Ban on prisoner votes at next election could breach human rights

Ban on prisoner votes at next election could breach human rights

European court warns ministers that delay in enfranchising convicts risks UK election not complying with current law

By Alan Travis



Next year's general election in Britain may not comply with human rights laws because ministers have dragged their feet over giving convicted prisoners the right to vote, the Council of Europe warned today.

The committee of ministers, which supervises the European court of human rights, said it was "seriously concerned" over the government's substantial delay in implementing a 2005 judgment stating it was illegal to deny prisoners the right to vote.

The resolution said the ministers were concerned that the delay risked the next UK general election, to take place by June 2010, being "performed in a way that fails to comply with the European convention on human rights".

The Prison Reform Trust said the warning was unprecedented. "Had the government accepted the European court ruling over five years ago, that the blanket ban on prisoners' voting is unlawful, it would not now be in the ludicrous position of heading for a non-compliant general election," said the trust's director, Juliet Lyon. "Governments, like the rest of us, cannot simply pick and choose the laws they like."

In the 2005 case of Hirst v the United Kingdom, the human rights court ruled that it was illegal to ban convicted prisoners from voting, irrespective of the length of their sentence, the gravity of their crime or their individual circumstances.

The case was brought by John Hirst, who runs the site jailhouselawyersblog.blogspot.com. On the latest figures this blanket ban will prevent 63,600 convicted prisoners from voting in next year's general election.

In 2006 the government drew up an action plan to implement the Strasbourg ruling, which included a formal consultation on its response. The subsequent consultation paper ruled out voting rights for all prisoners, but in March 2007 ministers postponed any further action.

A second consultation began in April this year on proposals to enfranchise convicted prisoners sentenced to terms of four years or less, and this was due to finish in September. But ministers have been making clear that legislation is unlikely this side of the general election.

The Council of Europe also points out that the results of the first consultation showed that only four of 88 of those who responded backed the government's approach of enfranchising just those prisoners serving four years or less. The majority of those who responded wanted to see voting rights for all prisoners.

The Council of Europe said it was urging the government to rapidly introduce legislation to implement the 2005 court ruling and would look at the case in March.

The Ministry of Justice said that the issue of prisoner voting rights was one that the government took very seriously and it remained under careful consideration. "The right to vote goes to the essence of the offender's relationship with democratic society, and the removal of the right to vote in the case of some convicted prisoners can be a proportionate and proper response following conviction and imprisonment.

"The government has undertaken a two-stage consultation process on prisoner voting rights. The second stage consultation has recently closed (29 September). The government is carefully analysing the responses to that consultation."