Voting by Prisoners

Ian Davidson Excerpts

Thursday 10th February 2011 Commons Chamber

[Mr MacShane]

I will not give way because of this five-minute limit.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Speak up for Brussels!

[Mr MacShane]

The ECHR is not in Brussels, as my geographically slightly ignorant hon. Friend says from a sedentary position.

The ECHR has worried at this bone for years, just as it did over beating children at school. Who wants to bring that back?

--- Later in debate ---

[Mr MacShane]

I hope that hon. Members will forgive me, but we only have five minutes each, and I do not want to overrun.

Traditional social and political liberalism has now been replaced by a raw economic liberalism—or perhaps a Labourist punitionism—since May 2010. There are no Roy Jenkins, no Jo Grimonds, no Michael Foots and no leading Liberals such as the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy) and the right hon. and learned Member for North East Fife (Sir Menzies Campbell) to stand up for unpopular or even lost causes. The press has only to indicate its displeasure at a proposal for giving prisoners serving short sentences the right to vote, and MPs of all parties queue up to join this illiberal campaign. Populist illiberalism is the new politics of much of the continent, and it is a shame to see it arrive in the Commons. I hope that my country does not tear up the treaty or quit the Council of Europe. However, the fact that we are having this debate shows how far we have moved from the promotion of human rights that Winston Churchill and his successors up to May 2010 always believed in.

[Mr Davidson]

Is not the right hon. Gentleman, who speaks on behalf of the people of Rotherham and Berlaymont Central, in fact reflecting his own desire to be a controversialist, rather than the opinions of his own constituents?

[Mr MacShane]

When the day comes that any right hon. or hon. Member cannot express his point of view in the House of Commons on the basis of sincere beliefs, frankly we have a real problem with this, our House of Commons.

--- Later in debate ---

[The Attorney-General]

I am grateful to my hon. Friend, who is absolutely right; I have not had time to develop the point. Quite simply, negotiations have taken place concerning the difficulties facing the Court, in which the different countries making up the Council of Europe are, in many ways, expressing the common view that the Court is not functioning properly. Quite apart from anything else, there is a backlog of 120,000 cases. This matter is therefore not being ignored by the Government; we would like to make some progress to see whether reform can be achieved.

[Mr Davidson]

rose—

[The Attorney-General]

If Mr Deputy Speaker does not stop me, I shall give way.

[Mr Davidson]

Does the Attorney-General accept that, in being a lawyer, he has the problem of over-complicating matters? [Laughter.] Is not the basic issue whether we in this country should decide our line on whether prisoners should be able to vote—or should it be decided by somebody else? Where do the Government stand on that question?

[The Attorney-General]

The object of lawyers is to take people’s concepts and to try to navigate them to their correct destination, if at all possible. [Interruption.] In this case, there is no specific financial benefit, however pleasant it would be to be able to charge a special fee to my Government colleagues for appearing here this afternoon. I do not think that they would have condescended that to me.

I hope that what I have said has been of assistance to the House. I look forward to hearing the rest of the debate and, above all, to helping the House further if I can during the course of it.

--- Later in debate ---

[Chris Bryant]

Indeed, the Court itself has made it clear in successive judgments that a whole series of matters would determine how a national legislature decided to approach the issue of voting. The proportional representation issue has been raised in the debate, but that is not a matter of particular concern to the Court. Matters of concern to it include the history, tradition and pattern of voting. The Court has always accepted that, which is why a lot of us are very keen to make sure that the wriggle room that is allowed—the margin of appreciation to use its term—is as extensive as possible.

[Mr Davidson]

Does my hon. Friend accept that the criteria we ought to adopt are not simply about votes for prisoners, but votes for the guilty? The guilty includes two categories: those who are sent to prison and are therefore prisoners, and those whom it has not been deemed appropriate to put in prison. This House and other institutions constantly review the question of who is to be sent to prison and who is not, so there is constant evolution on this matter.

[Chris Bryant]

My hon. Friend makes a remarkably subtle and nuanced point, which is unusual for him. [Interruption.] I think he knows that I mean that in the kindest way. Following on from his point, I would add that the Court has been wrong to assert that we have a blanket ban in the UK. As has already been said by several speakers, we do not ban those on remand, or those who are in prison by virtue of contempt of court or for fines. It is therefore not a blanket ban, and I think the Court should have taken that into consideration.

I want now to refer briefly to the Government’s record, as they have hardly covered themselves in glory. [Interruption.] I was not going to make these points until the Attorney-General decided to attack the previous Labour Government; I had crossed these remarks out, but I have now decided to reinstate them.

In opposition, one Conservative right hon. and learned Member dismissed the idea of prisoners’ votes as “ludicrous” and said that

“it will bring the law into disrepute and many people will see it as making a mockery of justice”.

I think many people would agree. The right hon. and learned Member who said that was the current Attorney-General. He also said that

“there is no reason why our courts should be bound by Strasbourg Court jurisprudence”

and

“the obligation on the UK to respect Strasbourg Court adverse decisions, in a particular case to which it is a party, is an international treaty obligation and not a legally enforceable matter at all.”

I do not think that is quite what he said this afternoon.

--- Later in debate ---

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

I wish to echo the remarks of the hon. Member for Cleethorpes (Martin Vickers), who started off by saying that he was not a lawyer, but I would go further. Not only am I not a lawyer, I have never been a lawyer, and I have no intention of ever becoming a lawyer. As far as I am aware, no one in my family unto the nth generation has ever been a lawyer.

We are in danger of turning this debate, which is about basic, simple questions, into a lawyers’ talkfest. There is always in tendency in these circumstances for lawyers to show how clever they are by overcomplicating the basic issues at stake. The essentially simple questions are these: should prisoners be allowed to vote, and who should decide?

On the first question, I am clear that prisoners should not be allowed to vote. That is the view of the vast majority of Labour party members and voters up and down the country—there is no doubt about that. As I indicated earlier, we take the view that prisoners are a sub-set of those who have been found guilty. For that comment I was denounced by my hon. Friend the Member for Rhondda (Chris Bryant) for being too subtle, of which, it must be said, I have not often been accused.

[Chris Bryant]

I said, “Not too subtle”!

[Mr Davidson]

The distinction between “Not too subtle” and “Too subtle” is too subtle for me, I must confess.

Our system decides who of the guilty should be sent to prison and who should not. That way of subdividing the guilty is perfectly acceptable to me. Those who are deemed to be prisoners have been found to have broken the civic contract that operates between members of society and the society in which they live. I am therefore clear that the vast majority of our people are hostile to prisoners voting.

The second question is this: who decides? I do not think that this is a judicial decision or a legal matter; it is a political decision about who should decide, and I am clear that we in this country should decide who should vote in our elections, rather than somebody external to this country. I was denounced earlier when I called on the Member for Doncaster and Brussels Berlaymont to speak up for Brussels—

[Mr Straw]

Rotherham.

[Mr Davidson]

Rotherham sorry. Again, perhaps I do not know the distinction. When the Member for Rotherham and Brussels Berlaymont, my right hon. Friend the Member for Rotherham (Mr MacShane), was sounding off, I said, “Speak up for Brussels.” His key response was, “Well, it is not physically or geographically in Brussels”—so presumably all my arguments failed. It is not a question of geography though; it is a question of mindset. There is a Brussels mindset, irrespective of where it is physically located, that basically says that European is best and that there is a political elite in Europe that knows better than we do in this country how our country should be run. We have to say, “Up with this we will not put.” Enough is enough. In these circumstances, we ought to be saying that we wish to repatriate these powers, if they need to be repatriated, and if it is a question of ceasing or stamping on judicial activism by the European Court, that is what we need to do.

This issue should not be seen in isolation. Only today, in The Scotsman—so it must be true—the headline read: “Euro rule lets 900 accused escape justice. Judgment over human rights leads to ten prosecutions being dropped every day in Scotland.” The system in Scotland has done us fine for years, but here we have an example of the EU or its various arms, based in Brussels, Strasbourg or somewhere else—someone external—coming in and telling us how we should run our own affairs. As I said before, we ought to be sending the clear message that, “Up with this we will not put”, and that we will reject the influence of the Court as it constantly creeps across the United Kingdom.