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Chamber

Meeting of the Parliament 28 November 2019

28 Nov 2019 · S5 · Meeting of the Parliament
Item of business
Scottish Elections (Franchise and Representation) Bill: Stage 1

The point is that those people are not in prison, whereas the people who are to be given the vote under the bill are in prison.

On the nature of offences, the Scottish Government's proposals to open up prisoner voting have taken a blanket approach. For example, there has been no separate consideration of the case of people who are imprisoned for electoral offences. That issue arose in committee and received a response from the cabinet secretary. In his reply, he attempted to draw a false distinction by arguing that, if crimes such as murder were to be treated in a certain way, so should acts of electoral fraud. However, that is to make a distinction of levels of seriousness and not one of type, and electoral offences are clearly relevant in this situation.

We should also consider some of the consequences of politicians being obliged to consider the votes of offenders who are currently imprisoned. To what level would candidates be expected to engage with prisoners? What about those candidates and campaigners who are themselves victims of crime?

I expect that ministers might hide behind the defence that voting will form part of a prisoner’s rehabilitation and reintegration into society. However, we know from the Scottish Prison Service’s own figures that the numbers of hours of work and education that have been undertaken by prisoners has slumped in the past decade. Without real effort being put into rehabilitation, that defence would be—at best—warm words.

These are issues of unusual—and effectively constitutional—significance. When prisoner voting was foisted upon us in the Shetland by-election by ministerial diktat, bypassing the scrutiny of this Parliament until after the event, it should rightly have been seen as an area of real concern. Now, the Scottish Government’s bill creates a framework for a fundamental change in the franchise. It is right that it receives tough scrutiny in this chamber.

The committee’s report raises a number of important questions about the bill going forward. Along with my colleagues in the Conservative Party, I have questions that go further than the report’s. I believe that there are very basic questions about the policies that are being pursued in the bill.

We can improve how our elections are run, and do much more to make them a better representation of the views of the electorate. We must work hard to make sure that votes are counted effectively and that efforts to combat electoral fraud are prioritised. We also must ensure that everyone who is legally entitled to vote not only can, but is encouraged to, use their ballot. The bill does little to achieve those objectives.

15:21  

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
The next item of business is a debate on motion S5M-20049, in the name of Michael Russell, on the Scottish Elections (Franchise and Representation) Bill at s...
The Cabinet Secretary for Government Business and Constitutional Relations (Michael Russell) SNP
At the outset, members might like to know that this is the first stage 1 debate on a bill that will require a supermajority to pass at its final stage. That ...
Adam Tomkins (Glasgow) (Con) Con
I understand that the cabinet secretary wishes to equate the franchise in Scotland with residency. He will equally understand that there is a tradition that ...
Michael Russell SNP
I will not go into a dissertation on citizenship here. What I am talking about is whether, if someone is a member of a society and is resident in that societ...
Mark Ruskell (Mid Scotland and Fife) (Green) Green
Will the cabinet secretary take an intervention?
Michael Russell SNP
I will make my point first. As I said, I have considerable sympathy for the benefit of extending rights to people who have come to our country in the most ...
Mark Ruskell Green
Has the cabinet secretary, or have his officials, considered whether asylum registration cards, which are a form of photo ID, could provide an adequate form ...
Michael Russell SNP
As I have indicated to Mr Ruskell before—I do so again now—I am always open to ideas on the matter. One possibility might be to effect a change at a later da...
Neil Findlay (Lothian) (Lab) Lab
Does the cabinet secretary accept that, given the very small number of people that we would expect to be involved, it is a bit of a stretch to suggest that t...
Michael Russell SNP
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 ...
Adam Tomkins Con
Will the cabinet secretary give way?
Michael Russell SNP
I ask the member to allow me to make some progress. There were, of course, other views. Some people proposed a different sentence threshold or the complete ...
Adam Tomkins Con
I do not disagree with the cabinet secretary at all when he says that the proposals in the bill are likely to fall within the margin of appreciation that is ...
Michael Russell SNP
The UK Government has taken a much smaller step, but that step has not yet been challenged. As Adam Tomkins will know, as he is more experienced than I am in...
Bill Kidd (Glasgow Anniesland) (SNP) SNP
As convener of the Standards, Procedures and Public Appointments Committee, it is my pleasure to speak on behalf of the committee. I thank all those who pro...
Liam Kerr (North East Scotland) (Con) Con
Would the member concede that the ECHR does not contain a specific right to vote?
Bill Kidd SNP
I thank the member for that question. The bill seeks to comply with the ECHR by proposing that those serving sentences of 12 months or less should have the r...
Jamie Halcro Johnston (Highlands and Islands) (Con) Con
I echo the convener’s comments—although we did not always agree, we had a very constructive discussion. First, as a member of the Standards, Procedures and...
Michael Russell SNP
Will the member give way?
Jamie Halcro Johnston Con
I would like to make a bit of progress. The wider point is that citizenship is a legal relationship that binds an individual with the state. It is not about...
Neil Findlay Lab
I have to say that, given the policy agenda of Mr Cameron, he makes many people physically sick.
The Presiding Officer (Ken Macintosh) NPA
Can we have a bit more respect for members?
Jamie Halcro Johnston Con
I thank the member for that extraordinarily helpful, positive and productive comment, which I will gloss over. Admittedly, a lifting of all restrictions is ...
Michael Russell SNP
If the member wishes to talk about inconsistency, will he look at the decision in the rest of the UK, which means that any prisoner who is on temporary relea...
Jamie Halcro Johnston Con
The point is that those people are not in prison, whereas the people who are to be given the vote under the bill are in prison. On the nature of offences, t...
Alex Rowley (Mid Scotland and Fife) (Lab) Lab
I am pleased to open the debate on behalf of the Labour Party. We commend the committee for its stage 1 report on the Scottish Elections (Franchise and Repre...
Adam Tomkins Con
I will ask Alex Rowley the same question that I asked the cabinet secretary. I completely understand the argument that the franchise should be connected to r...
Alex Rowley Lab
Neil Findlay has just said to me, “No taxation without representation.” People are paying their taxes and contributing while living in this country. The cabi...
Liam Kerr Con
Is there any evidence from the countries that the member mentioned as having no such ban that there is an improvement in rehabilitation outcomes?
Alex Rowley Lab
I do not know—that is the point that I am making. Those countries have that policy in place and we need to look at the evidence. I have not yet looked at tha...