Prisoners (Voting Rights)

Thérèse Coffey Excerpts

Tuesday 11th January 2011 Westminster Hall

[Mr Hollobone]

My hon. Friend makes an interesting and brave point, and I commend his courage on the issue. He will be joined in the Lobby by many of our colleagues. The Government should be left in no doubt this morning that they have made the wrong decision on the issue and that they will not get the proposals through Parliament.

My hon. Friend is right: the Government can tackle the issue in far more imaginative ways. It was wrong for my hon. Friend the Minister to say in his statement of 20 December, which was sneaked out just before the Christmas recess, that

“we should implement the Hirst judgment in a way that meets our legal obligations, but does not go further than that.”—[Official Report, 20 December 2010; Vol. 520, c. 151WS.]

The Government have gone further than that by saying that the limit should apply to those sentenced to four years or less in prison, because there are many countries that are signatories to the European convention that apply the ban to prisoners serving far less time in prison. For example, Austria, Malta and San Marino ban all prisoners serving a sentence of more than one year. In France only prisoners convicted of certain crimes lose their right to vote.

I should therefore like to know why the Government have settled on the apparently arbitrary figure of four years. They say that it is the difference between serious and non-serious offences, but frankly I do not accept that definition. There are other ways to cut the cake. For example, the ban could be applied to those who have their sentence issued by the Crown court, rather than the magistrates court.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

On the point about limits, does my hon. Friend agree that the crimes of rape, for which a three-and-a-half year sentence was awarded in November, in a case in Warwick, and armed robbery with a knife, which has also been given a sentence of less than four years, are serious crimes, and that it is shocking that the Government even contemplate that such things should be covered?

[Mr Hollobone]

My hon. Friend makes an excellent point. Her constituents and mine will be sickened if rapists are given the right to vote. It is shocking how many prisoners would be entitled to vote if the Government’s proposals were to go through. I should be grateful if the Minister would confirm the present number of people serving time in prison. Statistics that, again, were sneaked out just before the recess, show that there are 28,770 prisoners serving sentences of less than four years, of whom 5,991 have been convicted of violence against the person, 1,753 of sexual offences, 2,486 of robbery, 4,188 of burglary and 4,370 of drug offences. If the Government were, for example, to restrict the limit to sentences of one year or less, the number of prisoners who would be enfranchised would go down from 28,770 to 8,096.

--- Later in debate ---

[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.

[Dr Coffey]

What are the hon. Lady’s thoughts on the Government’s proposal to offer judges and magistrates the opportunity to remove the vote as part of the sentence?

[Kate Green]

I am grateful to the hon. Lady for raising that issue, which I want to explore in my remarks. The hon. Member for Kettering was right to say that there is more than one way to skin a cat. I am not suggesting that a blanket rule that applies before or after a four-year custodial sentence is the most appropriate way to go, but it is a step in the right direction and one on which I would like to see us build.

I would like to say a little more about how we might see restoration of the right to vote as a positive by enabling prisoners to fulfil their responsibilities as citizens, and how that might in a small way—I see scepticism on faces opposite me—contribute to reducing reoffending, which is surely the prime purpose of the criminal justice system. If we fail to give prisoners any stake in our society, it is difficult to see why they should wish to reintegrate into that society—why they should feel any sense of obligation to mutual rights, dignity and respect when we do not afford that to them. I see an opportunity alongside this new legislation to improve education and rehabilitation in our prisons.

When I raised the matter with the Secretary of State at Justice Question Time before Christmas, he expressed scepticism as to whether prisoners would take advantage of the right to vote. However, before last year’s general election the Prison Reform Trust participated in a debate with prisoners in a local prison. It reported that prisoners were intensely engaged in debating the political matters of the day: not just criminal justice but a wide range of issues that would affect them, their families, communities and society as a whole—a society, of which, like it or not, they remain a part.

Prisoners are rightly recognised as being among the most disadvantaged in terms of social inclusion prior to receiving custodial sentence. We should be looking to take steps to improve their social inclusion. What happens to them while they are in prison undoubtedly has a role to play.