Joint Committee on the Draft Voting Eligibility (Prisoners) Bill - First Report
Draft Voting Eligibility (Prisoners) Bill

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 16 December 2013.

Contents

Terms of Reference

Executive summary

1 Introduction

2 The history of prisoner voting in the United Kingdom

From civic death to statutory disenfranchisement

The partial enfranchisement of prisoners

The prohibition on prisoner voting

Modifying the prohibition on prisoner voting

Summary

3 The history of prisoner voting and the European Convention on Human Rights

The drafting of the First Protocol

The doctrine of the "living instrument"

The "right to vote" under Article 3, Protocol 1

Hirst v United Kingdom (No.2)

Subsequent developments in Strasbourg

Conclusions of the Committee

The approach of the domestic courts

4 Parliamentary sovereignty and the European Court of Human Rights

Introduction

Parliamentary sovereignty

International legal obligations

The developing role of the European Court of Human Rights

Can Parliament ignore international law obligations?

Non-compliance and withdrawal from the Convention system

Legal effects of non-compliance and withdrawal

Political consequences of withdrawal from the Convention system

Conclusions of the Committee

5 Is there a rational basis for disenfranchisement?

The right to vote and the "social contract"

The emergence of "human rights"

Is there a right to vote?

Limitations on the right to vote

Prisoner voting and penal policy

Prisoner voting and rehabilitation

Prisoner voting: symbolism

Views of the Committee

6 Practicalities of disenfranchisement and re-enfranchisement

Who is denied the right to vote in the UK?

The prison population

Sentencing

Types of offences leading to imprisonment

Registration practicalities

How many prisoners would vote?

Conclusions of the Committee

7 Proportionality

Introduction

The meaning of "proportionality"

Does proportionality require individual consideration?

Linking loss of voting rights to specific offences

Linking disenfranchisement to sentence length

Setting the threshold

Regaining the right to vote

Conclusions of the Committee

8 The way forward

The views of the Committee

Recommendations

Conclusions and recommendations

Appendix 1: Members and interests

Appendix 2: List of oral evidence

Appendix 3: List of written evidence

Appendix 4: Call for written evidence

Appendix 5: Note of visit to HMP Downview and HMP High Down

Formal Minutes

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Prepared 18 December 2013