Meeting of the Parliament (Hybrid) 24 February 2021
It is obvious that there is an election in the offing. Today’s debate is, sadly, a waste of all our time. Prisoner voting was debated and voted on in this Parliament only a year ago, and there is no evidence that the matter requires review. Even if there was a need to review it, the Conservatives know that there is not enough time in this parliamentary session to do so.
The Scottish Labour Party believes that we must abide by our obligations under international human rights conventions, regardless of whether they sit comfortably. The history of the matter is that, in 2005, a case was brought by John Hirst, a British prisoner who had been convicted of manslaughter. The European Court of Human Rights ruled that a blanket ban on prisoners voting violated the ECHR’s provisions on the free expression of opinion in elections. Crucially, the court found that considerable lawful restrictions could be placed on the enfranchisement of prisoners but that a test relating to the duration of the sentence or the severity of the offence had to be applied. Restricting voting to prisoners serving one year or less not only ensured that we were not open to legal challenge but, importantly, recognised that, for more severe crimes, civil freedoms must also be restricted.
The primary purpose of imprisonment is to protect people and communities from offending behaviour. Prisons are also used as punishment for crimes by restricting freedoms. However, punishment is a secondary concern, and the first must be the protection of victims and communities. Therefore, imprisonment for crime must also be used to stop offending behaviour by ensuring that the convicted person addresses and changes their behaviour, and is fit to return to society without risk to the public. That approach also enables them to contribute positively to society. Voting can be seen as a right but also as a privilege and as a responsibility to society—a duty to elect a Government that looks after our collective interests and runs the country. To be encouraged to vote—to take that responsibility—can be seen as a step towards rehabilitating offending behaviour.
The Conservative Party has long attempted to brand itself as the party of law and order. Yesterday, its members voted against an instrument that reduced the hours that are required in the fulfilment of community work orders. They think that that will portray them as being tough on crime. However, on the most basic analysis, their logic is flawed. The alternative that they appear to want is that, despite Covid-19 restrictions, those work orders should be completed, putting at risk the lives not only of those who are serving the orders but of those they work with and of those who oversee the completion of those orders. Perhaps Conservative members would prefer that those orders became unworkable and that more people end up in prison, when that is patently not the right place for them.