§ Question proposed, That the clause stand part of the Bill.
§ Mr. Simon HughesThis clause is also an improvement. In the past, if one was unconvicted in prison, one had the right to vote in theory, but that right would normally be registered at one's home, so in fact one would lose one's vote because if one was in prison at the time of registration, no one would do anything about it.
Those of us who have prisons in our constituencies—I am not one, but I think that my hon. Friend the Member for Isle of Wight (Dr. Brand) has the largest number of prisoners in his constituency—may suddenly inherit a large number of voters in the form of the unconvicted prisoners temporarily resident in one of Her Majesty's institutions. It is clearly right to give people the right to vote where they are, and if they are unfortunately resident on remand in a prison for several months, that is where they should be able to vote.
People on remand are often of very little fixed abode elsewhere, and the prison may be the most permanent residence that they have had for some time. The measure will not affect huge numbers, but it brings into the political process people who were previously kept out, which is welcome.
§ Mr. George HowarthAs the hon. Gentleman rightly says, the clause is designed to make it easier for people who are remanded in custody to register as electors. Remand prisoners currently have the right to vote— although some of the press reporting would have us believe otherwise—but they are often disfranchised in practice because they cannot register in respect of their home address while they are detained elsewhere.
The clause provides that people on remand may be registered as if they were resident at their previous address or may register in respect of the institution where they are held. The basic principle is that remand prisoners are by definition unconvicted, and although it is right and appropriate that those who are convicted and serving a prison sentence should be deprived of the right to vote as part of their punishment, that should not be the case for those who have not been proved to have committed an offence.
The clause enables people to enjoy rights that they already had but that they were denied because of their detention on remand.
§ Mr. FabricantI understand the Minister's argument, and the argument advanced by both the Government and the Opposition that convicted criminals should not have the vote, but I wonder what his view is on the recent conclusion of the South African and Canadian Governments that the disenfranchisement of convicted criminals is unconstitutional on human rights grounds. Has he given any consideration to what view the European Court of Human Rights may have, given the statement that was made earlier today regarding the armed forces?
§ Mr. HowarthIf the hon. Gentleman consults the front of the Bill, he will find that, as with all legislation, there is a declaration by the Secretary of State that its provisions are consistent with the European convention on human rights. In those circumstances, I am sure that he will accept that the matter has been deliberated on and considered appropriately and would not be in the Bill if there were any problems with it. He will forgive me if I do not stray into speculating on what arguments may have taken place in other parts of the world. I am simply not familiar enough with the debates that took place there.
It has suddenly occurred to me that the disenfranchisement of prisoners is consistent with the jurisprudence of the convention. I am sure that that is the answer that the hon. Gentleman would have expected from me. With that assurance, I am sure that he will support the clause, which I commend to the Committee.
Question put and agreed to.
Clause 5 ordered to stand part of the Bill.