Why MPs are having a tantrum over votes for prisoners

MPs believe they are fighting a defensive action from a position of weakness.

The government is due tomorrow to publish proposed legislation to address the European Court of Human Rights ruling that a blanket ban on prisoner voting is illegal. Parliament will be given the option of lifting the ban, adjusting it so that only those serving short sentences are offered a ballot and upholding the status quo. As soon as they are given the chance, MPs will reaffirm the ban. There are few members of the House of Commons who are keen to advertise themselves, in tabloid terms, as soft on villains.

In reality, it should be easy enough to comply with the ECHR without inviting serial axe-murderers down to their local polling station. The assertion that those who have been denied their liberty for committing some crime must also, as a matter of course and without exception and regardless of the gravity of the offence, lose all of their basic civil rights is pretty extreme. Minor offenders could reasonably be given the vote without society falling into ruin. That isn’t how parliament sees it. It certainly isn’t how the popular press sees it.

Naturally, the argument can be framed as a conflict between liberal and authoritarian tendencies. It can also be seen as a battle of wills between a national institution and a European one (not, in this instance, the European Union; the ECHR is the judicial arm of the Council of Europe, although that nuance will be lost in most of the reporting). A vote to uphold the ban will be presented as a defence of national sovereignty. Immense frustration on the Tory side at the government’s apparent inability to evacuate Abu Qatada from UK soil – also a tussle with the ECHR - will galvanise the defiant mood.

But it would be a mistake to see parliament’s assertive impulses entirely as a reaction against Europe. I have been struck by the extent to which Westminster feels itself more generally belittled and ineffective. That feeling was channelled in the Prime Minister’s intemperate lashing out earlier this week at judicial reviews, equality impact assessments and other legal mechanisms that stop the executive from doing what it wants, when its want. Ministers in this government love a good grumble about interference and obstruction from Whitehall lawyers. When those lawyers cite European regulations as the obstacle, grumbles turn to howls.

MPs, meanwhile, feel assailed by hostile media coverage and digital activism which clogs their Blackberries with frothy outbursts from peevish petitioners. Among the 2010 intake there is an added dimension to the irritation. The newcomers would like to be presumed innocent of any expenses fiddling, given that they were not in parliament when the most famous offences were committed, but find themselves still tarred with the broad brush of anti-politician scorn.

Feeling a bit sorry for politicians is a pretty niche area in Britain at the moment. And it would be perverse for MPs to seek therapy for their feelings of inadequacy and impotence by denying that the prison population has civil rights. It is, however, worth noting that when MPs do vote that way, many of them will be acting in the sincere belief that they are fighting a defensive action from a position of weakness, and not, as it may appear from the outside, asserting their strength.

A prison guard at Pentonville prison stands behind a locked gate. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

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Boris Johnson isn't risking his political life over Heathrow

The anti-Heathrow campaigner was never a committed environmentalist. 

A government announcement on expanding London’s airports is expected today, and while opposition forces have been rallying against the expected outcome - a third runway at Heathrow - the decision could also be a divisive one for the ruling Conservative party. A long consultation period will allow these divisions to fester. 

Reports suggest that up to 60 Conservative MPs are against expansion at the Heathrow site. The Prime Minister’s own constituents are threatening legal action, and the former London mayoral candidate, Zac Goldsmith, has promised to step down as MP for Richmond rather than let the airport develop.

But what of Boris Johnson? The politician long synonymous with Heathrow opposition - including a threat to lie down “in front of those bulldozers” - is expected to call the decision a mistake. But for a man unafraid to dangle from a zipwire, he has become unusually reticent on the subject.

The reticence has partly been imposed upon him. In a letter to her cabinet ministers, Theresa May has granted them freedom from the usual rules of collective responsibility (under which cabinet ministers are required to support government positions). But she has also requested that they refrain from speaking out in the Commons, from “actively” campaigning against her position, and from calling “into question the decision making process itself”.  

Johnson is not about to start cheering for Heathrow. But unlike Goldsmith, he is no committed environmentalist - and he's certainly a committed politician.  

Boris’s objections to the expansion at Heathrow have all too often only extended as far as the lives of his London constituents. These local impacts are not to be belittled – in his role of mayor of London, he rightly pointed to the extreme health risks of increased noise and air pollution. And his charisma and profile have also boosted community campaigns around these issues. 

But when it comes to reducing emissions, Johnson is complacent. He may have come a long way since a 2013 Telegraph article in which he questioned whether global warming was real. Yet his plan to build an alternative “hub” airport in the Thames Estuary would have left the question of cutting UK aviation emissions worryingly un-resolved. This lack of curiosity is alarming considering his current job as foreign secretary. 

And there are reasons to be concerned. According to Cait Hewitt at the Aviation Environment Federation, the UK fails to meet its targets for CO2 reduction. And the recent UN deal on aviation emission mitigation doesn’t even meet the commitments of the UK’s own Climate Change Act, let alone the more stringent demands of the Paris Agreement. “Deciding that we’re going to do something that we know is going to make a problem worse, before we’ve got an answer, is the wrong move”, said Hewitt.

There is a local environmental argument too. Donnachadh McCarthy, a spokesperson from the activist group “Rising Up”, says the pollution could affect Londoners' health: "With 70 per cent of flights taken just by 15 per cent of the UK's population... this is just not acceptable in a civilised democracy.”

The way Johnson tells it, his reason for staying in government is a pragmatic one. “I think I'd be better off staying in parliament to fight the case, frankly," he told LBC Radio in 2015. And he's right that, whatever the government’s position, the new “national policy statement” to authorise the project will likely face a year-long public consultation before a parliamentary vote in late 2017 or early 2018. Even then the application will still face a lengthy planning policy stage and possible judicial review. 

But if the foreign secretary does fight this quietly, in the back rooms of power, it is not just a loss to his constituents. It means the wider inconsistencies of his position can be brushed aside - rather than exposed and explored, and safely brought down to ground. 

India Bourke is an environment writer and editorial assistant at the New Statesman.