Why some prisoners should have the right to vote

Giving prisoners a stake in how their society is governed will help reduce reoffending rates.

There is some confusion about exactly what the government's draft bill on prisoner voting will contain on Thursday. What there is no confusion about, however, is that our MPs are strongly opposed to any move to extend the franchise to inmates. In February last year, they voted by a majority of 212 (with only 22 against) to retain the current ban.

There are some who say it is foolish for our politicians to behave in this way as it will result in a confrontation with the European Court of Human Rights. That argument does not cut much ice with me. I don't think we should legislate on this because Europe is telling us to. We should legislate on it because we are a liberal democracy.

When people are locked up for crimes in this country they already have lots of things taken away from them. Their liberty. Their right to see their family and friends whenever they please. Usually their job and their home. Their basic choices about what to eat, when to eat, where to eat and so on. It is right to deprive those who have committed crimes serious enough to warrant a jail sentence of these things. But why should they should automatically have their right to vote removed too?

I can see the argument for not allowing long-term prisoners and those with life sentences the vote. But the majority of prisoners are serving short sentences and, at the time of any general election, most of them will be released before any subsequent election and hence will be affected as a free citizen by the government elected. In the case of referenda, which tend to come around very infrequently, those results could affect the prisoner for the rest of their life. Someone only a few months away from release in May 2011 will be now out and yet may never get the chance to vote on the electoral system used for the House of Commons.

Perhaps even more importantly, one thing that almost everyone across the political spectrum agrees on is that we need to reduce reoffending rates, which in 2011 were running at an astonishing 90 per cent for serious crime.

Giving prisoners the vote will not change this overnight. But treating them with a little bit more respect and giving them a stake in how their society is governed is likely to be one of the things that helps. If we want to reduce recidivism, we need to be willing to think outside the constricted box our politicians have placed themselves in on this issue. A good start would be for the government to acknowledge on Thursday that there is a strong, principled case for some prisoners to have their democratic rights restored.

Not because Europe has told us to, but because it is right.

Mark Thompson is a political blogger, commentator and Lib Dem activist, who edits the award winning Mark Thompson's Blog and is on Twitter @MarkReckons.

David Cameron (R) is escorted by prison governor Phil Taylor during a visit to Wormwood Scrubs Prison last month. Photograph: Getty Images.
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Richmond is a wake-up call for Labour's Brexit strategy

No one made Labour stand in Richmond Park. 

Oh, Labour Party. There was a way through.

No one made you stand in Richmond Park. You could have "struck a blow against the government", you could have shared the Lib Dem success. Instead, you lost both your dignity and your deposit. And to cap it all (Christian Wolmar, take a bow) you self-nominated for a Nobel Prize for Mansplaining.

It’s like the party strategist is locked in the bowels of HQ, endlessly looping in reverse Olivia Newton John’s "Making a Good Thing Better".

And no one can think that today marks the end of the party’s problems on Brexit.

But the thing is: there’s no need to Labour on. You can fix it.

Set the government some tests. Table some amendments: “The government shall negotiate having regard to…”

  • What would be good for our economy (boost investment, trade and jobs).
  • What would enhance fairness (help individuals and communities who have missed out over the last decades).
  • What would deliver sovereignty (magnify our democratic control over our destiny).
  • What would improve finances (what Brexit makes us better off, individually and collectively). 

And say that, if the government does not meet those tests, the Labour party will not support the Article 50 deal. You’ll take some pain today – but no matter, the general election is not for years. And if the tests are well crafted they will be easy to defend.

Then wait for the negotiations to conclude. If in 2019, Boris Johnson returns bearing cake for all, if the tests are achieved, Labour will, and rightly, support the government’s Brexit deal. There will be no second referendum. And MPs in Leave voting constituencies will bear no Brexit penalty at the polls.

But if he returns with thin gruel? If the economy has tanked, if inflation is rising and living standards have slumped, and the deficit has ballooned – what then? The only winners will be door manufacturers. Across the country they will be hard at work replacing those kicked down at constituency offices by voters demanding a fix. Labour will be joined in rejecting the deal from all across the floor: Labour will have shown the way.

Because the party reads the electorate today as wanting Brexit, it concludes it must deliver it. But, even for those who think a politician’s job is to channel the electorate, this thinking discloses an error in logic. The task is not to read the political dynamic of today. It is to position itself for the dynamic when it matters - at the next general election

And by setting some economic tests for a good Brexit, Labour can buy an option on that for free.

An earlier version of this argument appeared on Jolyon Maugham's blog Waiting For Tax.

Jolyon Maugham is a barrister who advised Ed Miliband on tax policy. He blogs at Waiting for Tax, and writes for the NS on tax and legal issues.