Voting by Prisoners

Edward Leigh Excerpts

Thursday 10th February 2011 Commons Chamber

[Mr Jack Straw (Blackburn) (Lab)]

I rise to support the motion in the names of the right hon. Member for Haltemprice and Howden (Mr Davis), the hon. Member for Esher and Walton (Mr Raab), other hon. Members and myself. I should perhaps explain that the hon. Member for Esher and Walton underwent an operation yesterday and is hoping to be present later today, such is his interest and, as a former Foreign Office lawyer, his expertise in this issue. I thank my hon. Friend the Member for North East Derbyshire (Natascha Engel) and the Backbench Business Committee for choosing our motion for today’s debate.

At the heart of this debate is a conflict of principles, which sometimes have to be faced in politics and by Governments. On the one hand, there is the issue of whether convicted prisoners should be allowed to vote while serving their sentence. On the other, there is the question of how we meet out treaty obligations in respect of the Council of Europe, the European convention on human rights and the Court in Strasbourg. I will deal with those points in turn.

A ban on convicted prisoners voting while in jail has existed in this country at least since 1970. Post-war, the question has been considered under a Labour Administration in 1968, a Conservative Administration in 1983 and a Labour Administration in 1999-2000. On each occasion, the position was confirmed by an overwhelming cross-party consensus. On each occasion, amendments could easily have been moved in the House by those who supported an end to the ban, and voted on. On none of those occasions, and on no other occasion that I can recall, has this ever been a matter of active pursuit for Members of any party in this House. Significantly, and to echo the point made by the hon. Member for Harwich and North Essex (Mr Jenkin), neither I nor my staff can recall one letter, among the hundreds of complaints from prisoners with which I have dealt in my 32 years in this House, calling for the right to vote from prison.

I turn to the European convention on human rights and the Strasbourg Court’s decisions. The convention was drafted principally by distinguished British jurists, including David Maxwell Fyfe, who was later Home Secretary and Lord Chancellor in Conservative Administrations. The convention is a fine statement of what we all understand to be fundamental human rights. As an instrument, it has stood the test of time, and I strongly support it. One key problem for many years after the convention was agreed in 1951 was that, in contrast to most signatory states, it was not incorporated into our domestic law. That meant that the United Kingdom was much less likely to be given the latitude offered to other countries—the so-called margin of appreciation—by the Strasbourg Court, because our courts were not able to adjudicate on the convention’s articles.

[Mr Edward Leigh (Gainsborough) (Con)]

With respect to the right hon. Gentleman, is the problem not that his Government got us into this mess by incorporating the convention into our law? There is no way out now for this Government. There is a queue a mile long of people on no win, no fee cases, waiting to sue the Government. What is he going to do about it?

[Mr Straw]

I spelled that out in The Times this morning, and I was just about to come on to that point. I am grateful for the cue from the hon. Gentleman.

The Human Rights Act 1998 is part of the solution to the problem; it was never part of the problem. I shall explain why. We have not been able to enjoy the margin of appreciation and our courts have not been able to adjudicate on the convention’s articles. The first attempt to deal with that issue in the House was made in 1987 by the then Conservative Member of Parliament, the late Sir Edward Gardner, QC. His private Member’s Bill failed after receiving considerable Back-Bench support from all parts of the House, but scepticism from those on the Government and Opposition Front Benches. Ten years later, I was privileged to do what Ted Gardner had begun with what became the Human Rights Act 1998. In the end, it gained all-party support, as proceedings on Third Reading show.

Importantly for this debate, and to answer the hon. Member for Gainsborough (Mr Leigh), the White Paper preceding the Human Rights Act was entitled “Rights Brought Home”. It was about repatriating British rights in the convention that we had provided for other countries in Europe, but that were not available to our own citizens.

--- Later in debate ---

[Mr Streeter]

I completely agree and I intend to address that point in a moment.

We decided in this country centuries ago that convicted criminals should not have the right to vote, and I support that decision. After all, the punitive element of incarceration is the denial for the time being of certain rights and privileges that our citizens enjoy. We decided long ago that in addition to surrendering their liberty, convicted criminals while in prison would also give up their right to vote. That was the case in 1953 when the treaty on human rights was signed, and it remains the case.

What has changed since 1953? The answer is simply this: the European Court of Human Rights decided in 1978 that it could interpret the convention as a living document and effectively create law rather than purely reflect the provisions of the original convention.

[Mr Leigh]

There appears to be some sloppy thinking here. I oppose incorporation into our law, but the Supreme Court will always uphold prisoners’ appeals because we cannot pick and choose between the judgments we like and those we dislike. I am afraid that that is the law.

[Mr Streeter]

If my hon. Friend exercises a little patience, I will give him the solution before my five minutes are up. I can assure him that there is no sloppy thinking down this end of the Chamber.

The rights taken to itself by the ECHR is the clearest case of mission creep that we will ever see. It is the ECHR’s decision to award itself more power—much more power than the authors of the convention ever intended—that we must challenge today. That decision has led to a steady trickle of judgments and pronouncements over the past 30 years that have frequently left the British public baffled and extremely angry.

That is the real problem with the ECHR conducting itself in that way. Yet again, it has undermined the authority of this House, which leaves us wringing our hands hopelessly on the sidelines, and widens the gap between the electorate and their Parliament. If we, the people whom they send here on their behalf, cannot change things, what is the point of us being here, and therefore, what is the point of them voting?

--- Later in debate ---

[Mr Leigh]

It seems that everyone who has spoken so far is trying to have their cake and eat it. They all say that they want this incorporated into our law, but they do not like this particular judgment. They think that a debate will solve the problem. If the vote goes against us this afternoon, will the Attorney-General do the right thing and withdraw us from our incorporation in the convention?

[The Attorney-General]

My hon. Friend takes a very absolutist stance, although I have heard him utter such a view before. That is not Government policy, however.