Meeting of the Parliament 28 November 2019
With respect, I think that it is different. In those circumstances, we would be giving the right to stand to someone who could in no sense be confident that they would be able to see out their term. Very often individuals are confident that they will see out their term but then something happens to them. It is not right to dismiss the issues, and I am not dismissing them. I am taking the issues seriously and trying to explore them, but I will not hide from the practical difficulties.
I have also reflected on the concerns that have been raised about support for local authorities in handling the proposed changes and I have given the committee an undertaking that additional funding will be provided.
On the bill’s provisions in relation to prisoner voting at Scottish Parliament and local government elections, I recognise that the idea of prisoners being able to vote arouses a wide range of views. In 2017, the Parliament’s Equalities and Human Rights Committee recommended allowing all prisoners the vote, whereas the United Kingdom Government limits prisoner voting to those on remand or temporary release.
Whatever a member’s personal view on the matter, it is clear that the Parliament as a whole must act, because the current ban on prisoner voting is untenable under human rights law and has been for some years. Consequently, doing nothing is not an option. The Standards, Procedures and Public Appointments Committee agrees with that position, having taken evidence on the matter. The reason is that in 2005, the European Court of Human Rights found the UK blanket ban on prisoner voting to be in breach of article 3 of protocol 1 of the European convention on human rights. We received powers over our franchise three years ago; as a result, we are obliged to take action to ensure that we are ECHR compliant. Members who are familiar with the Hirst ruling know that the court allows member states a wide margin of appreciation in relation to the exercise of the franchise by convicted prisoners. Indeed, there is no one-size-fits-all approach to ensuring compliance across Europe.
We consider that our proposal to allow prisoners who are serving sentences of 12 months or less to vote falls within that margin of appreciation. The committee has questioned the 12-month period, but it has a solid grounding. First, 12 months is the maximum sentence that a judge can pass in cases that are heard without a jury. Secondly, it is the threshold for the Government’s new presumption against short sentences. Thirdly, it was the most favoured option of the periods on which we consulted earlier this year.