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Prisoner voting: MPs to get option to reject European ruling in draft bill Prisoner voting: MPs to get option to reject European ruling in draft bill
(about 5 hours later)
The justice secretary, Chris Grayling, is to give parliament the chance to throw out a European court of human rights ruling requiring some prisoners to be given voting rights by publishing a draft bill that gives MPs the option of rejecting giving inmates a vote.The justice secretary, Chris Grayling, is to give parliament the chance to throw out a European court of human rights ruling requiring some prisoners to be given voting rights by publishing a draft bill that gives MPs the option of rejecting giving inmates a vote.
MPs will be presented with two other options – extending the right to vote to prisoners with sentences of four years or less, or six months or less, he told the Commons on Thursday. MPs will be presented with two other options – extending the right to vote to prisoners with sentences of four years or less, or six months or less, Grayling told the Commons on Thursday.
Grayling acted 24 hours before the ECHR deadline requiring the government to abide by the ruling. He has asked a joint committee of both houses to scrutinise the draft bill, a process that will take many months to reach a conclusion before the possibility of legislation being brought before parliament. Grayling acted 24 hours before the ECHR deadline requiring the government to abide by its ruling. He has asked a joint committee of both houses of parliament to scrutinise the draft bill, a process that will take many months to reach a conclusion before the possibility of legislation being brought before parliament.
The prime minister has said it would make him physically sick to give prisoners the vote. Grayling stressed that parliament was sovereign, but conceded there would be political consequences if parliament defied the court by restating the position. The prime minister has said in the past that it would make him physically sick to give prisoners the vote. Grayling stressed that parliament was sovereign, but conceded there would be political consequences if parliament defied the court by restating the position.
In a carefully worded statement, designed to prevent immediate compensation claims by prisoners denied their right to vote, he repeatedly said the legal position was that parliament had a legal right to exercise its sovereignty, but stressed he personally opposed giving prisoners voting rights.In a carefully worded statement, designed to prevent immediate compensation claims by prisoners denied their right to vote, he repeatedly said the legal position was that parliament had a legal right to exercise its sovereignty, but stressed he personally opposed giving prisoners voting rights.
He said: "I take the obligation to uphold the rule of law very seriously. Equally, it remains the case that parliament is sovereign and the Human Rights Act explicitly recognises that fact. The current law passed by parliament remains in force unless and until parliament decides to change it.He said: "I take the obligation to uphold the rule of law very seriously. Equally, it remains the case that parliament is sovereign and the Human Rights Act explicitly recognises that fact. The current law passed by parliament remains in force unless and until parliament decides to change it.
"As Lord Justice Hoffman put it in a case in 1999, parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights."As Lord Justice Hoffman put it in a case in 1999, parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights.
"The Human Rights Act 1998 will not detract from this power. The constraints upon its exercise by parliament are ultimately political not legal, but the principle of legality must mean that parliament must squarely confront what it is doing and accept the political cost."The Human Rights Act 1998 will not detract from this power. The constraints upon its exercise by parliament are ultimately political not legal, but the principle of legality must mean that parliament must squarely confront what it is doing and accept the political cost.
"Parliament is sovereign in this area. Nobody can impose a solution on parliament but the accepted practice is that the United Kingdom observes its international obligations." "Parliament is sovereign in this area. "Nobody can impose a solution on parliament but the accepted practice is that the United Kingdom observes its international obligations."
Grayling added he was seeking to ensure that legal aid would not be available for prisoners. Grayling added he was seeking to ensure that legal aid would not be available for prisoners. He acknowledged that the European court could fine the UK in absentia if it openly defied the law, but did not explicitly say he wanted to leave the ECHR over the issue, an option he has countenanced before.
He acknowledged that the European court could fine the UK in absentia if it openly defied the law, but did not explicitly say he wanted to leave the ECHR over the issue, an option he has countenanced before.
He said he did not think that giving the vote only to those prisoners that have been sentenced for six months or less would meet the requirements of the Strasbourg court.He said he did not think that giving the vote only to those prisoners that have been sentenced for six months or less would meet the requirements of the Strasbourg court.
Grayling has walked a tightrope since the attorney general, Dominic Grieve, openly warned him of the consequences for UK's human rights standing if it defied the court. The Liberal Democrats continue to support a limited right to vote.Grayling has walked a tightrope since the attorney general, Dominic Grieve, openly warned him of the consequences for UK's human rights standing if it defied the court. The Liberal Democrats continue to support a limited right to vote.
But the overwhelming mood on the Tory benches is to defy the ECHR, condemned by some Tory MPs as a Mickey Mouse court.But the overwhelming mood on the Tory benches is to defy the ECHR, condemned by some Tory MPs as a Mickey Mouse court.
The shadow justice secretary, Sadiq Khan, claimed Labour had always opposed giving prisoners the vote, but said the rule of law must be accepted and upheld. "We don't and cannot simply abide with the judgments we agree with. This issue is part of a bigger picture of our European convention membership, a membership this side of the house is proud of."The shadow justice secretary, Sadiq Khan, claimed Labour had always opposed giving prisoners the vote, but said the rule of law must be accepted and upheld. "We don't and cannot simply abide with the judgments we agree with. This issue is part of a bigger picture of our European convention membership, a membership this side of the house is proud of."
Khan said membership added moral leverage against countries less scrupulous on human rights. He asked to see the legal advice from the attorney general, including the consequences for the UK of defiance and what was necessary to comply with its requirements. HeKhan said membership added moral leverage against countries less scrupulous on human rights. He asked to see the legal advice from the attorney general, including the consequences for the UK of defiance and what was necessary to comply with its requirements.
Khan also said the court should not adjudicate on civic and social issues such as this. But Grayling said he did not accept the view that the UK would become a pariah state if it defied the court, adding that the UK's human rights record stood up better than anyone's.Khan also said the court should not adjudicate on civic and social issues such as this. But Grayling said he did not accept the view that the UK would become a pariah state if it defied the court, adding that the UK's human rights record stood up better than anyone's.
His stance was praised by leading rightwing backbencher David Davis, who said he was sure parliament would vote not to give prisoners the vote. He was supported by Jack Straw, who warned the ECHR was seeking to extend its remit. The former Labour home secretary said the UK had an "impeccable" record in observing judgments on matters of "fundamental human rights" even when ministers disagreed with the Strasbourg court. But the ECHR had decided to "extend its jurisdiction from fundamental human rights into social and civic rights for which we had not signed up". His stance was praised by leading rightwing backbencher David Davis, who said he was sure parliament would vote not to give prisoners the vote. He was supported by Jack Straw, who warned the ECHR was seeking to extend its remit.
The former Labour home secretary said the UK had an "impeccable" record in observing judgments on matters of "fundamental human rights" even when ministers disagreed with the Strasbourg court. But the ECHR had decided to "extend its jurisdiction from fundamental human rights into social and civic rights for which we had not signed up".
Paul Flynn, the leftwing Labour MP, said defiance on a relatively insignificant matter such as this would be an open invitation to other oppressive states such as Turkey to mistreat prisoners. Other MPs on the right with contact with the Council of Europe, including Edward Leigh, surprisingly urged the government to compromise, but the overwhelming mood was of defiance.Paul Flynn, the leftwing Labour MP, said defiance on a relatively insignificant matter such as this would be an open invitation to other oppressive states such as Turkey to mistreat prisoners. Other MPs on the right with contact with the Council of Europe, including Edward Leigh, surprisingly urged the government to compromise, but the overwhelming mood was of defiance.
Former defence minister Sir Gerald Howarth said it was an affront to the British people that judges from Andorra, Liechtenstein and Luxembourg were passing judgment on the UK.Former defence minister Sir Gerald Howarth said it was an affront to the British people that judges from Andorra, Liechtenstein and Luxembourg were passing judgment on the UK.
Nils Muižnieks, the new human rights commissioner at the Council of Europe, which oversees the ECHR, told the BBC that the UK had already postponed making a decision on prisoners' voting rights for seven years.Nils Muižnieks, the new human rights commissioner at the Council of Europe, which oversees the ECHR, told the BBC that the UK had already postponed making a decision on prisoners' voting rights for seven years.
"We would like to see the [ECHR] judgment implemented," he said. "I believe Britain is in violation of human rights. There's a lot of room for manoeuvre and for the margin of appreciation that the government has for interpreting this judgment. But an outright ban is [not permitted]."We would like to see the [ECHR] judgment implemented," he said. "I believe Britain is in violation of human rights. There's a lot of room for manoeuvre and for the margin of appreciation that the government has for interpreting this judgment. But an outright ban is [not permitted].
"During its presidency of the Council of Europe [earlier this year] the UK took a strong stand on preventing repetitive cases coming to court. Now there are 2,500 applications from British prisoners [seeking their voting rights]. I hope the UK will listen to the advice it was peddling to others."During its presidency of the Council of Europe [earlier this year] the UK took a strong stand on preventing repetitive cases coming to court. Now there are 2,500 applications from British prisoners [seeking their voting rights]. I hope the UK will listen to the advice it was peddling to others.
"The UK decided to delegate some small part of its sovereignty when it joined [the ECHR] by agreeing to abide by its rulings. There are very few cases when the court rules against the UK. But the court has been very clear on this. It's a breach of the [European convention on human rights] and it should be remedied." "The UK decided to delegate some small part of its sovereignty when it joined [the ECHR] by agreeing to abide by its rulings. There are very few cases when the court rules against the UK. But the court has been very clear on this. It's a breach of the [European convention on human rights] and it should be remedied.
In a further sign of the divisions in government Lord McNally, the minister of state in the justice department, and a Liberal Democrat, argued for compliance saying: "If the United Kingdom were to decide on a 'pick-and-mix' attitude to the rulings of the court and the application of human rights, others would gleefully grab that example when we try to take them to task." So deep are the divisions, the government may be hoping it reaches the 2015 election without facing compensation claims, or a need to come to a final view.