Voting by Prisoners

Philip Hollobone Excerpts

Thursday 10th February 2011 Commons Chamber

[Mr Philip Hollobone (Kettering) (Con)]

I am not a lawyer, which I think might be helpful in this debate. As we heard earlier, a lot of the lawyers in the Chamber and in Her Majesty’s Government are over-complicating this issue, which I believe is quite straightforward. It is the settled view of the British people, through their elected representatives in the British Parliament, that prisoners should not have the right to vote, and it has been that way since 1870. Everyone understands and accepts that—it is one of those issues that, in modern parlance, has cut through. My role here, as an ordinary, humble Back Bencher, is to represent the views of my constituents. My constituents do not want sentenced prisoners to have the right to vote. If I walked down Kettering High street and asked shoppers whether that was a sensible policy, the overwhelming majority would say, “That is absolutely right, and Her Majesty’s Government should not be trying to change the law.”

We were told by Her Majesty’s Government not so long ago that they had to agree to the judgment of the Court and that the minimum they could do was to limit this right to prisoners sentenced to four years or less. The consequences of that are absolutely appalling. There are 28,770 prisoners serving sentences of less than four years: 5,900 for violence against the person, 1,753 for sexual offences, 2,500 for robbery, more than 4,000 for burglary, and almost 4,500 for drug offences. My constituents in Kettering do not want those people to have the right to vote.

[Mr Dodds]

The hon. Gentleman is absolutely right. Would not his constituents and mine be equally outraged at the prospect of all those people having the right to sue or receive compensation?

[Mr Hollobone]

The legal industry has reached a new low in touting for business among convicted felons whereby lawyers will try to get fees for themselves by prosecuting Her Majesty’s Government. That is appalling, and it makes the whole issue even more sickening.

[Jeremy Corbyn]

What does the hon. Gentleman think are the implications of challenging a European Court of Human Rights decision for all the other human rights that we hold dear and wish to see enacted and enforced in all member countries of the Council of Europe?

[Mr Hollobone]

The hon. Gentleman takes a perfectly reasonable position. I totally disagree with him, but he is a principled man and he makes an important point. The bottom line for me is that there would be less shame in leaving the European convention on human rights than in giving prisoners the vote. He may disagree with that, but it is the line that I would take. What people do in other countries is up to them.

I would like to stay in the convention, but we are dealing with a court that has gone wrong. It is clearly not functioning properly. It has a backlog of tens of thousands of unresolved cases. Many of its so-called judges have no legal training at all; they are probably less qualified than me to make judgments on these things. How has it come about that we, in a sovereign Parliament, have let these decisions be taken by a kangaroo court in Strasbourg, the judgments of which do not enjoy the respect of our constituents?

[Angie Bray (Ealing Central and Acton) (Con)]

Does my hon. Friend agree that it is extraordinary that we should allow judges in Strasbourg to tell us that voting is not a privilege but a right? Try telling the people who fought so long and hard to get the right to vote in their Governments democratically that it is not a privilege. Privileges can be conferred on those of us who contribute to our communities as law-abiding citizens, but they can also be taken away.

[Mr Hollobone]

I am most grateful for that very helpful intervention. Those judges in the European Court should reflect on the fact that there would be no human rights in Europe today were it not for the fact that this country stood alone against a tyrannical regime in the second world war. It is only because this country was prepared to take on the might of Nazi Germany that there is a European Court.

We have to decide in the Chamber today whether we are going to draw this line across which the Court shall not pass, and we need from Government Front Benchers some guts and backbone to take it on. I have been very disappointed indeed by the stance of Her Majesty’s Government since the general election. I know that they want European issues to go away and do not want to trouble the electorate with them, but frankly, the advice we have been given by Her Majesty’s Government has not been good enough. There is no way in which they will get the four-year rule through this Chamber in legislation. In opposition, we were told by the Attorney-General:

“The Government must allow a parliamentary debate which gives MPs the opportunity to insist on retaining our existing practice that convicted prisoners can’t vote.”

In government, he has not delivered that. The only reason we are having this debate is that it was raised by the Backbench Business Committee. We want our Government to show leadership on this issue, to tell the European Court that it has lost its way, and to defend the settled will of the British people that we will not cave in to this kangaroo court and we will not give sentenced prisoners the vote in this country.