Should errant councillors stay or go?

The London Borough of Southwark is the latest council to face an embarrassing electoral conundrum.

For different reasons three serving Labour Councillors have within the space of a few months had their legitimacy questioned because they have either allegedly or actually fallen foul of the law.

All three councillors have been asked to resign; only one has. In theory the other two can remain in post until the next local elections in 2014.

John Friary, a councillor since 1994, was arrested two weeks ago by the Metropolitan Police's paedophile unit. It's alleged that he was involved in the internet grooming of teenage girls and police are continuing their investigations.

Councillor Friary resigned from his position straight away and there will be a by-election sometime in March. Council Leader Peter John moved swiftly to encourage Friary's departure and told me the councillor had done the right thing.

It's just as well because it is very difficult to remove a sitting councillor as Southwark leaders had already found out shortly before this case came to light.

Councillor Keadean Rhoden was convicted of housing benefit fraud in November and was immediately suspended from the Labour Group. Despite being sentenced to 200 hours community service Cllr Rhoden is perfectly within her rights not to stand down from office and has so far elected to stay on.

And as if all that wasn't enough to give the Labour Group a nasty headache, I discovered councillor Stephen Govier have failed to declare a six year conviction for a serious crime he'd committed in California in 1997.

Initially councillor Govier defended his decision not to tell the Labour Party selectors about his conviction because he says he didn't think it was relevant. Then he argued, correctly, that because the conviction was more than 5 years before he put himself forward as a candidate, he was not disqualified from standing.

Finally he acknowledged his crime but suggested that he had shot an intruder who entered his home.

Let's get the facts straight. According to Los Angeles County court records, Councillor Govier was initially charged with attempted murder and conspiracy to supply cocaine.

Stephen Govier shot an acquaintance of five years, who he had previously supplied cocaine to, whilst he himself was under the influence of a cocktail of cocaine and vodka.

His victim was shot in the head with a handgun and remained in hospital for 27 days.
Govier spent from June 1997 until June 24th 2002 behind bars on a serious felony charge of assault with a firearm.

This charge was negotiated as part of a plea bargain in turn for pleading guilty. Govier was deported from the US the day he was released from prison.

If Govier's crime had been committed in the UK he would have a permanent criminal record registered here. He would always have to declare his conviction because any offence which carries a custodial term of over 30 months can never be spent.
It raises the question of why someone with a serious conviction overseas would be allowed to stand for election.

The reality is that there is no adequate vetting procedure for candidates and the whole system depends on truthfulness.

When individuals like Stephen Govier return from overseas and are less than truthful, there is little that can be done to flag up overseas convictions. In fact there is no vetting for councillors full stop.

And if, as in Councillor Govier's case, an errant councillor is belatedly found out, there is very little in law that can be done to remove them from elected office.

He's been asked to resign. He has refused. Despite repeated attempts to reach Cllr Govier to ask him about why he thinks he should given the gravity of his crime and the failure to declare it he has not responded.

In a previous statement he told us:

"Over recent years I have committed my life to working in and for the community, and I believe in a fair and equal opportunity and future for all. The better to achieve these ideals it is my desire to continue to work conscientiously and in the interest of my constituents to create a fairer future for all in Southwark."

Southwark Council has now written to the Department for Communities & Local Government (DCLG) asking for the law to be reviewed to make it absolutely clear when someone should declare an overseas conviction and asking for local authority powers to remove someone from office when they are in clear breach of selection rules.

DCLG have told me they will be urgently reviewing the law.

The Local Government Minister Bob Neill added:

"There is a strong argument for this councillor to resign, as he would be disqualified if the crime had been committed in Britain."

Until then only councillors Govier and Rhoden can decide whether to stay or go.