Prisoners: Voting Rights

Lord Dubs Excerpts

Thursday 22nd November 2012 Lords Chamber

[Lord McNally]

My Lords, the list of questions raised by the noble Baroness illustrates why this has been a very difficult issue. The issue of prisoners with mental illnesses has been looked at separately, but parallel, to this. However, the level and seriousness of illness has been a concern and that is why there are a range of options. I hope that when the Joint Committee is set up it will look at some of these issues and take evidence from a wide range of people with experience and expertise. I pay tribute to the noble Baroness’s personal expertise and experience in this area. Some serious examination is needed now based on good analysis and well informed opinion from people with experience. That then needs to be synthesised by the Select Committee into a well informed recommendation to Parliament. It is a sensible process and the indications are that all sides of the House will pay their part constructively.

[Lord Dubs]

My Lords, when I was on the human rights committee we visited the European Court of Human Rights in Strasbourg. It was concerned that Britain, which had previously implemented all decisions of the European court, would give encouragement to the notorious abusers of human rights around the world by not implementing this one. Will the Minister comment on that? Will he further comment on a letter dated 30 August 2011 that was sent from the European court to the British Government? The final paragraph of the letter states:

“The Chamber would therefore regard as reasonable an extension of six months after the date of the Grand Chamber judgment in Scoppola (no 3) for the introduction of a Bill to Parliament”.

Not a draft Bill; not a committee for the introduction of a Bill to Parliament. Surely we have missed the boat already.

[Lord McNally]

No, I do not think we have missed the boat already. In neither House have we pretended that this is an easy issue to deal with. If there was a consensus on what to do, we would have dealt with it quickly and early. However, we have conflicting views and we are taking this forward.

I agree with the noble Lord on one thing. I heard Mr David Davis in the other place say that what we do on this would be a precedent, and he is quite right. If the United Kingdom were to decide on a “pick-and-mix” attitude to the rulings of the court and the application of human rights, others would gleefully grab that example when we try to take them to task. I did not agree with the noble Baroness when she was rather dismissive of the progress we made in Brighton in reforming the court. I do not think that anybody has denied that the court needs reform and we made great progress there that is ongoing.

The most significant thing for me was the day after the declaration was signed when the Attorney-General hosted a tour de table where each of the responsible Ministers from the Council of Europe gave an explanation and a justification of how they were implementing the convention. Here was a Russian Minister—I know Russia is not perfect—explaining and justifying its stewardship of the ECHR. I am old enough to remember meetings with the old Soviet Union when any attempt to raise human rights was taken to be an interference in its internal affairs and could not be discussed. I consider it tremendous progress by the convention and by the Council of Europe.