Right to Vote

In the case of Smith v Scott  2007 SC 345;  2007 SLT 137;  2007 SCLR 268  a successful application was made for a declarator of incompatibility in respect of the statutory blanket prohibition in prisoners voting a Scottish and UK Parliamentary Election.

On behalf of a Taylor & Kelly client, application was made to the Electoral Registration Officer for inclusion on the Electoral Roll.  This refusal was appealed to the local Sheriff at Alloa Sheriff Court and subsequently to the Registration Appeal Court.

The Government have failed to remedy that breach and this has been the subject of criticism:

  1. Before the Joint Committee on Human Rights: on 7th October 2008 here; on 27th January 2009 here and 26th March 2010 here.
  2. Before the European Comittee of Minsters on 5th June 2009 here ; on 3rd December 2009 here and on 4th March 2010 here.
  3. Read the submissions of Liberty and the Association of Members of Independent Monitoring Boards to the Comittee of Minsiters here
  4. Read the submission of UNLOCK and the Prison Reform Trust to the Comittee of Ministers here
  5. By Written Question from a member of the Parliamentary Assembly to the Committee of Ministers for consideration on 24th February 2010 here.
  6. The Comittee of Ministers, on 7th June 2010, has expressed profound regret at the General Election taking place on a convention incompatible footing here.

Further challenges were made before the domestic courts on the basis of this continuing incompatibility with convention rights:

XY v Scottish Ministers: 2007 SLT 657; 2007 S.C. 631; 2007 SLT 566.  On the basis that the ‘act’ of the Scottish Ministers in recalling a petitioner to custody was incompatible with convention rights in that it rendered that person incapable of excercising his right to vote.  Read what Lord Macolm said about this challenge here and what the Inner House of the Court of Session said here

 Traynor & Fisher v Scottish Ministers:[2007] CSOH 78.  A challenge to the Executive promulgating secondary legislation in connection with the Scottish parliamentary elections, again as being an ‘act’ incompatible with convention rights.  Read Lord Malcolm’s decision here.

There has been a further (unsuccesful) challenge on the domestic front:  R (Chester) v 1. Secretary of State for Justice 2. Wakefield Metropolitan Prison [2009] EWHC 2923 (Admin) which can be read here

The Prison Reform Trust and UNLOCK have published a briefing paper on this entitled “Barred from Voting” which can be accessed here

Applications have now been submitted to the European Court of Human Rights and a number of these have been communicated to the United Kingdom Government.  See: Greens v United Kingdom here.

Read a House of Commons Library note on the issue of Prioner’s Voting Rights (issued 23rd June 2010) here.

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