Voting by Prisoners

Naomi Long Excerpts

Thursday 10th February 2011 Commons Chamber

[Mr Davis]

I could not agree more with my hon. Friend. Indeed, if there were an argument that giving prisoners the vote would cut recidivism, cut re-offending rates and help the public in that way, I would consider the matter, but giving prisoners the vote would not stop one crime in this country, and that is after all the point of the justice system in the first place.

Let me return to the main text. Other prisoners do lose the vote, but we must understand that for someone to be sent to prison in this country in this day and age requires a very serious crime or series of crimes. There are convicted burglars and convicted violent criminals, who have never been to prison, walking the streets today, so there is a very serious threshold.

[Naomi Long (Belfast East) (Alliance)]

Recently, in Northern Ireland, a young woman was given a custodial sentence for a first offence of stealing a pair of jeans worth £10. The case is being appealed, but it suggests that not every custodial sentence is given because of a very serious offence or string of serious offences.

[Mr Davis]

There is an old argument that hard cases make bad law, and it may well be—it sounds very likely—that that young lady’s custodial sentence will not be upheld. The general point, however, is very clear: it takes a pretty serious crime to get someone sent to prison. As a result, that person has broken their contract with society to such a serious extent that they have lost all these rights: their liberty, their freedom of association and their right to vote.

The law is not unjust. Every citizen knows that the same level of crime that costs them their liberty costs them their vote. What the Court calls a blanket rule, I call uniform justice.

--- Later in debate ---

[The Attorney-General]

My hon. Friend makes a very reasonable point. If she looks around other European countries, she will find a great deal of variety in approach. Some countries do not allow any convicted prisoners to vote, although they might well be in serious difficulty as a result of the Hirst judgment. The Irish Government, for example, changed the law and gave their prisoners the vote. Others lay down differential criteria, and it seems clear that the Court is influenced by the consideration of whether those convicted to very short terms of imprisonment should retain the right to vote and those with longer terms of imprisonment should lose it. Four years, for example, has usually been regarded in our judicial system as the benchmark that separates a long sentence from a medium or short sentence. That is one reason why such benchmarks might play a role, and used to play a role, in providing some definition.

[Naomi Long]

The Republic of Ireland provides an interesting case. Although the Government have allowed their prisoners to register to vote, they do not necessarily guarantee that they will be able to vote in the sense of attending a polling station to exercise their franchise. I suspect that this is an interesting example of sleight of hand.

[The Attorney-General]

I would have to check that position. My understanding was—it might be incorrect—that the Irish Government provided a postal voting system.

--- Later in debate ---

[Naomi Long (Belfast East) (Alliance)]

I apologise for the fact that immediately after my contribution I will have to leave the Chamber owing to circumstances beyond my control.

Before I begin, I am sure that hon. Members will wish to join me in expressing their condolences to the families of those who today lost their lives in a plane crash on a flight from my constituency in East Belfast to Cork. I know that hon. Members may have heard the news and will want to extend their condolences to the families affected and their best wishes to those who have survived that crash.

[Mr Nigel Dodds (Belfast North) (DUP)]

I join the hon. Lady in those expressions of sympathy. It was a matter that I raised at business questions this morning, and Members from Northern Ireland sympathise with her and her constituents at this time. It has been a grievous loss which is felt deeply across the Province.

[Naomi Long]

I thank the right hon. Gentleman for his words of condolence, and I am sure that the people involved will appreciate them very much.

In the short time available, I want to touch briefly on two issues, namely the effect of the blanket ban and the Government’s preferred option for change, which has been outlined. I share many of the concerns expressed about the idea of extending the right to vote to prisoners, which, I concede, is counter-intuitive. This debate has to be considered and balanced if it is to meet the requirements of the European Court of Human Rights, and, most importantly, to reach a just and reasonable position on the matter. Essentially we need to consider the rationale for removing the right to vote in a blanket ban and what purpose that serves. While gut instinct may tell us one thing, the rationale for it does not stand up to scrutiny.

Prison serves three purposes, the first and most important of which is to protect the public. Therefore, I agree with the right hon. Member for Haltemprice and Howden (Mr Davis) that it follows that those in prison ought to be those who have committed serious offences, although that is not always the case. It is also important that it is about punishment for the offence that has been committed. However, Members who have spoken in favour of retaining a blanket ban have themselves questioned whether it is effective, either as a punishment, given that few prisoners actually want to exercise the right to vote, or as a deterrent for future criminals.

The third aspect of prison is to rehabilitate offenders so that they can effectively rejoin society at the end of their prison sentence and make a positive contribution. There is an argument that by re-engaging prisoners in civic responsibility in the latter parts of their sentences in particular, it is possible to establish more positive behaviours, which may then follow them into wider society on their release. Voting in certain circumstances may play a role in that. We have international treaty obligations, which have been outlined in some detail.

I would prefer any changes to UK law that introduce limited voting rights for prisoners to be based on length of sentence rather than left to the discretion of the individual judges and the courts. The Government proposal to allow voting for sentences of four years or less seems an overly generous response and not necessarily more proportionate and considered than a blanket ban. A preferable option, bearing in mind the rehabilitation argument, may be to limit the right of voting to prisoners serving sentences of one year or less, and to reintroduce the right to vote in the final year of a longer sentence as part of a wider programme of reintegration and rehabilitation. That may be seen as a more considered and more positive response.

Prisoner voting is a reserved matter. However, justice is devolved in Northern Ireland, so decisions taken in Westminster will have an impact on the devolved Administration, who will be responsible for implementing it directly. It is therefore critical that the Government consult fully with the devolved Administrations about their approach, and listen to their concerns and their input as they take it forward.

It is important that we have had the opportunity to discuss the subject, and I hope that it will not lead simply to the removal of the blanket ban with nothing more considered being put in its place.