Prisoner Voting Rights

Mark Harper Excerpts

Tuesday 6th September 2011 Written Statements

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

In November 2010, the European Court of Human Rights in the case of Greens and MT v UK found that the UK’s ban on prisoners voting was in breach of article 3 of the First Protocol of the European Convention on Human Rights (the right to free and fair elections). In the judgment the Court prescribed a timetable for the introduction of legislative proposals to amend the blanket ban, namely a period of six months from when the judgment became final (which was 11 April 2011). The Government have since been considering the appropriate course of action in order to respond to the Greens and MT judgment.

In July, the Grand Chamber of the European Court of Human Rights accepted a referral in the case of Scoppola (No.3) v Italy. A hearing before the Grand Chamber has been scheduled for 2 November. The legal issues which arise in Scoppola under article 3 of the ECHR are analogous to those which arose in Hirst v UK and Greens and MT.

Given the close relationship between the cases, the Government have sought leave to intervene in the proceedings before the Grand Chamber in Scoppola. The Government also requested an extension to the deadline set in Greens and MT to enable it to take account of the Grand Chamber’s judgment. The Government were notified on 31 August that the Court has granted an extension of six months from the date of the Scoppola judgment, and on 5 September that the Government will have the opportunity to express our views on the principles in the Scoppola case.

The Government welcome the decision of the Court and believe it is right to consider Scoppola and the wider legal context before setting out the next steps on prisoner voting.