another headache for the coalition on prisoner voting

i do hope those mps who will debate the votes for prisoners motion realise that its not just the european convention on human rights realise that the european union treaties also give them votes.

this is part of the evidence given to the house of commons, political and constitutional reform committee by aidan o'neil 

 

HOUSE OF COMMONS

ORAL EVIDENCE

TAKEN BEFORE THE

POLITICAL AND CONSTITUTIONAL REFORM COMMITTEE

PRISONER VOTING

TUESDAY 1 FEBRUARY 2011

 

 

 

 

Aidan O’Neill: It is not unfair, I am afraid. There are plenty of clients waiting in the wings certainly. It is a very interesting point. The European Court of Human Rights said one has six months, but they did that on the basis of not taking into account the forthcoming Scottish elections and Welsh elections-this is not simply a devolved aspect, generally-which was perhaps unwise, but there it is. So the Greens, in giving six months, were looking solely looking at UK-wide elections.

The second point is that, as a matter of EU law, there is a right to vote in municipal and devolved elections. That is an EU citizenship right. There was no opt-out from EU citizenship rights in the Charter; those rights are confirmed in the Charter. The opt-out was specific to social workers’ rights, basically. So those citizenship rights apply in full to the UK, as they do across the European Union. It is a lawyers’ argument. I am not saying it is necessarily going to win-it will certainly have an uphill battle before the courts here-but it is another avenue that has opened up. In fact, it was an avenue that was suggested by the UK Government in Greens. They said, "Here is a point you have not taken; so, therefore, you have not exhausted your rights". Well, maybe they are right. I will follow the UK Government’s advice on this perhaps, if a client 

 

Comments

[Ronnie]

I find it hard to understand why any prisoners should be deprived of the right to vote; I should be quite happy to extend the franchise also to peers and lunatics. Do you know if prisoners would vote at their prison or home addresses? I suppose one has to imagine a candidate returned by 10 votes or losing by 10 votes in a constituency with a prison containing 10 murderers,10 rapists or 10 vicars who had failed to pay a fine for riding a bicycle without lights.

Ronnie

[Tony]

nice to see you again ronnie.
prisoners on remand already vote. they have a postal vote. i suspect this will happen when convicted prisoners are given the vote.
the summary of evidence from the house of commons political and constitutional reform committee can be found here

http://www.publications.parliament.uk/pa/cm201011/cmselect/cmpolcon/776/77602.htm