prisoners sentenced to less than a specified term, which would be “low..., such as
one year in prison”. The other was to allow sentencers a discretion on whether the
franchise should be withdrawn in the particular case. A further consultation paper
was published in April 2009 summarising responses to the first paper and seeking
views on the approach to be adopted. The Government indicated its own
preference for an automatic restriction of the franchise based on the seriousness of
the offence, as reflected in the length of the sentence. On 20 December 2010, after
the decision of the European Court of Human Rights in Greens and MT, the
Government announced that it would propose to Parliament that offenders
sentenced to a term of imprisonment of less than four years would have the right to
vote in parliamentary and European Parliament elections, unless the sentencing
judge directed otherwise. Subsequently, the question of prisoners’ voting rights
was debated twice. There was a Westminster Hall adjournment debate on 10
January 2011, at which many members of the House of Commons expressed
strong opposition to enfranchising any prisoners. A month later, on 11 February
2011, there was an all-day debate on the floor of the House of Commons on a
motion put forward jointly by senior backbench MPs from both sides of the House,
that
“legislative decisions of this nature should be a matter for
democratically elected lawmakers; and supports the current situation
in which no sentenced prisoner is able to vote except those
imprisoned for contempt, default or on remand.”
This motion was carried by 234 votes to 22, both front benches abstaining.
118. On 22 November 2012 the Government published the Voting Eligibility
(Prisoners) Draft Bill (Cm 8499), setting out three options, (a) a ban on voting by
prisoners sentenced to four years imprisonment or more, (b) a ban for prisoners
sentenced to more than six months imprisonment, or (c) a general ban, i.e. a
restatement of the present position. The explanatory memorandum accompanying
the draft Bill pointed out that option (c) could not be regarded as compatible with
the Convention. The draft Bill is currently being considered by a joint Select
Committee of both Houses. For the moment, however, the only reasonable
conclusion that can be drawn from this history is that there is no democratic
mandate for the enfranchisement of convicted prisoners.
119. It is an international obligation of the United Kingdom under article 46.1 of
the Convention to abide by the decisions of the European Court of Human Rights
in any case to which it is a party. This obligation is in terms absolute. The
remainder of article 46 contains provisions for its collective enforcement by the
institutions of the Council of Europe. Many states have written constitutions which
give automatic effect in domestic law to treaties to which they are party.
Constitutional provisions of this kind are generally accompanied by provisions
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