is open to reasonable doubt under the principles stated in Case 283/81 CILFIT Srl
v Ministry of Health [1982] ECR 3415 and recently discussed in this Court in X v
Mid Sussex Citizens Advice Bureau [2012] UKSC 59, [2013] ICR 249. In my
opinion, the conclusions of European law reached in paras 45, 58, 59 and 63-64
are acte clair, and they are by themselves sufficient to resolve the appeals. Were it
necessary for the decision of these appeals, I would also regard the conclusions in
para 70 as acte clair. The further conclusions (again not necessary for the
resolution of these appeals) reached in other paras are matters for this Court to
determine, applying established principles of European law where relevant. In the
circumstances, I do not consider that any reference to the Court of Justice is called
for.
85.
It follows that, in my opinion, both appeals should be dismissed.
LADY HALE (with whom Lord Hope and Lord Kerr agree)
86.
Prisoners’ voting is an emotive subject. Some people feel very strongly that
prisoners should not be allowed to vote. And public opinion polls indicate that
most people share that view. A YouGov poll in November 2012 found that 63% of
respondents said that “no prisoners should be allowed to vote”, 15% said that those
serving sentences of less than six months should be allowed to vote, 9% said that
those serving less than four years should be allowed to vote, and 8% said that all
prisoners should be allowed to vote. A YouGov poll in January 2011 which asked
the same questions produced respective figures of 69%, 6%, 3% and 8%. This
suggests that public opinion may be becoming more sympathetic to the idea, with
32% now favouring some relaxation in the present law, but there is still a
substantial majority against it. It is not surprising, therefore, that in February 2011
elected Parliamentarians also voted overwhelmingly against any relaxation of the
present law.
87.
In such circumstances, it is incumbent upon the courts to tread delicately.
As I shall explain, in my view it is now clear that the courts should not entertain a
human rights claim on behalf of Mr Chester or, indeed, of Mr McGeoch had he
made one. Both are serving sentences of life imprisonment for murder. Mr Chester
was sentenced to life imprisonment for the murder of his niece, with a tariff of 20
years which expired in October 1997. The Parole Board has not yet found him
suitable for release on licence. Mr McGeoch was also sentenced to life
imprisonment for murder, with a tariff of 13 years which expired in October 2011;
but he has had further convictions for serious offences committed while in prison
and is currently serving seven and a half years for violently escaping from prison
in 2008. I do not consider that the human rights of either were violated by the
Electoral Registration Officers’ refusal to register them on the electoral roll. Their
Page 43