Law and Rights
By today, the government was required to bring forward legislative proposals relating to prisoner voting. A DRAFT Bill has been issued - Voting Eligibility (Prisoners) Draft Bill
The Bill presents three options for reform:
Option 1: ban for prisoners sentenced to 4 years or more
Option 2: ban for prisoners sentenced to more than 6 months
Option 3: ban for all prisoners - (the draft bill states - "re-enacts the current general ban on prisoner voting, but with a few minor changes")
Quite clearly, Option 3 cannot be compliant with the obligation placed on the UK by decisions of the European Court of Human Rights since the court decided that it was the blanket ban which was non-compliant with Protocol 1 to the Convention.
The executive clearly does not wish to alter the present law and this draft bill may be viewed as a cynical attempt at being able to claim that the government is respecting the convention whilst simultaneously ducking the issue. The draft bill will undergo "pre-legislative scrutiny" thereby delaying reform for as long a period as possible. For how long? Who knows - perhaps beyond the present Parliament.
It seems somewhat odd that when the Ministry of Justice is talking seriously about a revolution in rehabilitation and restorative justice it is refusing to properly get to grips with the prisoner voting issue. Many argue that deprivation of voting rights works against rehabilitation.
An important point should be borne in mind. The European Court judgment in Greens and MT v UK also requires the UK to actually alter the law within a period to be determined by the Council of Europe's Committee of Ministers.
How judgments of the court are enforced was looked at in Prisoner Votes ~ The Battle lines are drawn - 25th October 2012
Recommended reading:
UK Human Rights blog - Adam Wagner - "A £1000 prisoner vote signing on bonus"
Parliament Briefing Paper 22nd November 2012
- Prisoner Voting
A ruling by the Court of Justice of the European Union has upheld a ban on a French convicted murderer who was serving a sentence of more than five years from taking part in the European elections - The Guardian 6th October * See the Court of Justice...
- Prisoner Voting - Joint Committee Report And Also Scottish Independence Referendum
Prisoner Voting - Draft Bill: The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill has reported ? (PDF/HTML/conclusions). The report recommends: ... that the Government bring forward a Bill, at the start of the...
- Prisoner Voting ~ Strasbourg Has Spoken
Updated 23rd May: As was said in another case, Strasbourg has spoken ! ("Argentoratum locutum" - per Lord Rodger in Home Secretary v AF No.3 at para 98). This time, the Grand Chamber of the European Court of Human Rights has handed down judgment...
- House Of Lords Reform
House of Lords Reform Draft Bill The Deputy Prime Minister (The Rt. Hon Nick Clegg MP) has presented a draft House of Lords (Reform) Bill to Parliament. The Bill is to be considered in a committee which will report in early 2012. The proposal...
- Prisoners And The Right To Vote
Voting for prisoners has now moved up the government's reform agenda. The idea is unpopular in some quarters because there is a view that those serving sentences of imprisonment have lost the moral right to participate in the government of...
Law and Rights
Prisoner voting
The Bill presents three options for reform:
Option 1: ban for prisoners sentenced to 4 years or more
Option 2: ban for prisoners sentenced to more than 6 months
Option 3: ban for all prisoners - (the draft bill states - "re-enacts the current general ban on prisoner voting, but with a few minor changes")
Quite clearly, Option 3 cannot be compliant with the obligation placed on the UK by decisions of the European Court of Human Rights since the court decided that it was the blanket ban which was non-compliant with Protocol 1 to the Convention.
The executive clearly does not wish to alter the present law and this draft bill may be viewed as a cynical attempt at being able to claim that the government is respecting the convention whilst simultaneously ducking the issue. The draft bill will undergo "pre-legislative scrutiny" thereby delaying reform for as long a period as possible. For how long? Who knows - perhaps beyond the present Parliament.
It seems somewhat odd that when the Ministry of Justice is talking seriously about a revolution in rehabilitation and restorative justice it is refusing to properly get to grips with the prisoner voting issue. Many argue that deprivation of voting rights works against rehabilitation.
An important point should be borne in mind. The European Court judgment in Greens and MT v UK also requires the UK to actually alter the law within a period to be determined by the Council of Europe's Committee of Ministers.
How judgments of the court are enforced was looked at in Prisoner Votes ~ The Battle lines are drawn - 25th October 2012
Recommended reading:
UK Human Rights blog - Adam Wagner - "A £1000 prisoner vote signing on bonus"
Parliament Briefing Paper 22nd November 2012
- Prisoner Voting
A ruling by the Court of Justice of the European Union has upheld a ban on a French convicted murderer who was serving a sentence of more than five years from taking part in the European elections - The Guardian 6th October * See the Court of Justice...
- Prisoner Voting - Joint Committee Report And Also Scottish Independence Referendum
Prisoner Voting - Draft Bill: The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill has reported ? (PDF/HTML/conclusions). The report recommends: ... that the Government bring forward a Bill, at the start of the...
- Prisoner Voting ~ Strasbourg Has Spoken
Updated 23rd May: As was said in another case, Strasbourg has spoken ! ("Argentoratum locutum" - per Lord Rodger in Home Secretary v AF No.3 at para 98). This time, the Grand Chamber of the European Court of Human Rights has handed down judgment...
- House Of Lords Reform
House of Lords Reform Draft Bill The Deputy Prime Minister (The Rt. Hon Nick Clegg MP) has presented a draft House of Lords (Reform) Bill to Parliament. The Bill is to be considered in a committee which will report in early 2012. The proposal...
- Prisoners And The Right To Vote
Voting for prisoners has now moved up the government's reform agenda. The idea is unpopular in some quarters because there is a view that those serving sentences of imprisonment have lost the moral right to participate in the government of...