Sentencing — House of Commons, 2017-11-02
Topic: Civil Rights
Richard Burgon (Labour, Centre-left): I welcome the opportunity to discuss this matter today and I thank the Justice Secretary for sharing his statement with me in the past hour This matter has been given greater prominence over the past decade due to rulings that found the UK to be in breach of its international human rights obligations. As the House is aware, prisoners serving a custodial sentence do not have any right to vote in any elections. As the Secretary of State said, this blanket ban is set out in the Representation of the People Act 1983. Since 2005, however, the blanket ban has been ruled unlawful by the European Court of Human Rights in the Hirst case Subsequent rulings since the 2005 decision have offered further clarity on what is required by law. I note especially the October 2015 ruling of the European Court of Justice that depriving certain prisoners convicted for very serious crimes, such as murder, of the right to vote was not an unlawful breach of the right of EU citizens. Likewise, in 2013, the UK Supreme Court dismissed appeals that prisoners serving life sentences for murder should be able to vote. I think most of the House would feel that that is sensible The question remains, however, of how we meet our obligations in relation to the ruling against a blanket ban. This House has been grappling with this issue since 2005. Following the Hirst judgment in 2005, the Labour Government began a consultation on the question of prisoner voting. The Ministry of Justice published a consultation paper in 2009 indicating that some limited enfranchisement of prisoners ought to occur, but made it clear that a final decision on the scope of the franchise must be made by Parliament Shortly after the 2010 general election, the Conservative-Liberal Democrat coalition Government announced that offenders sentenced to less than four years in custody would have the right to vote in UK Westminster Parliament and European Parliament elections, except when the judge considered it inappropriate when making the sentence. Soon after, in 2011, the Political and Constitutional Reform Committee published a report stating that while the current ban on prisoner voting may be "morally justifiable", it was a breach of international law As a nation, we pride ourselves on our adherence to the rule of law. I believe we also take pride in being a nation that abides by its commitments. Our respect for the rule of law is something that has led to our legal system being so well regarded around the world that our legal services are exported internationally and contribute vastly to the UK economy. Today is an opportunity to discuss exactly how we will meet our commitments following the 2005 ruling I hope the slowness the Government have shown in responding to this issue does not set a precedent for taking over a decade to address our international obligations to uphold human rights. I think we should be clear that if we are signed up to the European convention on human rights, we are bound by its judgment and by those human rights laws. What this debate should be about is not whether we should meet our duties under international human rights law—that is non-negotiable and it is disappointing that some Members have suggested that we should ignore such law—but how we meet our duties and requirements Specifically, today’s discussion is about whether the Government’s proposals meet that threshold and satisfy our international obligations to uphold human rights. I hear Government Members saying, "Of course they do," but we need reassurance, because the Secretary of State said that prisoners sentenced to less than one year in jail who are let out on day release will be allowed to return home to vote. We need to know what discussions with lawyers and assurances he has had to make sure that his proposal brings us into line with human rights law. The last thing this House wants is the right hon. Gentleman having to return to the House at some point to explain that, unfortunately, these measures have not satisfied the test and do not fulfil our international obligations and commitments. I am sure the Government do not want that, and nor do we As hon. Members have pointed out, including at this week’s Justice questions, this measure is about rehabilitation. I am therefore disappointed that the statutory duty on prisons to rehabilitate offenders and thereby reduce the number of victims and make society safer was dropped when the Prisons and Courts Bill fell. I hope that will be considered again in due course.