Parliamentary Voting System and Constituencies Bill

Baroness Liddell of Coatdyke Excerpts

Wednesday 19th January 2011 Lords Chamber

[Lord Corbett of Castle Vale]

My Lords, in the spirit that the noble and learned Lord, Lord Mackay of Clashfern, offered the House some hours ago, I shall be relatively brief. I am encouraged by some of the remarks of the noble Lord, Lord McNally, who has accepted the advice of my noble friend Lord Rooker about not being afraid to take decisions at the Dispatch Box.

I start, unusually, by confessing that the amendment is not wholly fit for purpose on the matter of prisoners and their ability to vote. It omits to recognise that remand prisoners either awaiting trial or awaiting sentence having been found guilty are currently able to vote. After the Minister accepts the spirit of this amendment, which I anticipate he is going to do, it will give his parliamentary draftsmen no more than a fleeting diversion to put this oversight about remand prisoners right.

The amendment aims to make sure that, in the fine arithmetical balance upon which the Boundary Commission shall decide on the new constituencies, the impact of convicted prisoners and those on remand with the ability to vote shall be included in that arithmetic. The amendment assumes that only those sentenced prisoners serving a prison term of four years or less will have the vote. That matter has still to be decided by Parliament. I hope that it will be rejected and that all prisoners will be able to vote, as part of a better attempt to rehabilitate them and to reduce the expense of perpetual reoffending.

As a backdrop to this amendment, I was amazed to read in the Evening Standard tonight that my right honourable friend Jack Straw—not simply a former Home Secretary but, your Lordships will remember, as I do, a former Lord Chancellor—is now attempting, having won a debate in the other place for next month, to persuade the House that no prisoners should be given the vote, in breach and defiance of an order of the European Court of Human Rights made in 2004. It may explain why the last Government, to my disgrace and shame, did nothing to accept the judgment of that court. My right honourable friend incites Parliament to continue that disobedience. It is another slippery slope when Governments think that they can pick and choose what they do in reaction to decisions of the court of human rights and it gets us into an extremely difficult place.

[Baroness Liddell of Coatdyke]

I have not followed the issue of prisoner voting very closely, so I would be grateful if my noble friend could tell me where, if prisoners are successful in getting the vote, their vote would be. Would it be in their constituency, if they have a home somewhere, or in the place where the prison is? I ask this with some feeling, because my former constituency held one of the biggest prisons in Scotland and even with a 22,000 majority I would have been a bit nervous.

[Lord Corbett of Castle Vale]

My understanding on this matter is that prisoners will be able to vote either by proxy or by post. Where they do not have permanent home addresses, and many will not, they can use the address of the prison.

--- Later in debate ---

[Lord Tyler]

My Lords, from the information that the noble Lord, Lord Corbett, has given the Committee this evening, it sounds as though my noble friend is going to have to have a cup of tea with Mr Jack Straw if any advance is to be made on this matter.

[Baroness Liddell of Coatdyke]

My Lords, I had not intended to speak on this amendment. I have to be absolutely honest and say that I have not followed in great detail the question of prisoners and voting, although the noble and learned Lord, Lord Mackay, very succinctly put the issues into context. I should say that I have a bit of an interest, having been a former non-executive director of the Scottish Prison Service and having a major prison with a secure unit in my constituency. I suppose that I have also just spent almost five years in a form of penal colony, so these are issues in which I tend to take an interest.

However, there is a very specific point to be made on where the vote of a prisoner is held. Perhaps the noble Lord, Lord Thomas, does not know that one of the most heinous crimes that a Member of Parliament can commit is to take up an issue for someone who is the constituent of another Member of Parliament. It is a problem that Ministers in particular face. I do not know what other former Members of the other place did. I had a sign in my office, and I know that many Members of Parliament have an attachment to their e-mail saying that they cannot take up the issue of someone who is a constituent of another Member of Parliament. Perhaps the noble Lord, Lord McNally, would address the consequences of an increased number of people on the electoral register from prisons. Presumably they would have postal votes. If their prison is within a particular constituency, what would be the impact of that on the overall size of the constituency? There should be clarity for Members of Parliament who wish to know whether they are taking up an issue for someone from another constituency.