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The Continued Failure to Implement Hirst v UK

Published on December 15, 2015        Author: 

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It is over a decade now since the European Court of Human Rights delivered Hirst v United Kingdom (6 October 2005), ruling that the UK’s blanket (legislative) ban on convicted prisoners voting breached Art 3 of Protocol 1 to the European Convention on Human Rights (hereafter, the ‘Convention’). Five years ago, in Greens and MT v UK (23 Nov 2010), the Court ordered the UK to table Convention-compliant legislative proposals to secure compliance with Hirst. This resulted in a Report of a special Joint Committee of the UK Parliament (the Report of the Joint Committee on the Draft Prisoner Voting (Eligibility) Bill (16 December 2013)), which concluded that the law reform required to secure compliance with the Convention was comparatively minor and agreed that there were sound reasons to amend the law and proposed specific ways forward.

Two years on and the UK government has done no more than acknowledge the Report, which Parliament has not considered. With the law still not amended, on 9 December 2015 a further milestone in the chronology of prisoner voting saga occurred when the Committee of Ministers passed a second interim resolution highly critical of the UK’s inaction. The Daily Telegraph has reported this as a victory for the UK, although, in fact, the Committee of Ministers will return to the matter in December 2016.

This post discusses and criticises the reasons for inaction and non-compliance supplied by the Michael Gove (Lord Chancellor and Secretary of State for Justice) when he appeared before the House of Lords’ Select Committee on the Constitution on 2 December 2015 (Q 11, pp17-18 [unrevised version]).

When pressed for answers on the prisoner voting issue, Mr Gove conceded that the Joint Committee on the Draft Prisoner Voting (Eligibility) Bill’s (hereafter the ‘Joint Committee’) Report ‘absolutely’ ‘deserve[d] in due course a fuller answer’. Nevertheless, he would not commit to when this would be, other than to say that it would be ‘after’ the publication of the consultation document on a proposed UK Bill of Rights (replacing the Human Rights Act 1998), which is to be expected in the new year. Read the rest of this entry…