Member News
22nd November 2012The Law Society has said the Government "should adhere to decisions made by a properly constituted court" after the Justice Secretary announced a draft bill on voting rights for prisoners.
MPs have previously voted to continue to deny the franchise to people in prison, in spite of a European Court ruling that the ban contravenes their human rights.
Chris Grayling told the Commons the Government "is under an international law obligation to implement the court judgment".
"As Lord Chancellor, as well as Secretary of State for Justice, I take the obligation to uphold the rule of law very seriously," he said.
"Equally, it remains the case that parliament is sovereign and the Human Rights Act explicitly recognises that fact. The current law passed by parliament remains in force unless and until parliament decides to change it."
The draft Bill sets out options including allowing those who are serving less than four years in jail the right to vote, limiting the right to vote to prisoners serving less than six months, or maintaining the status quo.
A joint committee of MPs and peers will now examine the Bill and ministers will make a final decision after they have reported their findings. The committee will also look at issues such as where prisoners would register to vote.
A Law Society spokesperson said:
“The Law Society believes it is important that the rule of law is upheld and that the Government should adhere to decisions made by a properly constituted court, to whose establishment we were and are a signatory.
“The Law Society will be closely scrutinizing the proposed legislation.”