Prisoners (Voting Rights) Debate

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Department: Cabinet Office

Prisoners (Voting Rights)

Lord Barwell Excerpts
Tuesday 11th January 2011

(13 years, 4 months ago)

Westminster Hall
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Tom Brake Portrait Tom Brake
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Those exceptions notwithstanding, the view of the European Court of Human Rights is that the blanket ban that applies to all other categories of prisoner is so great that it requires the Government to take action.

Lord Barwell Portrait Gavin Barwell (Croydon Central) (Con)
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On a point of principle, does the hon. Gentleman think that the judges of the European Court should ultimately determine what happens—or should it be the Members of this House, who are elected by their constituents?

Tom Brake Portrait Tom Brake
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The fact is that we abide by the rules of the European Court of Human Rights, and it has ruled that the Government should take action. I believe, as does the hon. Member for Stretford and Urmston, that it is appropriate for the Government to do so. The hon. Gentleman may disagree, as may others, but they take the debate slightly away from the right of prisoners to vote to the subject of the European Union, on which there will be a longer debate—[Interruption.] I mean aspects of the European Court and human rights that will be the subject of another debate in the main Chamber.

It is right that the Minister should clarify why four years was chosen. In the briefings that I have seen, the justification is that four years is the cut-off point between a short-term prison sentence and a long-term one. I have seen no other argument for why that threshold should have been chosen. The Minister should respond to that point.

The Minister should also respond to the hon. Member for Kettering and others, who said that concern had been expressed that compensation might have to be paid. If a total of 85,000 prisoners claimed £750 compensation, it could amount to tens of millions of pounds. The Minister will have heard that some accuse the Government of making up the figures. I hope that he will tell us where the information about these potential compensation claims came from and say whether he stands by the contention that the Government might be liable for a large number of claims if no action is taken.

I hope that the Minister will also explain why the voting rights that he proposes are to apply to Westminster and European elections only, and not to other polls. If the Government were to allow prisoners to vote in local elections exclusively, it could be argued that prisoners would be less able to influence the Government’s prison agenda if they could vote only in local council elections. I would be interested to hear why those two elections were chosen.