HUMAN rights groups have hit out at a Tory motion aiming to strip the right to vote from people serving prison sentences of less than a year.
Tories say their proposal, to be debated in the Holyrood chamber this afternoon, aims to stop the SNP making “it easy for prisoners to vote from the comfort of their cells”.
Scottish Conservative justice spokesperson Liam Kerr said the plans to give some prisoners a vote in this year’s Holyrood elections are “shameful”.
However, human rights groups have said the Tory motion serves "no purpose", and the European Court of Human Rights (ECtHR) has repeatedly ruled that a blanket ban on prisoner voting is unlawful.
Since the first ruling in 2005, the UK Government has refused to alter its law, from 1983, which says: “A convicted person during the time that he is detained in a penal institution in pursuance of his sentence … is legally incapable of voting at any parliamentary or local government election.”
READ MORE: Scottish Tory leaflet says SNP majority at May vote WILL result in indyref2
In order to comply with the rulings, the Scottish Government passed the Scottish Elections (Franchise and Representation) Act in February 2020.
This act, which passed by 92 votes to 27 with only the Tories opposed, extended the franchise to those serving a custodial sentence of 12 months or less.
A spokesperson for the Human Rights Consortium Scotland told The National that there is “simply no need to reopen this debate”.
They went on: “The Scottish Parliament, only a short time ago, made a sensible decision based on human rights that allowed only those in prison on short sentences to vote. There are much bigger issues for the Parliament to take action on now such as prison overcrowding and the huge numbers of people who are in prison without even having faced trial.”
Fraser Sutherland, chief executive of Humanist Society Scotland, said that stripping prisoners of the vote would only further exacerbate the problems offenders face when trying to reintegrate into society.
He said: "The debate on our criminal justice system needs to be focused on reducing crime and re-offending rates.
“Prison has a purpose in protecting the public at large from those who have committed an offence but it also must be an opportunity to address underlying issues that lead to criminality.
“Removing the right of prisoners with sentences under one year to vote serves no purpose other than to further disengage them from civil society, and therefore undermines any steps taken during their incarceration to rehabilitate them back into their communities once their prison term is over."
Judith Robertson, chair of the Scottish Human Rights Commission, said: “When someone is imprisoned for committing a crime, they are deprived of their liberty and some of their other human rights may also be limited. Disenfranchising people in prison constitutes an additional penalty that is not necessary. International human rights standards are clear on this point."
Robertson added that her organisation supported Scottish Government actions to remove blanket bans on prisoner voting.
Promoting his motion, Tory MSP Kerr said: “The Scottish Conservatives have been the only party to consistently oppose these shameful plans to give hundreds of prisoners the vote in May’s election.
“We urge other parties to join us and stand up against these plans from the SNP Government to enfranchise criminals in a Scottish Parliament election for the first time. This will be met with outrage by people across Scotland.
“These plans are yet another example of the SNP’s soft-touch justice attitude in action.
“While many of us will have to change our voting habits, the SNP are set to make it easy for prisoners to vote from the comfort of their cells.”
READ MORE: Kevin McKenna: This rottenness at UK’s core is salutary reminder of why Scotland needs out
His motion reads: “That the Parliament believes that no individual serving a prison sentence, including criminals convicted of serious assault, robbery and sexual offences, should be allowed to vote in the 2021 Scottish Parliament election.”
A spokesman for Constitution Secretary Michael Russell said: “We are providing £18 million to improve support, advice and information for victims and their families and our approach to the justice system has seen the lowest reconviction rate in 21 years, one of the lowest crime rates in 40 years.
“The Tories’ policies would result in Scotland being more unsafe with more victims of crime.”
Russell has proposed an amendment to the Tory motion which would have it recognise “that the extension of voting rights to some prisoners was introduced to comply with a ruling from the European Court of Human Rights that a blanket ban on prisoner voting breached the European Convention on Human Rights”.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel