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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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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