Parliamentary Voting System and Constituencies Bill

Lord Dubs Excerpts

Wednesday 19th January 2011 Lords Chamber

[Lord Mackay of Clashfern]

At present, the law states that prisoners are disqualified under an Act of Parliament and, unless and until that is changed by Act of Parliament, there is no question of having to cater for them in this Bill. If and when a Bill is produced to change the 1870 Act—although I understand what the noble Lord is saying about that—it should answer the kind of questions that the noble Lord, Lord Knight, has asked. Until that happens, the law is as it has been since 1870. I am not going to deal with the merits of the issue, except to say that we believe in the rule of law, part of which is our country’s subscription to the European Convention on Human Rights and obedience to the decisions of the European Court of Human Rights. That court has said in this case that a blanket ban is wrong, which leaves at least a certain amount of discretion to Parliament and the Government to decide what the change is to be. Until that happens, it is not for us here to speculate, because there is plenty for us to deal with in this Bill without introducing more material into a Bill that is not yet drafted.

[Lord Dubs]

My Lords, I very much agree with what the noble and learned Lord, Lord Mackay of Clashfern, has said. Let me therefore briefly add some comments. When the time comes, which I hope will not be too long, for the Government to bring forward their measure to give prisoners the vote, we will have to ensure that in that process we amend this legislation to accommodate it.

[Baroness Smith of Basildon]

I understand the point that my noble friend and the noble and learned Lord are making, but surely the Bill before us seeks to set the boundaries before the next general election. I anticipate that if the Government put through legislation, in line with the European judgment, to give prisoners the vote, they will do so before the next election. We in this House and the other place will therefore have to amend legislation that we have already passed before the next election. We will find ourselves in a legal muddle at that point.

[Lord Dubs]

I am bound to say that I am persuaded by my noble friend’s argument. The principle and the arithmetic are obviously right, but the details of how prisoners are to be given the vote—and there will be a lot of details—are a matter that the House will have to deal with. However, that would not affect the principle of including prisoners in the formula that we are talking about.

I have been a member of the Joint Committee on Human Rights for some time, and we have been anxious that the Government should adhere to their obligations under the Human Rights Act and under the European convention. We were disappointed—I was certainly disappointed, as was my noble friend Lord Corbett—that the previous Government did not bring this proposal into effect. I hope that this Government will do so. Given that public opinion, spurred on by some of our newspapers, is not sympathetic to this, I very much hope that more voices will be heard to say that this is a good thing and that it is right that people in prison, at least many of them, should have the right to vote and to have a civic responsibility that will help them when they come out. There is an important point of principle here, which has been totally lost in some of the hysteria in the popular press, which is arguing against this, to say nothing of the fine that we would have to pay as a country.

I have two brief final thoughts. I introduced a Private Member’s Bill when I was in the other place to give certain rights to prisoners. My noble friend Lord Soley and I discussed it, and he persuaded me to include in the Bill a proposal to give prisoners the right to vote. It was a 10-Minute Rule Bill and was therefore not going to get much further. It received a lot of publicity, but all that the press were interested in—even in the 1980s; it was a long time ago—was the clause about giving prisoners the right to vote. Nothing else in the Bill did they take notice of. I am bound to say, in all honesty, that the Labour Shadow Cabinet did not support my Bill and said that it was not in favour of it.

I have a final little anecdote, if I may indulge myself—it is getting late. I was in a pub in Battersea just before an election. I was meeting a journalist who wanted to take a photograph. The pub was almost empty because it was mid-morning. A man at the bar came up to me and said, “’Ere, are you Alf Dubs MP?”. I confirmed that I was and he said, “I came out of the Scrubs this morning. You’ve got a good reputation inside”. I thought of all the votes that I was not going to get and I then lost my seat.

[Lord Phillips of Sudbury]

My Lords, I should perhaps say that I am president of the Citizenship Foundation, although I do not speak for it. Surely we could deal with the point raised in this amendment by an amendment to the Bill that says simply that prisoners serving a term of four years or less shall be entitled to vote. That would take care of the point that the noble Lord, Lord Corbett, seeks to address in this amendment. I should be interested to know whether the Minister would be amenable to that being brought forward at the next stage of the Bill.

This is a very important issue. For years we have put off grappling with the question of the prisoner vote. I think we would all say that one of the main badges of citizenship is the right to vote. We in this House all agree that rehabilitation is essential and that we do it rather badly in this country. To that extent—I shall finish on this point—we talk about punishing prisoners by denying them the vote, but I think that we punish ourselves much more by, in effect, outlawing prisoners from normal citizenship and thus, in my view, destroying any real prospect of any effective rehabilitation. Therefore, I hope that something can be done about this and that it can be done in time for it to be part of the Bill.