HL Deb 25 October 1999 vol 606 cc4-6

2.56 p.m.

Lord Lucas

asked her Majesty's Government:

What consequences the Human Rights Act 1998 has for the voting rights of prisoners in the United Kingdom.

Lord Bassam of Brighton

My Lords, none. Remand and unsentenced prisoners already have the right to vote. We do not believe that the Human Rights Act 1998 requires us to extend that right to sentenced prisoners.

Lord Lucas

My Lords, does the Minister agree that the right under Article 3 of the convention is an individual right and that, therefore, the Human Rights Act gives to an individual prisoner, or another individual, deprived of his voting rights (for whatever reason), the right to pursue the restoration of his voting rights through the courts?

Lord Bassam of Brighton

My Lords, that may well be the case.

Viscount Astor

My Lords, the Minister will, perhaps, be able to think of an answer to my noble friend's question while he is listening to mine. I can confirm to the noble Lord that we agree that convicted prisoners should not be able to vote. The noble Lord is entirely right to say that remand prisoners can vote. However, can he confirm that I am correct in my understanding that remand prisoners who do not have an address (a rig ht of abode) are not allowed to vote at present because they do not have an address to register? I believe that the Government have considered whether that should be changed to allow them to vote. Surely anyone on remand should be allowed to vote even if he does not have an address—some people are on remand for a considerable amount of time—and even if his address has to be "care of" Her Majesty's prisons?

Lord Bassam of Brighton

My Lords, the noble Viscount has put his finger on the problem. Remand prisoners may not have registered to vote at the time when they should have done so. For that reason, the Working Group on Electoral Procedures has been carefully looking at ways in which we can improve the situation. I can tell the noble Viscount that a recent survey revealed that just three of about 700 prisoners who were on remand at the time of the last general election managed to obtain, secure and exercise their right to vote. Clearly we need to try to improve upon their access to the right to vote, given the fact that these prisoners are fully entitled to it.

The Earl of Listowel

My Lords, as we are discussing the human rights of prisoners, does the Minister accept that it would be good to have warders who are better trained than they are at present to cope with the many prisoners who have a degree, though perhaps a low degree, of mental illness?

Lord Bassam of Brighton

My Lords, I understand the noble Earl's question. However, it does not entirely relate to the Question on the Order Paper. We would, of course, wish to encourage all prison staff to assist those who may well suffer from a mental illness, or any other illness, to improve their personal welfare.

Lord Lester of Herne Hill

My Lords, can the Minister tell the House what is the policy justification for a blanket ban on voting rights for prisoners no matter how long the sentence, how long they have served or what their record is? Is that really a proportionate interference with the rights conferred by Article 3 of the First Protocol?

Lord Bassam of Brighton

My Lords, that is a novel and interesting question. The Government have always taken the view that those who are convicted and serving a sentence have no moral right to vote. That is and has been our policy position for some time. I believe that it was also the policy position of the previous administration. We hold to that.