Voting by Prisoners

Debate between Peter Bottomley and Richard Drax

Thursday 10th February 2011 Commons Chamber

[Richard Drax (South Dorset) (Con)]

I have heard the word “rights” used a lot this afternoon, but surely equal weight should be given to the word “responsibilities”. If someone behaves irresponsibly—criminally—they should lose those rights. My right hon. and learned Friend the Attorney-General said that he is angry about this issue, and the Prime Minister has been quoted as saying that it makes him feel sick. I suggest a remedy—a constructive one, may I humbly add?—and that is a steely spine and a determination to rid us of all these human rights laws. It beggars belief that we are having to discuss this subject at all. It only reminds us in this House how impotent we really are. Tied to the well-intended European convention on human rights, subjugated by judges and bureaucrats in Europe, and told we may have to pay £100 million to disfranchised prisoners, we are left humiliated in this place.

Preventing prisoners from having the right to vote is a point of principle for us all. They lost it in 1870, and my constituents say that they should not get it back today. I agree with the former Law Lord, Lord Hoffmann, that while democracy and freedom are certainly human rights, the right to vote is a constitutional right and is therefore different. In my view, prisons should punish. I appreciate that moves are afoot for the emphasis to be more on rehabilitation. I implore our Government that that must not be at the expense of justice.

There are two prisons in my constituency, HMP The Verne and the young offenders institution, both of which are on Portland. The Prison Officers Association already believes that prison today is no deterrent. We hear repeatedly of repeat offenders, and why? It is because there is no deterrent. Most law-abiding citizens do not have the rights and privileges that prisoners have. That is what I hear from those who guard today’s prisoners.

I understand that the Government are considering pursuing the minimum legal requirements laid down in the European Court of Human Rights ruling. As I understand it, that would mean withdrawing the right to vote from the most serious offenders: those who have been incarcerated for four years or more. With respect, that misses the point entirely. It would be an ill-considered fudge brought upon us by our coalition partners. It was always a Lib Dem promise—never ours. Such a fudge will encourage prisoners to sue the Government. Already, we hear that lawyers are circling like vultures, waiting for convicted men and women to make financial gain from this farce.

[Sir Peter Bottomley]

Would it not be best, therefore, to set the penalty at the cost of a bottle of House of Commons Speaker’s whisky, which is £20, and then to limit the legal aid to the sum that could be gained, or the case would be dropped?

[Richard Drax]

My hon. Friend is much more learned than I am, and he makes an interesting point.

Finally, I shall touch on the mechanics of giving prisoners the vote. How will we do it? Will we canvass prison cells? Will we knock on each door and ask, “What can we do to get you to vote for us?” Might murders and rapists affect the outcome of an election in a marginal seat? It sounds ridiculous and it is ridiculous. It is also completely unworkable. Surely our criminal justice system is for us and us alone.

During the election, we promised a British Bill of Rights that would balance a citizen’s rights more carefully with their responsibilities. It is time that we replaced the European convention on human rights. As one of the oldest democracies on Earth, I think we can be trusted to look after our citizens.