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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
Rowley, Alex Lab Mid Scotland and Fife Watch on SPTV

Neil Findlay has just said to me, “No taxation without representation.” People are paying their taxes and contributing while living in this country. The cabinet secretary said that he did not want to enter into a discussion about citizenship, but it is a valid one to have, and I am happy to continue it with Professor Tomkins as we move through the bill process.

It is vital that we ensure that the rights that are currently held by EU nationals living in Scotland are protected in the event of the UK leaving the EU. I welcome the safeguard that is being put in place to ensure that voting rights are guaranteed based on residency status. It means that the current voting rights of EU citizens will be reaffirmed in all scenarios at this uncertain time.

The committee raised concerns over the high number of people who are eligible to vote but who are not on the electoral register, as well as the number of people who are not correctly registered. The integrity of the register must be looked at and kept to the highest standard. I ask the Scottish Government to consider what moves can be taken to ensure that the register of local government electors is as complete and accurate as possible, especially given that the bill takes steps to extend the franchise. Although the moves to extend voting rights are welcome, it is clear from witnesses to the committee that voter education must go alongside them. We cannot simply enfranchise voters without making sure that they have the information to make an informed decision and have a good understanding of voting processes. That includes making information accessible.

I note that the cabinet secretary has committed to promoting engagement with the Scottish Refugee Council and other organisations working at a local level and across Scotland, with the finance and resources required, but it would be helpful to have a clearer picture of how much support is required and whether the necessary levels of financing will be provided so that it is not just a token gesture. If we are to follow through on the aims of the bill, proper resourcing is required to ensure that those aims are met.

I concur with the view of the committee that it is essential that

“policy on prisoner voting is driven by principle and evidence.”

The Scottish Government has full control over legislating on prisoner voting in devolved elections. It is clear that the current blanket ban on prisoner voting is unsustainable, particularly given that it puts our country at odds with the European convention on human rights. The Scottish Centre for Crime and Justice Research points out that Denmark, Sweden, Norway, Finland, Switzerland and Ireland have no electoral ban on prisoners being able to vote. We should look at the evidence from those countries see what lessons can be learned here in Scotland. The committee’s stage 1 report notes that

“the Scottish Government has settled on an approach which fails to address the central question of what disfranchisement seeks to achieve.”

It is vital that we look at that and find an approach that is, as the committee says,

“driven by principle and evidence.”

Reform in this area is badly needed, so we need to move it forward.

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...