Prisoners: Voting Rights

Lord Lester of Herne Hill
asked Her Majesty's Government:

What information they have provided to the Committee of Ministers on the implementation of the judgment of the European Court of Human Rights in Hirst v United Kingdom on prisoners' voting rights; and [HL3176]

What is the Government's current action plan to implement the judgment of the European Court of Human Rights of 6 October 2005 in Hirst v United Kingdom; and [HL3177]

Whether, and if so when, they intend to introduce draft legislation to implement the judgment on Hirst v United Kingdom. [HL3180]

The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Hunt of Kings Heath)
The Government have previously submitted to the Committee of Ministers a timetable based on a two-stage consultation process aimed at establishing the views of the public, electoral administrators and others on how the franchise should be extended and on the wealth of detailed questions about how this would be achieved in practical terms. The first consultation exercise concluded in March 2007. However, since that point the context for the debate about the rights and responsibilities of citizenship, and in particular the exercise of the franchise, in the United Kingdom has changed very significantly.

In July 2007 the Government published The Governance of Britain, a Green Paper setting out a range of proposals to reinvigorate democracy and rebuild public trust and engagement in politics. At the core of the Green Paper is a proposal for a national debate on citizenship, and the rights and responsibilities that attach to the concept of being a citizen. The Government committed to taking action to ensure a clearer definition and understanding of the rights and responsibilities that attach to British citizenship. In addition, the Goldsmith review published on 11 March 2008 made recommendations about the right to vote being linked to citizenship.

The Government remain committed to carrying out a second, more detailed public consultation on how voting rights might be granted to serving prisoners, and how far those rights should be extended. In light of The Governance of Britain Green Paper and the Goldsmith review, the Government consider it essential that changes to the law to extend the franchise to those held in custody are considered in the context of the wider development of policy on the franchise and the rights that attach to British citizenship, in order that reform in this fundamental area can proceed in a holistic way.

The Committee of Ministers is next due to sit from 4 to 6 June 2008 and the Government have submitted details of our intended course of action. We intended to submit further information to the Committee of Ministers in due course on the form and timing of a further consultation in the light of the wider debate which is now taking place. Following consideration of the outcome of consultation, legislation to implement the Government's final approach will be brought forward as soon as parliamentary time allows.

Lord Lester of Herne Hill
asked Her Majesty's Government:

What are the reasons for the delay in publishing the responses to the Government's consultation process on the implementation of the judgment of the European Court of Human Rights in Hirst v United Kingdom; and [HL3178]

Whether the judgment in Hirst v United Kingdom can be implemented without amending Section 3 of the Representation of the People Act 1983 either by primary legislation or remedial order. [HL3179]

Lord Hunt of Kings Heath
The Grand Chamber of the European Court of Human Rights found that in the case of Hirst the UK's current policy of a blanket ban on all sentenced prisoners from voting is in contravention of Article 3 of Protocol No.1 of the European Convention on Human Rights. Therefore it is anticipated that Section 3 of the Representation of the People Act 1983 will need to be amended either by primary legislation or remedial order to comply with the judgment.

The Government are currently considering how to take forward the implementation of the Hirst judgment in light of the first stage consultation on this issue and will publish the responses in due course. We also remain committed to carrying out a second, more detailed public consultation on how voting rights might be granted to serving prisoners, and how far those rights should be extended. This is a sensitive and complex issue, and we need to look very carefully at what the right approach should be; ultimately it will be a matter for Parliament to decide.