Law breakers and lawmakers

Why prisoners should be able to vote.

Should those who are convicted of crimes so serious that they receive a custodial sentence be able to vote?

Should prisoners have the benefit of influencing the making and reform of laws that they have either admitted to breaking or been shown beyond reasonable doubt to have broken?

According to newspaper reports today, the blanket ban on prisoners being able to vote is at last to be lifted. The spin is that this is because it is too expensive for the government to remain in breach of its obligations under the European Convention on Human Rights (ECHR).

The European Court of Human Rights ruled back in 2005 that such a blanket ban was not acceptable under the ECHR. (The 2005 case was brought by the indefatigable John Hirst, who can take the most credit for keeping the issue of prisoners' votes alive.)

However, one should not take the government's protestations about financial costs at face value. Blaming the pesky expense of undeserving legal cases is a time-honoured excuse for anyone retreating from an otherwise unsustainable position.

David Cameron is said to be "exasperated and furious" at having to lift the ban. It appears that it was looked at "from every legal angle", but apparently there was no alternative.

Hogwash. That is simply not the legal situation. It is perfectly possible for the UK legislature to derogate from the ECHR, should it really want to. Indeed, the UK has done so before in respect of anti-terrorism measures. Of course, such a move would be extraordinarily illiberal. But it would not be impossible if the Prime Minister actually was "exasperated and furious".

Instead, the better explanation is that this is a liberal measure being implemented under the cover of illiberal noises. This is a far preferable approach to policymaking to that of the Labour Party from 2001 to 2010, which often did just the opposite.

And it is indeed a liberal measure. There is no sensible or normative basis for the casual and routine desocialisation (and sometimes dehumanisation) that constitutes our current criminal sentencing and penal regime. Future generations will be aghast that we somehow think the best response to antisocial activity is to make it structurally more difficult for people ever to socialise properly again. Deprivation of liberty should not mean deprivation of other rights.

(In saying this, I am not being sentimental about criminals. I have no qualms about someone being incarcerated – even indefinitely – if that can be shown to be for the safety of the public.)

There will now be questions about how lifting the ban would work in practice. Would the votes go to the prisoners' home constituencies, or will there be (literally) voting blocks in the constituency where the prison is located? (On Twitter, @PeatWorrier said that his personal preference, for maximum interest, would be for prisoner seats, along the lines of the old university constituencies.)

Can certain, highly serious crimes be omitted? Can electoral offences be omitted? And so on.

A great deal of detail needs to be worked out now that the blanket ban will be removed.

But the coalition government is to be congratulated for this liberal measure, regardless of its supposed "outrage". It is the right thing to do. And it is a pity that the deeply illiberal Labour government from 2005 to 2010 was simply not willing to do it.

In principle, those convicted of a crime so serious that they receive a custodial sentence should not be rendered outlaws or excluded from society.

Prisoners should generally have the benefit of influencing the making and reform of laws. After all, they also have an informed view on how laws affect people's lives, and – in any case – they are citizens, too.

David Allen Green is a lawyer and writer. He was a government lawyer at the Treasury Solicitor from 2003 to 2005. He blogs on legal and policy matters for the New Statesman.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Brexit will hike energy prices - progressive campaigners should seize the opportunity

Winter is Coming. 

Friday 24th June 2016 was a beautiful day. Blue sky and highs of 22 degrees greeted Londoners as they awoke to the news that Britain had voted to leave the EU.  

Yet the sunny weather was at odds with the mood of the capital, which was largely in favour of Remain. And even more so with the prospect of an expensive, uncertain and potentially dirty energy future. 

For not only are prominent members of the Leave leadership well known climate sceptics - with Boris Johnson playing down human impact upon the weather, Nigel Farage admitting he doesn’t “have a clue” about global warming, and Owen Paterson advocating scrapping the Climate Change Act altogether - but Brexit looks set to harm more than just our plans to reduce emissions.

Far from delivering the Leave campaign’s promise of a cheaper and more secure energy supply, it is likely that the referendum’s outcome will cause bills to rise and investment in new infrastructure to delay -  regardless of whether or not we opt to stay within Europe’s internal energy market.

Here’s why: 

1. Rising cost of imports

With the UK importing around 50% of our gas supply, any fall in the value of sterling are likely to push up the wholesale price of fuel and drive up charges - offsetting Boris Johnson’s promise to remove VAT on energy bills.

2. Less funding for energy development

Pulling out of the EU will also require us to give up valuable funding. According to a Chatham House report, not only was the UK set to receive €1.9bn for climate change adaptation and risk prevention, but €1.6bn had also been earmarked to support the transition to a low carbon economy.

3.  Investment uncertainty & capital flight

EU countries currently account for over half of all foreign direct investment in UK energy infrastructure. And while the chairman of EDF energy, the French state giant that is building the planned nuclear plant at Hinkley Point, has said Brexit would have “no impact” on the project’s future, Angus Brendan MacNeil, chair of the energy and climate select committee, believes last week’s vote undermines all such certainty; “anything could happen”, he says.

4. Compromised security

According to a report by the Institute for European Environmental Policy (the IEEP), an independent UK stands less chance of securing favourable bilateral deals with non-EU countries. A situation that carries particular weight with regard to Russia, from whom the UK receives 16% of its energy imports.

5. A divided energy supply

Brexiteers have argued that leaving the EU will strengthen our indigenous energy sources. And is a belief supported by some industry officials: “leaving the EU could ultimately signal a more prosperous future for the UK North Sea”, said Peter Searle of Airswift, the global energy workforce provider, last Friday.

However, not only is North Sea oil and gas already a mature energy arena, but the renewed prospect of Scottish independence could yet throw the above optimism into free fall, with Scotland expected to secure the lion’s share of UK offshore reserves. On top of this, the prospect for protecting the UK’s nascent renewable industry is also looking rocky. “Dreadful” was the word Natalie Bennett used to describe the Conservative’s current record on green policy, while a special government audit committee agreed that UK environment policy was likely to be better off within the EU than without.

The Brexiteer’s promise to deliver, in Andrea Leadsom’s words, the “freedom to keep bills down”, thus looks likely to inflict financial pain on those least able to pay. And consumers could start to feel the effects by the Autumn, when the cold weather closes in and the Conservatives, perhaps appropriately, plan to begin Brexit negotiations in earnest.

Those pressing for full withdrawal from EU ties and trade, may write off price hikes as short term pain for long term gain. While those wishing to protect our place within EU markets may seize on them, as they did during referendum campaign, as an argument to maintain the status quo. Conservative secretary of state for energy and climate change, Amber Rudd, has already warned that leaving the internal energy market could cause energy costs “to rocket by at least half a billion pounds a year”.

But progressive forces might be able to use arguments on energy to do even more than this - to set out the case for an approach to energy policy in which economics is not automatically set against ideals.

Technological innovation could help. HSBC has predicted that plans for additional interconnectors to the continent and Ireland could lower the wholesale market price for baseload electricity by as much as 7% - a physical example of just how linked our international interests are. 

Closer to home, projects that prioritise reducing emission through tackling energy poverty -  from energy efficiency schemes to campaigns for publicly owned energy companies - may provide a means of helping heal the some of the deeper divides that the referendum campaign has exposed.

If the failure of Remain shows anything, it’s that economic arguments alone will not always win the day and that a sense of justice – or injustice – is still equally powerful. Luckily, if played right, the debate over energy and the environment might yet be able to win on both.

 

India Bourke is the New Statesman's editorial assistant.