Voting by Prisoners

Debate between Baroness Laing of Elderslie and Baroness Burt of Solihull

Thursday 10th February 2011 Commons Chamber

[Mrs Eleanor Laing (Epping Forest) (Con)]

My hon. Friend the Member for Worthing West (Sir Peter Bottomley) is right in much of what he says. He does not have a lot of support in the House today, but I agree with him that we ought to have another debate to consider the issues in greater detail and singly.

This issue is far more complex than it at first appears, and certainly more than the Daily Mail and others would have us believe. There is no question of criminals who have been convicted of serious crimes being given the vote as a result of today’s debate. The ECHR does not require it, the Government do not propose it and the vast majority of the British people—and, I think, of Members of this place—are firmly against it. The Select Committee on Political and Constitutional Reform took evidence last week, and we published a short report in an attempt to inform the debate. I am pleased that my hon. Friend the Member for Devizes (Claire Perry) mentioned that, and that other Members have said that, after listening to the debate and reading the Committee’s report, they have thought about the matter more carefully than before.

The point made by the court in the case of Hirst is that

“there has to be a sufficient and discernible link between the conduct and the nature of the punishment.”

As Lord Mackay told the Committee last week,

“if somebody commits a crime of serious violence…one can argue…that is a fundamental attack on the basic human rights of the victim…and, therefore, it is perfectly reasonable, as part of the punishment, that the deprivation of the right to vote should be imposed.”

[Lorely Burt]

As I understand it, the hon. Lady is proceeding on the principle of “an eye for an eye and a tooth for a tooth”. Like the hon. Member for Glasgow South West (Mr Davidson), who is no longer in his place, I am not a lawyer, but I thought that British justice had abandoned that principle.

[Mrs Laing]

I am not saying that at all; the hon. Lady has totally misinterpreted what I have said.

Mr Hirst, who brought the case, helpfully submitted evidence to the Select Committee, in which he said that he

“calls into question the purported authority of the HoC Political and Constitutional Reform Committee to investigate a matter already decided by the highest court in Europe”.

Mr Hirst further accused me, as the acting Chairman of that Committee, of ignorance of the law. Okay, I know that it is difficult to admit it this afternoon, but I was once a lawyer. He goes on to threaten:

“Neither the Council of Europe nor I will let the UK off the hook with this one.”

Well, it is time that someone stood up to Mr Hirst, given all the taxpayers’ money that he has spent on legal aid in bringing this case, which is causing nothing but trouble for the Government, Parliament, our courts and our prisons.

Fixed-term Parliaments Bill

Debate between Baroness Laing of Elderslie and Baroness Burt of Solihull

Monday 13th September 2010 Commons Chamber

[Lorely Burt]

Will the hon. Lady give way?

[Mrs Laing]

I would like to do so, but I cannot, because other Members are waiting to speak.

The Opposition have been self-righteous in their criticism of the way in which the Government are introducing constitutional change. Let us not forget the piecemeal way in which the Labour Government brought about constitutional change. Indeed, the Constitutional Reform and Governance Bill that they introduced received about 18 months of pre-legislative scrutiny. It was introduced in the House, and completed all its stages in plenty of time. Half an hour before Third Reading, the Labour Government introduced about 100 pages of amendments. The Bill went to the House of Lords, and just before its final consideration, they added an entire new Bill on a referendum on the alternative vote. The Opposition should therefore be careful in their self-righteousness about the way in which we conduct pre-legislative scrutiny. Having said that, I agree with the hon. Member for Nottingham North (Mr Allen), the Chairman of the Select Committee—he had no responsibility for the previous Government, or very little, I think.

It is wrong to introduce constitutional change in a piecemeal fashion. We should look at the overall effect of the legislation before us, not just the particular issue that is under consideration. It is wrong, at any time, to do constitutional change in one place, then in another. We ought to look at the whole constitution to see how it is balanced. It is, however, our duty in the House to do not what is the short-term expedient but what is in the long-term right. I am willing to put aside that important principle this evening for the greater good of the stability of the coalition and the stability that that brings to our country. I therefore urge my hon. Friends to support the Bill.