Scottish Independence Referendum (Franchise) Bill: Stage 3

Part of the debate – in the Scottish Parliament at on 27 June 2013.

Alert me about debates like this

Photo of Stewart Maxwell Stewart Maxwell Scottish National Party

Fundamentally, there are two arguments here. I still remain unconvinced, even though those who lodged the amendments made those arguments very eloquently.

On the legal position, the Law Society of Scotland said in a letter to us:

“Prisoner voting cases have all been based on alleged breaches of ECHR Article 3 Protocol 1 (A3P1) which states,

‘The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.’”

That is the important point. The Law Society went on to say:

“A3P1 does not govern voting in referenda but only in elections for the ‘choice of the legislature’. Accordingly the European Court of Human Rights jurisprudence relating to prisoner voting rights ... do not apply to the referendum.”

I accept that there are two points. There is also the principle, which Patrick Harvie spoke about. However, when someone is found guilty of a crime, judges have a decision to make: they have to decide on the length of the sentence and they have to decide whether it should be a custodial or a non-custodial sentence. In making that decision, judges will take into account a number of factors, including the impact of a custodial sentence on the individual and, of course, their family. They realise that imposing a custodial sentence has an impact in a number of ways.

Patrick Harvie said that voting is a right, not a privilege. That is an interesting use of words. The fact is that we take away a number of rights from individuals when we sentence them to a custodial sentence: we remove the right to liberty, the right to a family life and the right to vote, to name but a few. The issue is not that voting is a privilege—it is a right; and as a society, when we impose custodial sentences, we remove from individuals not just their right to vote but their right to liberty and their right to a family life, for example. Judges and sheriffs are well aware of the impact of imposing a custodial sentence, and I prefer to leave the decision to them.

When it comes to the principle, the dividing line is not between the rights of short-term prisoners and the rights of long-term prisoners; it is between those who are in prison and those who are not in prison.