Prisoners (Voting Rights)

Matthew Offord Excerpts

Tuesday 11th January 2011 Westminster Hall

[Mr Hollobone]

Before I respond to that intervention, I congratulate my hon. Friend on his recent knighthood, which is extremely well deserved. His many years’ experience in this place make him far more qualified to talk about these issues than I, but my understanding is that the British Parliament discussed these issues when it passed the Forfeiture Act 1870. Now, 1870 was 80 years before the European Court of Human Rights was established in the 1950s. British parliamentarians decided that it was appropriate for prisoners not to be given the vote way before the concept of a European court was even thought about.

By the way, there would be no human rights in any part of Europe today were it not for the brave actions that this country took on its own in 1940, and some of the European Court’s judges should remember that. We are the mother of Parliaments and we have a long and proud history of democratic thought processes, debate and decision. Frankly, the British people are sick and tired of being lectured to on human rights issues by unelected judges in this pseudo-European court.

[Mr Matthew Offord (Hendon) (Con)]

My hon. Friend mentions unelected judges, but is he also aware that two people in the previous Parliament were keen to pursue this issue? One was my predecessor, who lost against me in the general election, and the other was the former Member of Parliament for Oxford West and Abingdon, who also lost his seat. Does that not show hon. Members and others that members of the British public have been very unhappy with the European Court of Human Rights and with the Human Rights Act 1998 and those who pursue it and that they have showed their displeasure through the ballot box?

[Mr Hollobone]

My hon. Friend makes a telling intervention, and he has done the country a national service by winning his seat in the general election. He ably represents his constituents on these and other matters. He is right. The manifesto on which he and I stood clearly states:

“we will replace the Human Rights Act with a UK Bill of Rights.”

I am sure that my hon. Friend was asked about human rights issues during the general election campaign—I certainly was in Kettering. Whenever such issues were raised, constituents were adamant that it was time for us to take sensible action on the Human Rights Act, which the previous Government introduced. The coalition agreement has kicked the replacement of the Human Rights Act by a Bill Of Rights into the long grass; it may happen, but there is no timetable, which is a great shame. Nevertheless, there is huge public demand for us to take action on these human rights issues. We would be doing our constituents a disservice if we did not raise their concerns in this place. My hon. Friend’s majority in Hendon, my majority in Kettering and the majorities of many of our hon. Friends in Westminster Hall this morning demonstrate that human rights are an important issue for our constituents.

Mr John Hirst, who is serving a life sentence for an axe killing, brought his case and subsequent appeal to the European Court of Human Rights. He celebrated with glee on the television when the appeal judgment was announced—how wonderful it was that the European Court was going to force Britain to give prisoners the right to vote. Many of our constituents will have seen that and have been disgusted by Mr Hirst’s joyous celebration of the Court’s decision.

The Court decision is interesting in several respects, because its main gripe is that there is a blanket ban on prisoners being given the right to vote. There are ways to tackle that issue, other than just caving in and getting rid of the blanket ban. It may interest hon. Members to know that 13 other countries that are signatories to the European convention on human rights also have blanket bans. Why is this country being singled out for the treatment it is getting from the European Court, when blanket bans continue in other countries, such as Armenia, Azerbaijan, Bulgaria, Estonia, Georgia, Hungary, Latvia, Liechtenstein, Moldova and Slovakia, among others? Our constituents will be outraged that the UK is being singled out for special treatment.

One of the issues that the European Court raised was that there has not been proper parliamentary debate about the issue. The judgment states that

“there was no evidence that Parliament had ever sought to weigh the competing interests or to assess the proportionality of a blanket ban on the right of a convicted prisoner to vote. It could not be said that there was any substantive debate by members of the legislature on the continued justification…for maintaining such a general restriction on the right of prisoners to vote.”

I am sorry, but those matters were discussed in this Parliament in 1870, 80 years before the European Court was even established. The judgment goes on to say that perhaps courts could be given the discretion to award disfranchisement to convicted prisoners on an individual basis. It says:

“It was also evident that the nature of the restrictions, if any, to be imposed on the right of a convicted prisoner to vote was in general seen as a matter for Parliament and not for the national courts. The domestic courts did not therefore undertake any assessment of the proportionality of the measure itself.”

It also states that

“in sentencing, the criminal courts in England and Wales made no reference to disenfranchisement and it was not apparent that there was any direct link between the facts of any individual case and the removal of the right to vote.”

There is therefore a way to address the Court’s concerns by making sure that judges can award disfranchisement specifically in individual cases and encouraging them to do so.

--- Later in debate ---

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

I thank the hon. Member for Kettering (Mr Hollobone) for bringing this matter to debate. I agree with him and other hon. Members that it is right to have a proper debate.

I suspect I will not be the most popular speaker this morning, but I want to place on the record that I am in favour of giving prisoners the right to vote. I am in favour of it in this situation, first, because we are required to comply with a Court order, and it is impossible for us to run a criminal justice system around the basis of the rule of law if we then decide which laws and legal obligations we as a country will choose to follow and which we will not.

Secondly, I am in favour of it because I believe it is morally right that prisoners should have the opportunity to vote.

[Mr Offord]

Will the hon. Lady give way?

[Kate Green]

I will in a moment. I want to expand the three bases of my argument and then I will be happy to take the hon. Gentleman’s intervention.

I believe it is morally right that prisoners should have the right to vote. I do not accept that they lose all aspects of citizenship in losing their liberty as a result of a custodial sentence. I fundamentally disagree with those who feel that prisoners’ fundamental human rights should be weakened. In a decent and civilised society it is right that we treat all, including prisoners, with respect.

My third argument is that there is potential to see the right to vote in the context of a process of rehabilitation. Cleverly managed, it could contribute to the reintegration of prisoners in our society. Therefore, there may be some efficacy grounds for accepting a right to vote.

I am happy to take the hon. Gentleman’s intervention now.

[Mr Offord]

The hon. Lady says she feels it is wrong for the United Kingdom to decide which laws it will implement as a result of the European judgment. However, only last night at the Oldham by-election, the Labour candidate decided that she did not wish to debate with one of the other candidates, whom she had removed by the police from a public meeting. The hon. Lady cannot have it both ways. If we as a country should accept all the laws, the hon. Lady and her potential colleagues should do the same.

[Kate Green]

I am not aware of the breach of law by the Labour parliamentary candidate in the Oldham by-election. Perhaps the hon. Gentleman can enlighten me later.

The hon. Member for Kettering said—I suspect rightly—that many in my constituency would be disconcerted to hear me making the arguments I do today. That is why I strongly support his call and that of others for a full and informed discussion to take place in this House, because we have not properly considered the evidence or, indeed, the purpose of our criminal justice system and the role that the right to vote or withdrawal of it plays. I hope that this debate will make some contribution to that analysis and information, but I consider that we need a far fuller understanding in the country as a whole.

I have taken an interest in this subject because I served as a magistrate for 16 years. I have sentenced people to custody and have never done it lightly. I am mindful that it entails not just a loss of liberty but puts at risk people’s jobs, homes and family life. Hence, magistrates follow a rigorous decision-making process in selecting an appropriate sentence. With 16 years’ experience on the bench, I cannot think of a single sentencing objective that removing the right to vote from prisoners sentenced to custody would have helped to achieve.

--- Later in debate ---

[Tom Brake]

The hon. Gentleman has helpfully answered my question, so the Minister does not need to respond to it. I presume that that is why the Government have not gone down the route of allowing prisoners to vote in local elections. However, they could exercise their local votes as electors on the register in the constituencies from which they originally came; it would not necessarily have to be in the locality of the prison.

What this argument is clearly about, and the hon. Member for Stretford and Urmston expressed it very well, is whether voting is an intrinsic right—a basic human right—or whether it is a right that should be forfeited when people lose their liberty. Of course prisoners lose their liberty; no one disputes that that is the appropriate response to a crime. However, to what extent do they lose other liberties that are associated with being a citizen? There are certain responsibilities that they retain. For example, prisoners pay capital gains tax on any capital gains transactions that they might be involved in and they pay tax on their savings. They are, therefore, making contributions that other citizens make, so to what extent do we inflict civic death on them and include withdrawing their right to vote as well as other aspects of their liberty?

[Mr Offord]

The picture that the hon. Gentleman paints is of prisoners being like the fictional characters of Andy Dufresne or Norman Fletcher—I am talking about paying capital gains tax and other tax. However, if we look at someone like John Hirst, who was originally convicted and sentenced to 15 years, we will find that he served another 10 years for his behaviour in prison. That shows that not only was he not a model prisoner when he was in prison, but he was not a contributor to society when he was out of it. Does the hon. Gentleman not accept that some prisoners deserve to lose the kind of rights that we have been talking about?

[Tom Brake]

Of course. The hon. Gentleman has quite rightly illustrated that there are certain prisoners for whom there should be no such thing as a right to vote. They have forfeited their right, and that is appropriate. However, this debate is not black and white, but shades of grey. For some prisoners at one end of the spectrum, a one-year cut-off might be more appropriate. Equally, there are other prisoners, at the other end of the spectrum, who have forfeited any right to vote in future elections.

It is also worth considering the arguments that could be deployed against allowing some prisoners the right to vote. For example, is there any evidence that disfranchisement helps to prevent crime? I am not aware that there is any evidence that suggests that withdrawing the right to vote from prisoners helps to prevent crime. Are there any concerns about the difficulties of implementation? Certainly, the Prison Governors Association and the National Offender Management Service have no concerns about the logistical difficulties of providing votes to certain categories of prisoners. As I stated earlier, is such a change a great departure? In other words, are we moving to a system in which prisoners are, for the first time, given the right to vote? The answer is no, because remand prisoners and people in prison for contempt of court and for defaulting on fines are already eligible to vote.

To conclude, it is very clear that this is an issue in which the coalition Government are between a rock and a hard place. The European Court ruling is clear. The Government, who are potentially at risk from compensation claims, have to take action within the framework of the law. I look forward to hearing the Minister’s response on some of these issues of detail and on how the Government arrived at the particular threshold that they have chosen.