Jailhouselawyer's Blog

I came across the following load of crap in the Torygraph. Although they invited comments, no comments are recorded. I submitted my comment, which they did not publish, so I add it here at the end of this piece of garbage.

Prisoners don't care about their right to vote

By Jonathan Aitken
Last Updated: 2:56am GMT 15/12/2006

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Of all the troublesome problems and pressures facing Britain's ever-increasing prison population, the one that led to yesterday's judgement by the European Court of Human Rights on votes for prisoners must rank in importance about as high as tiddlywinks does in the Olympics.

The ECHR's advice (and I hope our MPs remember that in constitutional terms it is no more than advice) for the UK Government to give prisoners the right to vote while serving their sentences will no doubt get a full hearing and airing by the chattering classes.

But the criminal classes are likely to be less impressed. I can offer some well-informed guesses about how my old cellmates in HMP Belmarsh might react to the news that their Christmas present from Brussels is to be a new right to put their crosses on ballot papers from behind bars.

Indifference, incomprehension or dismissive expletives would be their likely responses. By contrast there would be serious interest in almost anything that improved their prison living conditions or their post-release employment prospects. So it needs to be recognised that this issue is much more about the priorities of European lawyers than the anxieties of British prisoners.

Let's hope that Parliament will be given the chance to debate and vote on this judgement by the ECHR for it raises moral, practical and constitutional questions that go deeper than the Whitehall establishment's usual reaction to questionable ECHR pronouncements: "We never refuse to write the Court's judgement into UK statute law."

The moral argument for ignoring the ECHR's advice starts with the commonsense view that prison is meant to be a punishment. A custodial sentence has always resulted in loss of freedom and loss of democratic rights for the duration of a prisoner's sentence. Why change that? Is there any moral imperative for such a change?

According to John Hirst, the former life sentence prisoner now released on licence who won his case before the ECHR: "The human rights court has agreed with us that the Government's position is wrong – it doesn't matter how heinous the crime, everyone is entitled to have the basic human right to vote."

The problem here is that what Mr Hirst and the European judges consider a basic human right is the opposite of what many human rights respecting nations including Britain, the United States and Australia, have long considered to be basic common sense.

The main point of a prison sentence is to show the offender and society as a whole that criminal behaviour results in loss of freedom and most of the rights that freedom offers.

Different societies may wish to argue about precisely which rights should be suspended along with liberty as the cost to the individual of criminal wrongdoing. But the place for this argument to be held is in national legislatures who even in today's EU still have control over criminal laws and penalties.

To pretend that voting is something as "basic" as the right of access to a lawyer is at best special pleading and at worst judicial meddling in the right of EU member states to decide how they will punish their criminal offenders.

The practical reasons for opposing the legislative changes required by the ECHR judgement will be less obvious to outsiders than insiders. But to give an insight into the problems which could be created for prison officers by this new voting right for prisoners, let us make an imaginary visit to the Isle of Sheppey in the General Election of 2008 where the sitting Labour MP, Derek Wyatt will be defending a majority of 79.

I know one part of Mr Wyatt's electorate all too well, the three prisons on the island – HMPs Swaleside, Elmley and Standford Hill – for I was incarcerated in two of them. Between them these jails currently house 2,224 inmates. They probably make up the biggest single interest group in the constituency.

Will Mr Wyatt and his opposing candidates be allowed to canvass the prisoners, to address them at public meetings and to answer their questions? If not will yet more "basic rights" be infringed in the opinion of the ECHR?

But even if some modicum of common sense prevails, these prison voters will be sure to be highly interested, if not highly excited by the promises they are or are not made by the competing candidates via letter and leaflet.

So spare a thought for the prison officers of Sheppey, who already often struggle in a tinderbox situation to maintain order, calm and discipline. Suddenly they will have to cope with the atmospherics of a marginal seat during the run-up to an election in which every vote counts.

"Getting lairy with the screws" (uppity and argumentative – or worse – with the officers) is already an occupational hazard in the prisons of Sheppey. Charles Dickens' Eatanswill by-election will seem tame by comparison to what might happen among the imprisoned voters of Mr Wyatt's constituency.

It is possible that this imaginary Eatanswill/Sheppey situation that I envisage might be avoided by only allowing prisoners to vote in their own constituencies, although this will be easier said than done because so many prisoners are of "no fixed abode" and others are truly local to their neighbourhood prison.

But whatever the circumstances in whatever the prison voting rights are bound to create tensions, dramas and probably excuses for inmate-to-inmate violence at General Election time.

Unworldly judges sitting in European courts have no idea what life is like at the coalface of Britain's overcrowded prison system so they would probably pooh-pooh the previous paragraphs as exaggerated nonsense. Well, wait and see.

But long before that we will have to wait and see what happens in the House of Commons where much Parliamentary time will have to be expended on making legislative sense of this unwelcome Christmas present from the EHCR.

The Lord Chancellor on The World at One gave a dangerous hostage to fortune when he said yesterday, "Not every convicted prisoner is in the future going to get the right to vote … we need to look and see whether there are any categories that should be given the right."

Oh really? So are we going to have the umpteenth Criminal Justice Bill to categorise one criminal offence after another as qualifying or disqualifying a convicted prisoner for voting? Pull the other one Charlie!

Here's a better idea. The real constitutional issue behind the judgement of the ECHR's is the Court's indefatigable drive for uniformity within the EU. Because some nations in Europe have given their prisoners voting rights, Britain should now do the same, is what the Eurojudges are really saying.

Surely Britain's MPs should exercise their constitutional right and reject the ECHR's advice. Even if it would be the first time it happened that would be one "prison escape" which majority Parliamentary and public opinion would really approve of.

Comment on this story

A golden rule of writing is that author's should only write about what they know. Otherwise they are in danger of making a complete fool of themselves. Jonathan Aitkin should have borne this in mind when penning this piece of rubbish, which is best suited for the waste paper basket.

Prisoners do care about their right to vote. The editor might recall that it was the Daily Telegraph which broke the story about my setting up the Association of Prisoners. This was formed as a direct result of the European Convention being incorporated into the Human Rights Act (1998). And, it was a ballot of the members which decided that obtaining the vote was a priority.

Not only have you spelt judgment wrong, Jonathan, in my judgement, it was not yesterday, but 30th March 2004, when the the ECtHR handed down its judgment. Where have you been all this time, on Planet Zog? Twiddlywinks is a game, the Olympics sport. This is the world of politics. Welcome to it! I thought even you would have known this.

The ECtHR does not give advice. It makes decisions which are binding on Member States. Your advice to MPs, I suspect that they do not really want to hear what you have to say on the issue, is so out of date in this modern world and totally inaccurate. Had you given me this advice I would have sued you for negligence! The constitution has moved on from the days when you read it at public school. Grow up!

You are so well informed that this Xmas present comes from Brussels. Sprouts might. The Court is in Strasbourg! Wherever did you get this notion that Britain is a human rights respecting nation? It has the worst record of human rights violations in Europe. Moreover, there are 50 cases in which the UK has yet to remedy the human rights violations found against the State in the ECtHR.

I think it is a bit cheeky to claim that you are an insider. You were only in long enough for a shit and a shave! Even in there you were an outsider, someone not to be trusted. Anyone who tries to let someone else take the rap for their crime is deemed to be as low as a child molester.

Unworldly judges sitting in European Courts? They are far more wordly-wise than yourself Jonathan, and our judges in the main, and most of our politicians. I wish you well in whatever other profession you choose to dabble in. Leave the professionals to do what they know best.