prisoner voting
Prisoner Voting
On 4 May 2023 the Scottish Government published a report, ‘Prisoner Voting in Scottish Devolved Elections’. It reached the paradoxical conclusion that whilst it considers that “there is not at present sufficient data available to assess the impact of any potential change to the sentence threshold” it also “does not plan to revisit the 12-month threshold for prisoner voting”. We made unsuccessful attempts to engage with the Citizen Participation and Public Petitions Committee which was covering this.
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 Report
On 13 November, the Standards, Procedures and Public Appointments Committee published its report on evidence taken on the Scottish Elections (Franchise and Representations) Bill. It concluded that they “would like to see the … policy on prisoner voting driven by principle and evidence” and that “the Scottish Government has settled on an approach which fails to address the central question of what disenfranchisement seeks to achieve”. We will continue to campaign for the franchise to be extended to all prisoners.
Standards, Procedures and Public Appointments Committee Report
Franchise Extended to Prisoners to Vote in the Shetland By-Election
We welcome the Scottish Government's announcement (01 August 2019) that it will take steps to align the franchise for the Shetland by-election with the European Convention on Human Rights (ECHR). A Remedial Order has been used to extend the franchise to those sentenced to prison terms of 12 months or less, following the 2005 European Court of Human Rights ruling which found that the UK Government's blanket ban on prison voting to be a breach of human rights. Whilst accepting its legal obligation under the Scotland Act to comply with the ECHR, we are disappointed that the Scottish Government has chosen the route of minimum level of compliance, eschewing the opportunity to signal the inclusive and democratic character of Scottish society.
https://www.gov.scot/news/franchise-for-shetland-by-election-to-be-aligned-with-court-ruling/
