Scottish Elections (Franchise and Representation) Bill: Stage 1

Part of the debate – in the Scottish Parliament at on 28 November 2019.

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Photo of Michael Russell Michael Russell Scottish National Party

I make two contributions to that process. The first is that I think that residence is a necessary, but not a sufficient, condition for citizenship. There is a relationship between residence and citizenship. Here, we are saying that residence is the qualification that we should look for for voting, but it is not necessarily the qualification that we should look for, for example, for international protection. The UK passport still says, “Her Majesty’s Secretary of State for Foreign Affairs”, etcetera, so there is an element, as there has been since the issuing of the first passports, of international protection, and there is a link to voting protection. Lyndon Johnson observed that

“A man without a vote is a man without protection”.

So, there is an issue of rights within the state, where residence takes place, which are protected by voting and may not be protected by voting internationally.

There is also the question of passing on citizenship. It was touched upon by Mr Tomkins and it deserves further consideration, but we have the possibility to explore it at stage 2. It is an issue that I think needs to be explored and it would benefit the committee and Parliament if we understood the relationships.

Another point raised was about money. I can confirm that there will be £280,000 for the Electoral Commission, the spending of which needs to be considered in terms of how we can drive up participation and reach parts that presently are not reached. I know that Mr Rowley, for example, raised that yesterday in the context of the Referendums (Scotland) Bill. There is a lively interest in the referendums bill and in the Scottish Elections (Reform) Bill, about the issue of turnout and participation. We should not see this bill as standing on its own in those areas, but should draw the bills together and see what the resources are to effect that with all relevant authorities working together—I have to stress the word “relevant” in the light of the discussion yesterday at the Finance and Constitution Committee. The point that Maureen Watt made about unconventional places where that might take place should certainly be considered.

I move on to the question of prisoner voting. It has been said repeatedly that the Scottish Government is overreaching here and that it could, in the terms that have been used, “get away with” doing less. I am not sure that any Government should try to get away with doing less if it believes that its position is based on principle.

As I stressed, our position is based not only on principle but on particular Scottish conditions. Twelve months is the maximum sentence that a judge can pass in cases heard without a jury. It is the threshold for the Government’s presumption against short sentences. It was the most favoured option of the periods on which we consulted, so there is a logic in that position.

Moreover, there are concerns about the position that the UK Government has taken. The current Committee of Ministers, which has indicated that it considers that the action taken meets the requirement of the Hirst court ruling, is a political body of the Council of Europe that is responsible for the oversight of the implementation of judgments. It is for the court alone to determine the requirements of the European convention on human rights. Although Mr Tomkins does not like the judgment, and has criticised it, the judgment stands. Government has to observe that judgment. What we heard from the Tory party—not from Mr Tomkins, but from another member—on defying the judgment was not wise.

We have to consider whether the UK Government’s current approach might withstand a court challenge. I will quote the Welsh Assembly’s Equality, Local Government and Communities Committee’s report, from 11 June, because I agree with the point that

“We cannot take lightly the concerns raised”— in evidence given to the committee—

“that the current approach by the UK Government of minimal compliance may not continue to be sufficient in the future. As legislators, we have to take very seriously the risk of failing to pass legislation that would be within competence.”

It has been said that the Scottish Government is attempting to overreach on that. We may in fact be pitching the proposal not just on the basis of the arguments for that proposal but on the fact that we wish to make sure that we could withstand a challenge in a way that the UK position may not be able to. There is no option on that matter—I want to emphasise that.

It was indicated that there might be an option on whether to do that. If the judgment stands, which it does, and this Parliament has responsibility for the franchise, which it has had for the past three years, we are obliged to make changes.

There is the question what those changes should be. If we consider that changes made elsewhere are not sufficient and would not withstand challenge, it would be wrong and irresponsible of this Government to put those forward as serious proposals.

We must make a proposal that we believe will withstand challenge, which is precisely what we are endeavouring to do with the 12-month proposal. That is the right proposal; it could and will withstand any challenge.

I will reflect on franchise reform. I am glad that Mr Tomkins agrees with me that franchises are dynamic and not static. I would not want to take a position in any dispute between Mr Stevenson and Mr Tomkins, but I have to say that the truth lies somewhere between the two of them. The Conservatives have certainly made parliamentary and franchise reforms in the past.

The Reform Act 1867 has been cited—that, of course, was under Lord Derby’s premiership and not Disraeli’s. However, that bill was introduced in one form, and, having been massively revised by Opposition amendments, it became a much bigger bill. Why was that? Apparently, it was because Disraeli believed that he could win an election based on a wider franchise. He lost the 1868 election.

The Conservatives repeatedly espouse reform when it benefits them. They opposed the great reform bill, because they considered that property is the basis of society and the constitution would be destroyed. They opposed further extension, until they thought that they would benefit from it. They opposed votes for women, until they thought that they would benefit from it. They still oppose proportional representation, except here, where they have benefited from it. They oppose voting by 16 and 17-year-olds and they oppose any meaningful reform of the House of Lords.

Today, unfortunately, they are opposing necessary changes to the franchise. They oppose changes to residents that would modernise the franchise and take us forward, recognising the contribution of all who live here, and essential changes that are required because of a judgment of the European Court of Human Rights. It is to be regretted that they still hold back on that point; if only I could persuade the Tories that the changes would benefit them, I think that they would jump to support them.