Parliamentary Voting System and Constituencies Bill

Lord Browne of Ladyton Excerpts

Monday 13th December 2010 Lords Chamber

[Lord Browne of Ladyton]

My Lords, like my noble friend Lord Grocott, I had not intended to speak in this debate but he encouraged me to do so with his introductory remarks. I rise to do two things. First, I remind your Lordships that, far from the European Convention on Human Rights being some foreign, European imposition on our culture, it was in many ways our post-war gift to the rest of Europe. The convention was largely drafted by British jurists. The structure that was put in place to enforce those conventional rights was part of that gift, which we encouraged upon the rest of Europe. This is a very British thing to do in many ways. It has taken decades for this issue to come before the court and for the court to give its opinion and impose back upon us, as it were, an interpretation of those rules that allows prisoners the legal right to vote. It has its roots in our own jurisprudence and legal thought. We should not in any sense blame this on others or suggest that it is being imposed on us.

Secondly, I support and commend my noble friend Lord Foulkes for raising this issue here, although it will not result in amendment of the Bill or in the opportunity, at last, for us to live up to the consequences of the judgment, do what will inevitably need to be done and deal with the issue—to grasp the nettle, as another noble Lord suggested. However, it gives the coalition Government’s Front Bench an opportunity to reassure your Lordships’ House that we will not find ourselves in a situation where they give either a subset or all of this group of people a vote by decisions made through legislation in this House, and then immediately deny those persons their say in a referendum. That would be an entirely inconsistent position. I look for assurances from the noble Lord, Lord McNally, that the Government will do everything they can to ensure that, if they intend to give prisoners or any class of prisoners the vote, the legislation will allow prisoners to express their preference in a referendum.

There are several practical considerations. For example, in the other place I represented a constituency that had a large prison in it. Working out whether those people were best served by maintaining their relationship with the Member of Parliament who represented them in their home patch or whether they were my constituents for the issues that they raised with me, exercised my mind on many an occasion. These issues have to be resolved and worked through and they are by no means straightforward.

I remember being told many decades ago by a governor of Barlinnie prison that part of the problem was that we had not appreciated that we send people to prison as punishment, not for punishment. This was at a time when the Scottish prison system was in complete turmoil; we were caging people within cells in Porterfield prison in Inverness to control their behaviour. Many people are punished further than the courts intend by being denied that right and that responsibility when they are in prison. For the bulk of our prison population, whether they lose their vote is entirely a matter of luck. Most of them are in and out in such a short period that, if there is a coincidence of an election, it is entirely a matter of luck—to do with how their case is dealt with, the time involved and the proceedings—whether they are denied a vote. It is not as if everybody who is convicted of a crime between elections is denied a vote in the next election; it is entirely a matter of random luck. The sooner we resolve the issue, the better. The opportunity that my noble friend has given us to air some of these issues has benefited this House and the debate. I commend him once again for introducing this matter.

[Lord Lloyd of Berwick]

My Lords, I can be very brief, mainly because I have not so far taken any part in the issue which has been urged for so long and so very effectively by the noble Lord, Lord Ramsbotham. However, I have listened to the debate this afternoon, and it seems to me that by supporting the amendment we will be taking at least a step in complying with the judgment of the European Court of Human Rights which has been outstanding for so long. It may not be the best solution—I do not know whether it is or not—but, on the principle of half a loaf being better than no bread, I lend my support to the amendment.

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[Lord McNally]

If the Lord Chancellor said it, he must have been speculating.

[Lord Browne of Ladyton]

Taking into account the very wise advice from the Minister’s noble and learned friend Lord Mackay of Clashfern, I think that the Committee is entitled to ask the noble Lord for an assurance that the Government will promote legislation according to a timetable that does not leave this country in the ridiculous position of agreeing to allow prisoners the vote when the referendum is imminent but denying them the vote in the referendum.

[Lord McNally]

My Lords, if there were a general election next January, prisoners would not get the vote even if the Government had announced their intentions in December. The two things are separate. The Government will announce their intentions on prisoner voting and it will be handled in the proper way with a Statement in both Houses. As I said, the usual channels will find an opportunity for a full debate and in due course legislation will probably be brought forward. However, that legislation is separate from the legislation currently before the House, which is why—