination papers.
• Consequences of Non-Compliance: A nomination is invalid without a compliant statement. Submitting an inaccurate or misleading statement is a criminal offence, punishable by a fine or up to one year imprisonment.
• Exceptions: The Rehabilitation of Offenders Act 1974 does not apply to this disclosure.
• Amendments: The Secretary of State can amend the list of covered offices by order, subject to parliamentary scrutiny.

Government Spending

The bill does not specify any direct increase or decrease in government spending. The costs will likely relate to administration and enforcement, including processing disclosures and investigating potential offences. No specific figures are provided in the bill text.

Groups Affected

• Candidates for Public Office: They are directly affected, needing to comply with the disclosure requirements. Non-compliance could lead to disqualification.
• Returning Officers: Responsible for receiving and processing the disclosures.
• The Police and Relevant Government Bodies: Involved in determining what additional information is considered relevant for disclosure.
• The Public: Benefit from greater transparency regarding the backgrounds of candidates.
• The Courts: Responsible for prosecuting any offences under the act.

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