MSPs’ concern over prisoners’ right to vote

Convicts will be permitted to vote in the by-election in Shetland

Concerns have been raised over a move to give prisoners the right to vote in the Scottish Parliament’s Shetland by-election.

MSPs on Holyrood’s Delegated Powers and Law Reform (DPLR) Committee claim they were not given advance notice by the Scottish Government in making the decision and therefore no time to scrutinise the measure.

The by-election in Shetland was called following the resignation of Scottish Liberal Democrat MSP Tavish Scott. It will take place on August 29. Last week, the Scottish Government announced prisoners would be given the right to vote in the by-election to ensure compliance with the European Convention on Human Rights.

Scottish Constitutional Relations Secretary Mike Russell said he would make a remedial order to bring the franchise for the by-election into line with a European Court of Human Rights (ECHR) ruling in 2005 which said the UK Government’s blanket ban on prisoner voting breached human rights laws.

Powers over the franchise for Scottish Parliament elections were devolved in 2017, with Holyrood and the Scottish Government legally obliged to comply with the ECHR.

Mr Russell said the remedial order will be repealed before a full parliamentary debate regarding legislation to put in place a long-term solution to the issue of prisoner voting.

DPLR Committee convener Graham Simpson said a letter has been sent to Mr Russell asking him to appear before them to address their concerns.

The Tory MSP said: “We only received notification of this remedial order the day before it came into effect and this meant we did not have adequate time to assess the proposed change.

“Although we are currently in recess, it is essential for the integrity of the Parliament that suitable scrutiny of any legislation takes place.

“That’s why it is essential that our concerns are addressed.”

The letter sent by the committee also seeks clarification on why the Scottish Government has taken a different approach to the UK Government in relation to prisoner voting in recent by-elections, as well as whether there was an option to retain the status quo until the Scottish Elections (Franchise and Representation) Bill is considered by the Scottish Parliament after recess.

It also seeks clarification over whether the government indeed intends to revoke the remedial order following the by-election.

Scottish Constitutional Relations Secretary Mike Russell.