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Chamber

Meeting of the Parliament (Hybrid) 24 February 2021

24 Feb 2021 · S5 · Meeting of the Parliament
Item of business
Prisoner Voting
Smith, Liz Con Mid Scotland and Fife Watch on SPTV

I am strongly opposed to prisoner voting and have been for a long time. I hope that my decision is based on careful consideration of both sides of the argument, not on arrogance, a lack of compassion or nastiness; neither is it a knee-jerk reaction.

That careful consideration is, to my mind, important; so, too, should be scrutiny in the Parliament, and the Scottish Conservatives will make no apology for restating our case in this party business debate.

There are two key aspects to the debate: what might be termed the more philosophical approach and what might be seen as the more practical approach often identified by the public. Both of those approaches come together in the view that those who have committed a crime have not only broken the social contract in philosophical terms, but put themselves outside the law voluntarily, having chosen not to value the privilege of citizenship and civic virtues. As such, they should be denied the opportunity to decide who will make the laws for the time that they are in prison.

Disenfranchisement reinforces society’s denunciation of criminal activity, which is what leads many in society to believe that prisoners cannot be trusted to respect the will of the people and abide by the law. Incarceration is a period of removal from the normal freedoms and privileges of society, such as personal liberty, the right to privacy, and some freedoms of speech and expression. Weakening those privileges is the aspect that most fuels public anger.

As Liam Kerr rightly said, there are serious criminals in prison serving 12 months or less who might well end up voting in the next election. It is not just their victims who are angry about prisoners having the vote; the public at large feel that it is inherently unfair and wrong that prisoners are permitted to vote. I am sure that that is why—this was shown in the latest YouGov poll on the issue—63 per cent of people are against prisoners having the vote. Of course, that is about the same percentage who believe that the current justice system does not hand down sentences that fit the crime.

Many people argue that prisoners deserve a second chance, and that permitting them to vote provides them with the necessary respect and responsibility to prepare them for the outside world once they have served their time. For me, that is a privilege that should be accorded only once they have demonstrated that they have again become law-abiding and upstanding citizens. In any case, there is no evidence to tell us that prisoner voting cuts reoffending rates. If there was convincing evidence of that, that might have greater influence on the debate.

I accept that it is important to distinguish between those who have served their time and those who are still in prison. Once an individual has completed his or her sentence, he or she should be free to participate in public life again. This whole debate is a balance between citizenship and redemption, that is why former prisoners should immediately be handed back their citizenship and freedom once they have served their sentence.

Voting in elections is a democratic right, but it must be earned; it is not a given right in every circumstance. Voting is about having a stake in society and allowing prisoners to vote would mean that politicians were arguing that criminals have the same right as others to elect those who make the law. In my book, that cannot be right, and I do not think that many members of the public—or even many members in the chamber—think that that is right. Indeed, I think that many members of the public will seriously question in May why prisoners should be free to vote from their cells when many other people will be making huge efforts to attend a polling station.

I am utterly convinced that prisoners should not be voting, and I whole-heartedly support the motion in the name of Liam Kerr.

15:24  

In the same item of business

The Deputy Presiding Officer (Lewis Macdonald) Lab
I remind members to observe the social distancing measures that are in place in the chamber and across the campus, including when entering and exiting the ch...
Liam Kerr (North East Scotland) (Con) Con
During the Shetland by-election in September 2019, the Scottish National Party used ministerial diktat to sneak through a change to the franchise and bypass ...
Tom Arthur (Renfrewshire South) (SNP) SNP
Will the member give way?
Liam Kerr Con
I will not give way. Mr Arthur must let me make the point. One hundred and nineteen criminals are currently in prison on a 12-months-or-less sentence for at...
Tom Arthur SNP
Liam Kerr is perfectly entitled to his view. However, I take issue with his suggestion that the SNP pushed through the change. As he knows fine well, changes...
Liam Kerr Con
Mr Arthur’s summary is, indeed, a fact—as is the fact that the minister and his colleagues founded on a misunderstanding of the Hirst judgment in order to pu...
The Cabinet Secretary for the Constitution, Europe and External Affairs (Michael Russell) SNP
Again and again, the Conservatives come to the chamber and denounce the choice of topic for a statement or a debate. It is therefore ironic that they have ch...
Liz Smith (Mid Scotland and Fife) (Con) Con
For the cabinet secretary to talk about “abuse of the Parliament” this week is a bit rich. Is the cabinet secretary aware of the most recent YouGov polling,...
Michael Russell SNP
I am aware of two things. One is the cynical exploitation of a range of issues this week by the Conservatives. I am familiar with that, it is a disgrace, and...
Liam Kerr Con
Will the cabinet secretary give way?
Michael Russell SNP
I will give way—not because Jamie Halcro Johnston shouts from a sedentary position, but because I am interested in seeing how much more arrogant Mr Kerr will...
The Deputy Presiding Officer Lab
We have a point of order from Jamie Halcro Johnston.
Jamie Halcro Johnston (Highlands and Islands) (Con) Con
On a point of order, Presiding Officer. Yet again, we find ourselves in a situation in which the cabinet secretary is using what I would consider disrespectf...
The Deputy Presiding Officer Lab
I remind all members of the need for courtesy in their use of language when referring to one another in the chamber.
Liam Kerr Con
I am grateful to the cabinet secretary for taking the intervention. When giving criminals the vote, why did the SNP Government go further than it was require...
Michael Russell SNP
It did not go further than required. It put in place a sensible solution that has been used elsewhere. I cannot account for the fact that Mr Kerr seems to re...
The Deputy Presiding Officer Lab
Please draw your remarks to a close.
Michael Russell SNP
My amendment rightly wipes out the offensive motion and replaces it with the facts of the matter. I hope that my amendment will be supported across the chamb...
Rhoda Grant (Highlands and Islands) (Lab) Lab
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 Pa...
Liam Kerr Con
I am interested in the member’s characterisation of that. If she truly believes in rehabilitation, how can she support the cutting of 300,000 unpaid work hou...
Rhoda Grant Lab
Liam Kerr was at the Justice Committee and heard the questions that I asked of the Cabinet Secretary for Justice about ensuring that the work that went towar...
Liam McArthur (Orkney Islands) (LD) LD
The Conservatives’ motion rings a bell. That is because Liam Kerr and his colleagues have previous. In the run-up to the general election in 2019, the Tories...
John Finnie (Highlands and Islands) (Green) Green
The election of a dishonest, racist and misogynist leader, the UK Prime Minister, might suggest that Tories believe in redemption and the power to change. We...
Liam Kerr Con
On a point of order, Presiding Officer. I would welcome your guidance; I am wondering whether the member will bother to address the motion at any point in hi...
The Deputy Presiding Officer Lab
This is an opening speech in the debate, and I expect Mr Finnie to address the motion.
John Finnie Green
That is what I am doing, Presiding Officer. I value shrieval judgments in Scotland and rulings of the European Court, not the rantings of Mr Kerr about his ...
The Deputy Presiding Officer Lab
We now move to the open debate. I remind members that we are tight for time—there is a strict four minutes for speeches. 15:20
Liz Smith (Mid Scotland and Fife) (Con) Con
I am strongly opposed to prisoner voting and have been for a long time. I hope that my decision is based on careful consideration of both sides of the argume...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
In my opinion, the Conservative motion that we are debating is both surprising and baffling. I associate myself with the remarks made earlier by Rhoda Grant,...
James Kelly (Glasgow) (Lab) Lab
Like many other members across the chamber, every day I receive numerous emails about people’s concerns. Particularly in light of the pandemic, they are worr...