disenfranchisement

Scottish Elections (Franchise and Representations) Bill Passed

On 20 February 2020, after years of campaigning, legislation was finally passed to lift the blanket ban on convicted prisoners voting.

It's been fifteen years since the European Court of Human Rights (ECtHR) ruled that the UK blanket ban on prisoner voting was in breach of Article 3 of Protocol 1 (A3P1) of the European Convention on Human Rights (ECHR) (Hirst v. the United Kingdom (No.2)).

We gave evidence to the Referendum (Scotland) Bill Committee on the Scottish Independence Referendum (Franchise) Bill. We gave evidence to the Equalities and Human Rights Committee. We responded to the Scottish Government's consultation on prisoner voting. We gave written and oral evidence to the Standards, Procedures and Public Appointment Committee. 

We argued that a custodial sentence alone was too low a threshold for the loss of such an important right. That removing the right to vote from those serving shorter sentences had particularly arbitrary effects. That it worked against rehabilitation. That this was an opportunity to put down a marker about the value placed on democratic rights and social justice in Scotland. That we should follow the example set by other Council of Europe states. That it was about human rights and citizenship. That it was about much more than the minimum level of compliance with our legal obligations.

And on Thursday 20 February 2020, with 92 votes 'for' and 27 votes 'against', the Scottish Elections (Franchise and Representations) Bill was passed, enfranchising those sentenced to 12 months or less in custody, and ensuring that a review of the appropriateness of the 12 months cut-off point was delivered by 4 May 2023. 

We're delighted that the blanket ban has been removed, and wish to thank all our members and supporters past and present for their efforts in helping us and others to achieve this.

Of course, there's more to be done ... only extending the franchise to those sentenced to 12 months or less could still be successfully challenged through the European Court of Human Rights. We need to legislate to extend voting rights much further, so that all those people who have spent time in prison return to a community of which they feel a part and believe that they have a stake in its future. We'll also need to ensure that those who wish to vote have the information and support required to do so.

But today, let's take a (brief) moment to remember how far we've come.

Scottish Elections (Franchise and Representations) Bill 

Evidence to Standards, Procedures and Public Appointments Committee: Prisoner Voting

 
On 19 September 2019, one of our Committee Members, Prof. Antony Duff, gave evidence on our behalf to the Standards, Procedures and Public Appointments Committee on the Scottish Elections (Franchise and Representations) Bill.
 
He provided excellent philosophical arguments, alongside practical points about the need to actively promote the right to vote amongst those in prison. He made it clear that whilst we support this move to enfranchise those serving sentences of up to 12 months, that it was an unambitious and mean-minded starting point for what we hoped would later extend to all prisoners. An important point was raised about us "needing to think for ourselves", rather than simply followinging minimum compliance to ECHR.
 
It was a wide-ranging session with members keen to understand the thinking behind the franchise being extended to those serving sentences of 12 months or less, rather than any other sentence-length.
 
 

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