Dr David Kelly

Debate between Thomas Docherty and Dominic Grieve

Thursday 9th June 2011 Commons Chamber

[The Attorney-General]

I have to say to my hon. Friend that that is a hypothetical question. It is obviously open to individuals to apply for judicial review of my reasoning and decisions. At the moment, I simply express the hope that they will not feel the need to do so.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

Will the Attorney-General say whether he would be content if one of his ministerial colleagues were to publicly dissent from his decision, given his quasi-judicial role?

[The Attorney-General]

I am not aware of any ministerial colleague having expressed any view that dissents from my decision.

Voting by Prisoners

Debate between Thomas Docherty and Dominic Grieve

Thursday 10th February 2011 Commons Chamber

[Thomas Docherty]

I have a great deal of time for the hon. Lady, but on this occasion she and I will have to disagree, although I hope she will be agreeing with me next Tuesday and Wednesday as we play ping-pong with the other place.

I have been raising the issue of prisoner voting rights for several months, particularly with reference to the Scottish Parliament elections. It is incredibly disappointing that none of the Scottish nationalists saw fit to grace us with their presence today, given that it is their Government in Scotland who have responsibility for the forthcoming parliamentary and local government elections next year. I raised the matter with the Cabinet Secretary for Justice last year. I do not intend to go through all the correspondence that my colleagues and I have had with him and with ministerial teams on this. However, the situation has been confirmed to me and to my colleague, Richard Baker, who is, for now, the shadow Minister but will, I am sure, become Justice Secretary. The SNP Government have not even bothered to write to the Deputy Prime Minister—who, let us be clear, is behind the move to give prisoners the right to vote—to express the Scottish people’s opposition to it.

[The Attorney-General]

indicated dissent.

[Thomas Docherty]

The Attorney-General shakes his head, but this is a Liberal Democrat policy. I remind him that in 2007 the right hon. Member for Gordon (Malcolm Bruce), who was president of the Scottish Liberal Democrats, urged the then Government to give prisoners voting rights in the Scottish elections. I am delighted that my right hon. Friends resisted that request by Scottish Liberal Democrats, and delighted that today we will again be resisting the pressure from Liberal Democrats to give people who have broken the law the right to vote.

I am deeply concerned by the Government’s attitude towards the ongoing test case involving the devolved Parliaments and Assemblies. It is clear from the 2007 case that the European Court is minded to grant prisoners the right to vote in Scottish Parliament elections, because, as my hon. Friend the Member for Rhondda (Chris Bryant) has said repeatedly in this debate and elsewhere, the Scottish Parliament is a primary legislative body. It is difficult to envisage how the Attorney-General, as fleet-footed and talented as he is, will persuade the European Court that the Scottish Parliament is exempt. I hope that the Attorney-General, when he is not looking at his BlackBerry, will clarify why he thinks the Scottish Parliament will be exempt from this issue.

My colleague Richard Baker MSP wrote to soft-touch Kenny MacAskill on 10 December last year. As I said, the Scottish Government do not believe that they have any role to play in lobbying the UK Government. That is another stain on the record of the SNP Government, who seem quite happy to pick fights with the UK Government, but will not stand up for what the people of Scotland want.

I think that Members from all parts of the House hold principled views on this issue. Although I fundamentally disagree with the Liberal Democrats on this issue, I respect their stance. I hope that they understand that voting is a right. As a former Prime Minister said, there are rights and there are responsibilities. People who break the law and who commit heinous crimes should not be allowed to vote.

As the Government have yet to clarify what the tariff limit will be if they lose the case, we have to assume that it will still be four years, as was leaked previously. I draw the Attorney-General’s attention to one of the problems in Scotland, which is that the Scottish Parliament has its own sentencing policy, its own judiciary and its own tariffs. Under a tariff system, the limit might be set at one year, six months or four years. Crimes that have a certain sentence in England, Wales and Northern Ireland might not have the same sentence in Scotland. I hope that the Government will reflect carefully on what the impact will be on Scotland if they use a tariff system, rather than using specific crimes. I accept that the Liberal Democrats probably do not intend to give paedophiles the vote. However, if the limit was set at four years or less, the disgusting individuals involved in the shocking case of child abuse in the south of England last year would qualify to vote. I am sure that that is not the intention of any party.

I am conscious that other hon. Members wish to speak, and I have said my piece. I will vote tonight for the motion in the names of my right hon. Friend the Member for Blackburn (Mr Straw) and other hon. Members.