Prisoners’ 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 26^th March 2010 here.
2. Before the European Committee of Ministers on 5th June 2009 here ; on 3rd December 2009 here and on 4^th 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 Committee 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 Committee of Ministers, on 7th June 2010, has expressed profound regret at the General Election taking place on a convention incompatible footing here.
7. Read the House of Lords debate on the subject on 9th June 2010 here
8. The Committee of Ministers once again, on 16th September 2010, expressed its deep regret at the failure of the UK Government to respond to the clear decision of the European Court of  Human Rights.  It recorded the absence of  “tangible and concrete information”  about what the Government was doing to implement the judgement of the Court.  The Committee note that the Court had communicated three cases to the Government with a view to adopting the pilot judgment procedure.  Over 1340 applications have been received by the Court.  Read the resolution adopted by the Comittee of Ministers here.
9. Read another House of Lords debate on the question: to ask Her Majesty’s Government what action they are taking to comply with the judgment of the European Court of Human Rights on the voting rights of prisoners on 18th October 2010 here
10. The House of Commons debated the matter on 2nd November 2010 here
11. The Prime Minister was questioned about the topic on 3rd November 2010.  Read it here
12. Read the evidence given by Mr Kenneth Clarke MP [Lord Chancellor] before the Joint Comittee of Human Rights on 16th November 2010 here [Q36 on prisoners right to vote]
13. Read the draft resolution of the Committee on Legal Affairs and Human Rights condemning the government’s continued failure to implement the Grand Chamber decsion in Hirst here
14. Read the resolution adopted by the Comittee of Minsters on 2nd December 2010 here
15. Read the Ministerial Statement on 20th December 2010 by The Parliamentary Secretary, Cabinet Office (Mr Mark Harper) here.
16. Read the ministerial statement on 20th December 2010 by  The Minister of State, Ministry of Justice (Lord McNally) here
17. Read the Westminster Hall debate of 11th January 2011 here
18. Read the House of Commons debate of 10th February 2011 here
19. Read Written Answer by Mark Harper, Under Secretary for Constitutional and Political Reform 28th March 2011 here
20. Read PM David Cameron on 11th May 2011 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 Court of Appeal refused the prisoner’s appeal against the High Court decision: Chester v Secretary of State for Justice & Anor [2010] EWCA Civ 1439 (17 December 2010) which can be accessed here

A further application on behalf of a number of prisoners has been rejected: Tovey & Ors v Ministry of Justice [2011] EWHC 271 (QB) (18 February 2011) which can be accessed here

An application to judicially review a refusal to include a serving prisoner on the electoral roll was lodged with the Court of Session.  Lord Tyre refused interim orders and dismissed the petition.  Read his judgement here.  Read the Human Rights blog about this case here

Greens & MT v United Kingdom European Court of Human Rights

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.

The European Court of Human Rights issued its decision in Greens & M.T. v United Kingdom on 23rd November.  Read the judgement here.

On 1st February an application was submitted requesting referral of the case to the Grand Chamber.

On 22nd February 2011 the UK also made application to have the case referred to the Grand Chamber.  Read the application here

On 11th April 2011 the Grand Chamber declined to hear the case.  Read the press release here.  The judgement this became final on 11th April 2011 and the timetable laid down by the Court operates form this date.  Responsibility for the enforcement of the judgement passes to the Committee of Ministers

Comment

Read the Guardian here

Read the ECHR blog here

Read the UK Human Rights blog here

Read the House of Commons debate on 23rd November 2010 here

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

Read Philip Johnston, Assistant Editor of the Daily Telegraph on 20th September 2010 here

Read ’There is no get-out-of-jail card on prisoners’ rights’ by Ian Bell, The Herald 2nd November 2010 here

Read The Guardian 23rd November 2010 here

The UK now lags behind Kenya which has given its prisoners the right to vote.  See the BBC report here.  Read the judgement of the High Court of Kenya here.

Read the UK Human Rights Blog on the ‘unappealing tactic’ of the UK government here

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

Read the Economist here

Read The Council of Europe’s Commissioner for Human Rights Thomas Hammarberg on 31st March 2011 here

Read The Telegraph 13th April 2011 here

Read the Daily Mail 13th April here

Read the Human Rights Blog 13th April 2011 here

Read the Guardian 13th April 2011 here

Read the BBC 12th April 2011 here