Law and Rights
On Wednesday (6th November) a Joint Committee of both Houses of Parliament resumed its work considering the draft Prisoner Voting (Eligibility) Bill. The Bill contains 3 options but also notes that there 'will no doubt be other possible options.' The options put forward are: a ban for prisoners sentenced to 4 years or more; a ban for prisoners sentenced to more than 6 months or a ban for all convicted prisoners. The third option is, of course, the status quo and cannot be compatible with the European Convention on Human Rights Protocol 1 Article 3 in the light of the Strasbourg case law (e.g. Hirst No 2) and note the Supreme Court's recent decision in Chester and McGeogh. In our domestic law, it is open to Parliament to legislate contrary to the European Convention but doing so in this matter will place the UK in breach of its international obligations.
The committee took
evidence from the Secretary-General of the Council of Europe Thorbjorn Jagland and also from Dominic Grieve QC the Attorney-General. A full viewing of the session is recommended. Parliament was reminded strongly of the need for the UK to abide by its obligations. As Mr Jagland noted - ?If the United Kingdom doesn?t implement a judgement from the court, it would set a bad example. If the convention system is weakened or dissolved then it will harm human rights for millions of citizens on this continent and it will give much more cover to those who want to have more power at the expense of the people.? Mr Jagland also noted that defiance, or even withdrawal from the convention system, is ?inconceivable,? given the United Kingdom?s role, as a ?founding father? of European human rights protection after the Second World War and its reputation as a global defender of treaty obligations.'
The Attorney-General warned the committee that flouting European judges over prisoner voting would risk international "anarchy." Whilst sticking to international rules could be "irksome" at times, it had been the "settled view" of British governments for centuries that such obligations should be met - Telegraph 6th October
Both Mr Jagland and Mr Grieve sought to encourage the committee to consider the wider international implications of deliberately retaining the status quo (i.e. Option 3) and thereby denying prisoners the vote.
Some members of the committee were not at all sure that any action will be taken during the current Parliament and some clearly did not want to see any form of voting for prisoners. From the viewpoint of the UK's reputation, it is to be hoped that wiser counsels prevail. Mr Grieve made it clear that, as things stand, either Option 1 or 2 would appear to meet the UK's obligation though the possibility of a future case at Strasbourg deciding otherwise could not be entirely ruled out.
Observations from the Council of Europe were submitted to the joint committee in October.
See also the article by Joshua Rozenberg in The Guardian 6th November
Dr Howard Davis? post - here.
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Law and Rights
Parliament ~ Prisoner Voting ~ Evidence from Secretary-General of the Council of Europe and the Attorney-General
The committee took
evidence from the Secretary-General of the Council of Europe Thorbjorn Jagland and also from Dominic Grieve QC the Attorney-General. A full viewing of the session is recommended. Parliament was reminded strongly of the need for the UK to abide by its obligations. As Mr Jagland noted - ?If the United Kingdom doesn?t implement a judgement from the court, it would set a bad example. If the convention system is weakened or dissolved then it will harm human rights for millions of citizens on this continent and it will give much more cover to those who want to have more power at the expense of the people.? Mr Jagland also noted that defiance, or even withdrawal from the convention system, is ?inconceivable,? given the United Kingdom?s role, as a ?founding father? of European human rights protection after the Second World War and its reputation as a global defender of treaty obligations.'
The Attorney-General warned the committee that flouting European judges over prisoner voting would risk international "anarchy." Whilst sticking to international rules could be "irksome" at times, it had been the "settled view" of British governments for centuries that such obligations should be met - Telegraph 6th October
Both Mr Jagland and Mr Grieve sought to encourage the committee to consider the wider international implications of deliberately retaining the status quo (i.e. Option 3) and thereby denying prisoners the vote.
Some members of the committee were not at all sure that any action will be taken during the current Parliament and some clearly did not want to see any form of voting for prisoners. From the viewpoint of the UK's reputation, it is to be hoped that wiser counsels prevail. Mr Grieve made it clear that, as things stand, either Option 1 or 2 would appear to meet the UK's obligation though the possibility of a future case at Strasbourg deciding otherwise could not be entirely ruled out.
Observations from the Council of Europe were submitted to the joint committee in October.
See also the article by Joshua Rozenberg in The Guardian 6th November
Dr Howard Davis? post - here.
- 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...
- Law Officers Of The Crown
Prime Minister David Cameron has reorganised his government. "Reshuffle" is the more usual word but this is hardly a "reshuffle" - more like a cull. New faces, including a considerable number of women, have been appointed to Ministerial Office. ...
- 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...
- Legal Miscellany
Supreme Court UK ~ 16/10/13The Royal Charter on the Press: Head of Legal Blog has published an item examining in some detail the drafting of the Royal Charter on Self Regulation of the Press. See also High Tomlinson QC at Inforrm's blog - Leveson,...
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In Hirst v United Kingdom (2004) 38 EHRR 40 a Chamber of the European Court of Human Rights ruled that the U.K.'s blanket ban on convicted prisoners voting in elections was in breach of the Convention. That decision was confirmed by the Grand...