Concerns over Cameron’s refusal to follow ECtHR ruling
The prime minister has vowed to defy a European Court of Human Rights judgment on votes for prisoners, despite warnings from the Attorney-General that the UK has a legal duty to implement the ruling.
David Cameron told MPs: “No one should be under any doubt—prisoners are not getting the vote under this government.”
Both Labour and Conservative MPs are broadly against giving votes to prisoners.
However, Dominic Grieve, the Attorney-General, told the House of Commons Justice Committee last week that, if Parliament votes to keep the blanket ban on voting, then the government would be liable to pay millions of pounds in damages to prisoners affected. The ultimate sanction would be expulsion from the Council of Europe.
He said: “The issue is whether the UK wishes to be in breach of its international obligations and what that does to the reputation of the UK.”
A ruling in a 2004 case brought by former prisoner John Hirst found the blanket ban against prisoners voting was unlawful.
The UK may be able to comply with the ruling by lifting the ban against some prisoners—for example, those on short-term sentences—while continuing the ban against others.
A group of 500 prisoners is currently taking legal action against the government for not allowing them to vote.
Leigh Day & Co partner Sean Humber, who is representing the group, says: “The court has grown increasingly exasperated by the UK government’s refusal to take the necessary action to rectify the breach.
“Following the most recent judgment in May, the government has been given until 22 November 2012 to bring forward legislative proposals to amend the law or face further legal action from the court.”Human rights group Justice has written to the Lord Chancellor pointing out that his oath of office under the Constitutional Reform Act 2005 requires him to “respect the rule of law”.
Justice director Roger Smith says: “Whatever Mr Grayling may think about the issue of prisoners having the right to vote, he is bound by his office to join the Attorney-General in maintaining the rule of law. He must publicly urge compliance with the judgment of the European Court of Human Rights.”
