Voting by Prisoners

Kate Green Excerpts

Thursday 10th February 2011 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

It is a little unnerving to find myself disagreeing with so many right hon. and hon. Members and with a substantial proportion of public opinion, but I firmly believe that we must rescind the ban on a prisoner’s right to vote. I have listened to the arguments on the law and the role of the European Court. It has been suggested that the Court is extending its brief and seeking to prevail over the will of this Parliament and stretch the ambit of the convention beyond the fundamental human rights that it was originally set up to address. I see this in a rather different context—namely, as an opportunity to maintain and extend our understanding of human rights over time. There has never been a time when much of the popular will has been directed towards driving up protections and rights for prisoners. That is why it is important that the Court and our belonging to the convention should exert outside pressure to challenge us to go further in the name of social progress.

It has been argued that our standards are already among the highest, and in some respects they are, although not in respect of a prisoner’s right to vote. In many other countries, that right is extended either wholesale or on a more generous basis than it is here in the UK. It is absolutely right that we should aspire to the very highest standards in the rights that we afford people. The philosophical importance of convention rights is that they extend protection to minorities, even the undesirable ones that we do not like very much. We unpick and undermine those protections at great risk.

[Mr Stewart Jackson (Peterborough) (Con)]

Does the hon. Lady agree that the House should be able to make a value judgment between a civic right and a human right? Human rights include the right to food, shelter and family life, whereas civic rights include the right to vote. There is a distinction between the two, and surely we can make a value judgment on behalf of our constituents and exercise our right to say that one is not the same as the other.

--- Later in debate ---

[Kate Green]

My point is that this external pressure is useful, as it repeatedly questions what our understanding of human rights should be. It is too easy for us to get locked into a narrow definition and understanding of those rights that constantly looks to the past. That is what will happen if we simply sit within our own jurisdictional context and fail to look at what is going on in the wider world.

It has also been suggested that the European Court is making some poor-quality decisions. Questions have been raised about the qualifications of some of the judges and their weakness. Points have also been raised about different sentencing systems in different convention countries. Although I absolutely accept that all of that is true, it should not provide a reason on its own to weaken the overall authority of the convention and the institutions in place to police it. The convention may well not be a perfect framework, but as things stand, it offers one of the best protections of human rights that we have.

I strongly agree with the Attorney-General and the hon. Member for Carshalton and Wallington (Tom Brake) that the convention will be weakened if we start to pick and choose which bits of the Court’s findings we like or dislike. How can we expect other countries not to pick and choose if we start to do so ourselves? How can we expect prisoners not to pick and choose which laws they do or do not agree with if we do not seek to follow the rule of law?

[Several hon. Members]

rose—

[Kate Green]

I am running short of time and I know many other Members wish to speak.

It is important to reflect on how to determine the balance when it comes to extending civil rights to those who disregard the laws of the land. That is a valid question which Members have raised. However, when it comes to setting sanctions in our criminal courts, I would start with the sentencing framework, the approach to sentencing and the identification of sentencing objectives that we already have in place in our criminal justice system. Sentencing should be proportionate and relevant; it is not clear that in all cases removing the right to vote would necessarily apply to all crimes.

It is true, as some hon. Members have suggested, that removing the right to vote might address sentencing goals such as punishment and possibly even deterrence, but what about the goals of rehabilitation and reintegrating prisoners into society, as others have mentioned? On that note, let us remember that so many people in our prisons are among the most marginalised and excluded in society before they go to prison, and they are often the most poorly educated, as has rightly been pointed out. I ask the Government to take the opportunity to develop good-quality programmes of prison education to address the range of factors that determine and drive social exclusion. Will Ministers identify how their thinking is developing about providing programmes to address the role and responsibilities of the citizen, as exercising the right to vote could become part of the rehabilitative process?

As I say, I am aware that these are not popular arguments—either in this House or perhaps beyond it—but I believe that there are strong arguments against the current ban. My starting point would be to have a right to vote across the piece, but to allow judges to determine where it would be appropriate to remove it and then to justify their decision in open court.