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Denis MacShane

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It's Time to Give Some Prisoners the Right to Vote

Posted: 24/10/2012 12:22

The government is right to suggest some compromise on the issue of prisoners' voting rights and sensible MPs should support this. However this won't happen for three reasons. The Daily Mail, the Daily Telegraph and the Sun. Our off-shore owned populist press now has more sway on public policy than MPs, think-tanks and most government departments.

To resume. For a number of years the view has taken hold amongst those who see prison as a process of rehabilitation and not revenge that prisoners should be able to take part in activities that they would undertake if not deprived of liberty. They can write novels, become good at sport, study for degrees, and towards the end of their sentence be released on a tagged basis. In some countries there are conjugal visits. The fact is that the fewer the number of prisoners and the better they are treated the lower the level of crime.

Therefore as we want all citizens - those at liberty and those temporarily deprived thereof - to be active in citizenship why not let them vote as well. Other countries have adopted this position. Switzerland, for example, has allowed prisoners to vote for more than 40 years. France takes a different position. A judge can add to a prison sentence a forfeiture of civic rights as an additional penalty in the case of serious crimes.

This satisfies the European Court of Human Rights. I suggested this compromise to various home and justice Secretaries as well as the attorney general, Dominic Grieve. At the time they pooh-poohed the proposal and said judges did not want to alter their system of sentencing.

That seemed a specious argument though it is true that judges do seem to be a law unto themselves. Now the government has come up with a sensible compromise based on allowing voting rights for sentences of fewer than four years.

But there are still many MPs who still want to get on their chargers, lower their lances and tilt at full speed against the European Court of Human Rights. They are encouraged in this by the off-shore owned tabloid press. The Daily Telegraph today says that again Brussels is imposing its unwanted diktat on Britain. Clearly the Telegraph's proprietors have a map of the Channel islands where they live but someone might give the paper's editor a map of Europe where he can find out that the European Court of Human Rights is in Strasbourg and has nothing to do with Brussels or the EU.

Again it seems necessary to repeat that the European Convention on Human Rights and its court was set up as a post-war British initiative and has served the cause of human rights and democracy well. Asia, Africa and the Americas would benefit from having such a Court to poke its nose into big and small abuses of human rights norms in non-European countries.

To be sure, it has been uncomfortable for successive British governments to be called to order in Strasbourg. On torture of interned prisoners in Ulster in the 1970s, on paedophilic beatings of small children in schools, on gay rights it has been the Court nudging Britain to a better place even if tabloid and populist politicians were hostile at the time.

Dominic Raab, the Tory MP, led a fine campaign in the Commons over the scandal of the brutal treatment and killing in a Russian prison of the British linked lawyer, Sergei Magnitsky. But like so many Tories he is good on human rights in another nation but nervous of upholding them at home, especially at the instigation of a body with the name 'European' in it.

He is quite wrong to assume that the ECHR having come after years of deliberation to its view that prisoners can be allowed some voting rights will now back down any more than it backs down on human rights questions in other countries under its jurisdiction like Russian or Turkey.

Of course, the UK can leave the Council of Europe and withdraw from the ECHR and the court. But no British government can seriously contemplate this. There will be much frothing about the government's pragmatic decision. It should be backed and MPs should move on to other business.

 

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The government is right to suggest some compromise on the issue of prisoners' voting rights and sensible MPs should support this. However this won't happen for three reasons. The Daily Mail, the Daily...
The government is right to suggest some compromise on the issue of prisoners' voting rights and sensible MPs should support this. However this won't happen for three reasons. The Daily Mail, the Daily...
 
 
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03:02 PM on 10/28/2012
I think its right prisoners get the vote. they are completely controlled by the current govt and their policies, and so should be able to vote. there should be no criminal groups running for parliament so its just another way elitist parties get 2 keep even more control. they know most prisoners will vote for a more left wing party. bet white collar criminals who do people out of millions of pounds get to keep their right to vote, as do all the mp's who commit fraud through expenses etc.
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05:37 PM on 10/27/2012
Being sent to prison should deprive a person of most of their rights. If they have been convicted of a crime by a jury of their peers that warrants jail-time, they should lose the right to participate. They have chosen to eschew society's rules, why should we allow them a stake in it?

The right to vote could be treated in the same way as a spent conviction, once a suitable amount of time has passed they no longer have to declare said conviction, that's when they get back their right to vote.

Prison is supposed to be a deterrent, not a combination of college, Club Med and hotel!
11:49 AM on 10/27/2012
Ah, the sneering of the liberal establishment at the great unwashed’s attitude to crime and punishment.

The population at large accept that prisoners do not lose all of their human rights once they are incarcerated. They should not be starved for example, or beaten.

However, it is also accepted that there are some rights that should be removed. The right to freedom of movement, for example. And, despite the decision after “years of deliberation” of the worthies in Strasbourg, most people in this fair land put the right to vote in the same category.

Unlike Cameron, the prospect of criminals getting the vote does not make me feel physically sick. However, the cheerleaders for the idea that it should be demanded as an inalienable human right, with their lazy jokes about The Daily Mail etc, do make me feel a bit bilious.
10:46 AM on 10/27/2012
More fiddling while Rome burns, if you cant do the time don't do the crime, end of. I'd be more concerned about getting this country back to work and a reasonable wage structure than trying to garner votes from prisoners for pathetic excuses of politicians who have directly assisted the banks in reducing the population to the poverty levels of the 1900's.
11:35 PM on 10/24/2012
"The fact is that the fewer the number of prisoners and the better they are treated the lower the level of crime".

So if you didn't imprison people who would otherwise commit a crime, the level of crime would drop??
05:52 PM on 10/28/2012
Yes. Right on. It depends whether the public at large want prison to be punishment - a visible sign that some kind of justice has been meted out. Or should it be akin to the asylyms of the 1960s, places to try to repair people then plug them back into the very society (so far as lawbreakers go) that they defiled. The present faffing about just costs taxpayers more than need be. Some decision should be made before more money is wasted. Punishment or therapy centre?

My personal view is that we should go with what we know works rather than expose society to nice-sounding but dodgy experiments.

Prisoners should be made to work for their keep, lifting the burden from taxpayers. Then if they want to improve themselves they do it in their remaining time like most adults do when improving their education. As they decided to attack society, the can't really expect society to give them the right to vote for the way in which that society is run.
03:19 PM on 10/24/2012
"The Daily Mail, the Daily Telegraph and the Sun. Our off-shore owned populist press now has more sway on public policy than MPs, think-tanks and most government departments."
Personally i'm not swayed by any of the above who are usually in it for the benefit of selling themselves .
As most of the public have been victims of at least one crime I'd say most of the public dont feel like giving prisoners anymore rights that they already enjoy. Which many too would argue have far more than they should have. There should be better alternatives to prison and perhaps these think tanks and mp's should get together and come up with working solutions to let more petty criminals try and make amends for their crimes that would benefit society instead of costing us a same fortune . Locking them up all day with playstations isnt doing anything to solve the problems .
02:17 PM on 10/24/2012
I don't think the British government, or any other nation's government for that matter, should be wasting time and money on a system that is outdated and of questionable value to law abiding people.
For many centuries the world has been using many, some very barbaric, means of execution as a deterrant to murder and they have failed to stop man killing his neighbour.
Similarlly, the cofinement of individuals breaching the ever changing limits of publicly acceptable behaviour, has been proved to be of questionable value to society.
The think-tanks should be putting their effort into finding the root cause of the envy that makes a person covet somebody else's possessions and rectify that.
03:08 PM on 10/28/2012
i'l save them the trouble... its mainly poverty and desperation, and poor education and options for the lower classes. for the upper classes who have been entitled to fabulous education and opportunities, its pure greed. but which ones are more likely to do time????? the single mum tryin2feed her kids or the spoilt rich investment banker who wanted 2 squeeze out an extra few million???? if a council tenant rented 1 of their bedrooms, theyd b fined, imprisoned etc, yet ok 4 mps 2 rent homes 2 each other? 1 rule for the insanely rich and another for the rest of us.
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01:23 PM on 10/24/2012
Marginal constituencies with prisons in them. Awkward!
Maybe a prisoner's M.P. would resolve the issue. All prisons would form one constituency.
03:10 PM on 10/28/2012
interesting idea, yet the 'winner' would almost certainly b a lib dem or labour member, 1 seat out of 300 odd is unlikely to ever get anything passed.