Prisoner vote ban 'means election could break law'

Prisoner vote ban 'means election could break law'

The general election will break the law unless the ban on prisoners voting is lifted, a pressure group has warned.

The government has resisted calls to allow prisoners the vote

"Barred From Voting, which includes prison governors, penal reformers, politicians and church leaders, says new legislation is needed immediately.

In December, the Council of Europe's Committee of Ministers said the ban meant the election risked breaching the European human rights convention.

The Ministry of Justice said the issue remained under "careful consideration".

In 2005, the Grand Chamber of the European Court of Human Rights declared that it was unlawful to deny all sentenced prisoners voting rights in UK elections.

Since then, the government has consulted twice on voting reforms, but there is no sign that any changes will be in place by the general election.

The Committee of Ministers at the Council of Europe expressed "serious concern" that there was a "significant risk" the election might fail to comply with the European Convention on Human Rights.

The Barred from Voting group has amplified those concerns, but says there is still time for ministers to introduce measures to enfranchise sentenced prisoners".

If the government calls for the general election before all convicted prisoners get the vote, it is not a question of could rather it is a fact that the government will be breaking the law.

This response is not good enough but is just a fob off: "The Ministry of Justice said the issue remained under "careful consideration".

It is the Minister of Justice, Jack Straw's legal and political and moral responsibility to lay a draft Bill before Parliament to enable Parliament to debate the issue before passing the necessary legislation to comply with the UK's obligations to abide by the Convention and ECtHR decision in Hirst v UK(No2).

The government is at the crossroads but "there is no sign that any changes will be in place by the general election".

Is it pantomime season again already?

Eric Pickles Tory party chairman

The government is not giving any sign to the general population the seriousness of the trouble that the UK is in with the Committee of Ministers in the Council of Europe. The interim resolution is the penultimate stage for resolving the UK's problem. The next stage is that in March, my legal team will make submissions alleging systemic violation by the UK and seek that Hirst v UK(No2) is returned to the ECtHR for a ruling and invoke the final resolution. The Court then lays down in specific terms what the UK must do to comply with the judgment and within what time limit. A failure to comply will result in the UK being suspended from the Council of Europe. Although this is separate from the EU, because it is also a requirement that EU Member States abide by the Convention and ECtHR decisions, the UK will also be suspended or kicked out of the EU.

Is this a gamble the UK is prepared to take? I wouldn't gamble on the government's position. However, I have gambled £20 with William Hill at 20/1 that all or the majority of prisoners will get the vote by the next general election.

Time besides the law is on the prisoners side. There is still time for Parliament to resolve this issue.