Parliamentary Voting System and Constituencies Bill

Lord Corbett of Castle Vale Excerpts

Wednesday 19th January 2011 Lords Chamber

Moved by

[Lord Corbett of Castle Vale]

66BA: Clause 11, page 9, leave out lines 25 to 27 and insert—
where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule 6, and P is the population of prisoners who at the time of Royal Assent are serving prison terms of 4 years or less”

[Lord Corbett of Castle Vale]

My Lords, in the spirit that the noble and learned Lord, Lord Mackay of Clashfern, offered the House some hours ago, I shall be relatively brief. I am encouraged by some of the remarks of the noble Lord, Lord McNally, who has accepted the advice of my noble friend Lord Rooker about not being afraid to take decisions at the Dispatch Box.

I start, unusually, by confessing that the amendment is not wholly fit for purpose on the matter of prisoners and their ability to vote. It omits to recognise that remand prisoners either awaiting trial or awaiting sentence having been found guilty are currently able to vote. After the Minister accepts the spirit of this amendment, which I anticipate he is going to do, it will give his parliamentary draftsmen no more than a fleeting diversion to put this oversight about remand prisoners right.

The amendment aims to make sure that, in the fine arithmetical balance upon which the Boundary Commission shall decide on the new constituencies, the impact of convicted prisoners and those on remand with the ability to vote shall be included in that arithmetic. The amendment assumes that only those sentenced prisoners serving a prison term of four years or less will have the vote. That matter has still to be decided by Parliament. I hope that it will be rejected and that all prisoners will be able to vote, as part of a better attempt to rehabilitate them and to reduce the expense of perpetual reoffending.

As a backdrop to this amendment, I was amazed to read in the Evening Standard tonight that my right honourable friend Jack Straw—not simply a former Home Secretary but, your Lordships will remember, as I do, a former Lord Chancellor—is now attempting, having won a debate in the other place for next month, to persuade the House that no prisoners should be given the vote, in breach and defiance of an order of the European Court of Human Rights made in 2004. It may explain why the last Government, to my disgrace and shame, did nothing to accept the judgment of that court. My right honourable friend incites Parliament to continue that disobedience. It is another slippery slope when Governments think that they can pick and choose what they do in reaction to decisions of the court of human rights and it gets us into an extremely difficult place.

[Baroness Liddell of Coatdyke]

I have not followed the issue of prisoner voting very closely, so I would be grateful if my noble friend could tell me where, if prisoners are successful in getting the vote, their vote would be. Would it be in their constituency, if they have a home somewhere, or in the place where the prison is? I ask this with some feeling, because my former constituency held one of the biggest prisons in Scotland and even with a 22,000 majority I would have been a bit nervous.

[Lord Corbett of Castle Vale]

My understanding on this matter is that prisoners will be able to vote either by proxy or by post. Where they do not have permanent home addresses, and many will not, they can use the address of the prison.

[Lord Anderson of Swansea]

I yield to no one in my admiration for the right honourable Jack Straw as both a former Foreign Secretary and a former Lord Chancellor, but can my noble friend say whether Mr Straw has attempted to make any calculation of the aggregate of fines that this country would incur if all the relevant prisoners were to take us to the European Court of Human Rights?

[Lord Corbett of Castle Vale]

My noble friend has reminded me of a point that I meant to make. At the moment there are 2,500 outstanding claims of compensation by prisoners being denied the vote, which, if they were proceeded with and accepted, would cost the taxpayer £100 million to meet.

This is not the time or place to debate at length the merits of votes for prisoners, but surely it is time that this outdated sentence of civic death upon prisoners was removed. It was imposed under the Forfeiture Act 1870, although in my opinion it should never have been, and it has lingered for far too long. As I said earlier, the European Court decided in 2004 that the blanket ban on the ability of convicted prisoners to vote was unlawful and should be removed. I much regret that the previous Government did not obey that judgment, and welcome the fact that this Government plan to do so.

It is all about enabling prisoners to take civic responsibility, which chimes in well with the extra emphasis by the Secretary of State for Justice on better attempts at rehabilitation to reduce the expensive and alarming rates of reconviction. Up to 70 per cent of prisoners are reconvicted within two years of release, surely the most enormous waste of taxpayers’ money going.

It is time for change and time to ensure that the number of prisoners anticipated under the proposed government legislation be entitled to vote, and those prisoners on remand from wherever they are on the electoral roll should not be overlooked when the maths is being done by the Electoral Commission to determine the new constituency boundaries.

[Baroness Smith of Basildon]

Before my noble friend sits down, would he answer a question for me? In looking at his calculation of how many additional prisoners would be entered on to the electoral roll, is he aware of any estimate of how many prisoners were not on the electoral roll prior to them going to prison? There is a case to be answered that a number of prisoners who get into a life of crime lead somewhat chaotic lives and may never have voted or be on the electoral roll in the first place.

[Lord Corbett of Castle Vale]

I accept my noble friend’s point. Part of this touches on our earlier debates about the accuracy of the electoral register. It may well be that prisoners in that position should be encouraged to get on the electoral roll from the only address that they currently have, which would be prison.

[Lord Knight of Weymouth]

My Lords, I have added my name to my noble friend Lord Corbett’s amendment, even though in many ways I disagree with the stance that he takes on prisoners’ voting. My instincts would be to agree with the noble Lord, Lord Filkin, when he was Parliamentary Under-Secretary at the Department for Constitutional Affairs as was; when he announced that the Government of the day were appealing against the European Court’s ruling in 2005, he said that,

“it has been the view of successive governments, including this Government, that persons who have committed crimes serious enough to warrant a custodial sentence should forfeit the right to have a say in how the country is governed while they are detained”.—[Official Report, 14/7/04; col. 1242.]

That is a sentiment that I can certainly agree with. Indeed, as the Secretary of State for Justice is currently pursuing a progressive path of trying to ensure that fewer prisoners are locked up, it follows that those who remain in prison will be there for more serious offences, and in my view that in turn somewhat lessens the argument for votes for prisoners. That does not mean that I am not in favour of rehabilitation and that I do not think that there is a good principled argument to be made, but I happen to disagree with it. However, as my noble friend said, we should not rehearse the arguments at any length tonight.

However, in the context of this Bill, the Government have to allow for prisoners when deciding the boundaries for future general elections, given that the Prime Minister has said that he reluctantly accepts that he has to bow to the European court ruling in the case of John Hirst. This amendment enables me to ask the Minister a few questions that are directly pertinent to the Bill. First, the amendment refers to prisoners who are serving a term of “4 years or less”. What is the Government’s view on whether all prisoners should get the vote, as my noble friend has argued? What is their view on whether it should be given to those who are serving shorter prison terms? The amendment mentions four years but it could be two years or six months. Does the Minister think that the vote should be given to those prisoners who are coming towards the end of a sentence, however long the initial sentence was, and that that would be consistent with looking to rehabilitate them back into society?

Secondly, what is the right number of years? Does the Minister have a nice round figure that he might want to share with us, given that we have talked a lot about other round figures when discussing the Bill? My third question relates to the question that my noble friend Lady Liddell asked of my noble friend Lord Corbett in relation to the location of prisons. I hope that my noble friend gave the correct answer in that respect. When I was the Member of Parliament for South Dorset, I represented two prisons for some of the time and three prisons for another part of the time because the prison ship was located in my constituency, which meant that there were up to about 1,500 prisoners in my constituency. I would not have relished canvassing them and I certainly would not have relished the casework implications of representing the inmates in the various prisons. Some of them occasionally wrote to me. Contrary to what the Minister said about MPs representing absolutely everybody in their constituency, I am afraid that I tended to try to duck the casework involved with the issues that the prisoners raised as it would have occupied all my staff’s time and would have constituted a very slippery slope for me and for them. In addition, South Dorset was a very homogenous community in terms in ethnicity and religion with the exception of the prisoners. The majority of the inmates of the Portland young offender institution come from London and reflect the ethnicity and different religious make-up of London rather than that of Portland. Their inclusion would certainly change the character of the constituency significantly. Indeed, given tonight’s vote, there is the question of how the Isle of Wight will be accounted for in terms of the significant number of prisoners who now live on the island, and how they will be catered for.

Thirdly, if registration is based on the home address, as has been suggested, what would the Minister do to ensure that we avoid fraud in postal voting? That may become a sensitive issue as regards prisoners having postal votes given that postal voting has raised enough difficult issues as we have extended the opportunities for people to vote by post. It would be useful if he could tell us what arrangements will be made to enable candidates to canvass prisoners. Finally, what is the timetable for changing the law in respect of prisoners getting the vote, as that is critical for the Bill?

--- Later in debate ---

[Lord McNally]

Now that the noble Earl, Lord Ferrers, is safely out of the way, I am able to say that I hope some of the people below the Bar are keeping careful note, because some really good advice is being given here. It illustrates a point that was made earlier: that different Members of Parliament face different problems. Surely the Member of Parliament for the Isle of Wight will have a caseload that reflects the existence of major prisons on the island.

The boundary review will be based on the register as of 1 December 2010, which will be before any legislation concerning prisoner voting rights is in place. We have determined that we will deal with this matter. I am not in the habit of scoring cheap party political points—your Lordships know that it is not my style—but in less than eight months we have addressed a problem that the previous Government sat on for six years. It will require careful study. I hope that the Electoral Commission will look at some of the issues that have been raised. I do not believe that this amendment is the place to deal with them. There will be a full and final statement of the Government’s intention in these matters. However, I take the point made by the noble Lord, Lord Corbett, and others, and underlined by the noble and learned Lord, Lord Mackay of Clashfern, that we are accepting the judgment of the European Court of Human Rights. To continue to defy it exposes us possibly to being sued on quite a grand scale and to enormous cost to the taxpayer. Even those who grit their teeth at the thought of giving prisoners voting rights might like to put that in their calculations. However, it cannot be in the current calculations of this Bill. It is an important matter to raise and it will be drawn to the attention of the Electoral Commission. I hope that, before they have their debate down the corridor, members of all parties will read the contributions that have been made this evening, because they will be a valuable contribution to the debate that Mr Jack Straw and Mr Davis are planning in Westminster Hall. In the mean time, I ask the noble Lord, Lord Corbett, to withdraw his amendment.

[Lord Corbett of Castle Vale]

My Lords, I thank all noble Lords who have taken part in this important debate. I said in moving the amendment that this was not the time and place for a long debate about the merits or otherwise of giving certain categories of prisoner the vote. I also take on board what many noble friends on this side of the Committee have intimated about some of the perils of getting involved in this area.

I had one of the two national youth treatment centres in my former constituency of Birmingham Erdington, Glenthorne. It did a magnificent job with some of the most disturbed and chaotic young people in the country—14 year-olds convicted of murder, rape and offences of that kind. During one general election, each of the candidates was invited to go in and talk to some of the inmates and answer questions. The first question that I was asked came from a 15 year-old and was about income tax levels. I thought that this showed a very commendable interest in current affairs. On the Friday, about a week ahead of the election, the governor of Glenthorne phoned me and said, “I have got some very good news for you, Robin: you came top of the poll”. I immediately said to him, “Eugene, do me a favour, please, will you keep this quiet?”.

I thank the Minister for his assurance that he will draw the attention of the Electoral Commission to this matter but I am unconvinced about his reasons for not wanting to do something about it in the Bill. I understand what he said about the register last year being used as the basis for the Electoral Commission’s considerations under the Bill but, nevertheless, provision could be made for what we anticipate is going to come. The Government have the votes in both Houses now to get their will, as we know, so surely it is sensible to make the provision now rather than having to do so later.

None the less, I again thank noble Lords for their interest in this matter. We will return to it in good time and I seek the leave of the House to withdraw the amendment.

Amendment 66BA withdrawn.