| This article is part of a series on |
| Politics of the United Kingdom |
|---|
 |
 United Kingdomportal |
The Voting Eligibility (Prisoners) Bill 2012 [1] was a proposed Act of Parliament of the United Kingdom introduced to the House of Commons. The Bill deals with disenfranchisement of prisoners in the United Kingdom.
Following a ruling by the European Court of Human Rights, [2] the United Kingdom government was tasked with amending the Representation of the People Act 1983 which contains the clauses forbidding serving prisoners from being able to cast votes in any elections. Even before 1983, prisoners in the UK weren't allowed to vote, which had been decided with the Forfeiture Act 1870. [3]
On 10 December 2012, the Council of Europe advised that the United Kingdom could not continue with its 'blanket ban', observing that one of the available options in the draft bill would contravene the ruling against the UK. [4] [5]
Section 3 of the 1983 Act states that,
A convicted person during the time that he is detained in a penal institution in pursuance of his sentence or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any parliamentary or local government election. [6]
In its ruling Hirst v United Kingdom (No 2) [7] the ECHR stated that "...the general...and indiscriminate disenfranchising of all serving prisoners....is incompatible with Article 3 of Protocol No 1", [8] and that "[a]ny departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws which it promulgates". [9]
 |
The Voting Eligibility (Prisoners) Bill was drafted to give Members of Parliament three options on which to vote.
A Joint Committee would be formed to consider the Bill and further options.
Amending the legislation has caused controversy in the United Kingdom. Prime Minister David Cameron said the idea made him feel "physically ill". [10] Although Dominic Grieve, the Attorney General told a Select Committee that continuing the ban would keep the UK in breach of the Court's ruling [11] David Cameron told the Commons that "no one should be in any doubt" that the law would not be changed. [12]
In 2014, Conservative backbencher Christopher Chope introduced a private members bill to cement the ban on voting right in British law in defiance of the European Court's ruling. [13]
Disfranchisement, also disenfranchisement or voter disqualification, is the restriction of suffrage of a person or group of people, or a practice that has the effect of preventing someone from exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community, or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. High barriers to entry to the political competition can disenfranchise political movements.
Dominic Charles Roberts Grieve is a British barrister and former politician who served as Shadow Home Secretary from 2008 to 2009 and Attorney General for England and Wales from 2010 to 2014. He served as the Member of Parliament (MP) for Beaconsfield from 1997 to 2019 and was the Chair of the Intelligence and Security Committee from 2015 to 2019.
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg.
The Anti-terrorism, Crime and Security Act 2001 is an Act of Parliament of the United Kingdom, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. It received royal assent and came into force on 14 December 2001. Many of its measures are not specifically related to terrorism, and a Parliamentary committee was critical of the swift timetable for such a long bill including non-emergency measures.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for parole after a minimum term ("tariff") set by the judge. In exceptional cases a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the home secretary. Whole life orders are usually imposed for aggravated murder, and can only be imposed where the offender was at least 21 years old at the time of the offence being committed.
Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development of civil liberties advanced in common law and statute law in the 17th and 18th centuries, notably with the Bill of Rights 1689. During the 19th century, working-class people struggled to win the right to vote and join trade unions. Parliament responded with new legislation beginning with the Reform Act 1832. Attitudes towards suffrage and liberties progressed further in the aftermath of the first and second world wars. Since then, the United Kingdom's relationship to civil liberties has been mediated through its membership of the European Convention on Human Rights. The United Kingdom, through Sir David Maxwell-Fyfe, led the drafting of the Convention, which expresses a traditional civil libertarian theory. It became directly applicable in UK law with the enactment of the Human Rights Act 1998.
Hirst v United Kingdom (2005) ECHR 681 is a European Court of Human Rights case, where the court ruled that a blanket ban on British prisoners exercising the right to vote is contrary to the European Convention on Human Rights. The court did not state that all prisoners should be given voting rights. Rather, it held that if the franchise was to be removed, then the measure needed to be compatible with Article 3 of the First Protocol, thus putting the onus upon the UK to justify its departure from the principle of universal suffrage.
Dominic Rennie Raab is a British former politician who served as Deputy Prime Minister of the United Kingdom, Justice Secretary and Lord Chancellor from September 2021 to September 2022 and again from October 2022 to April 2023. He previously served as First Secretary of State and Foreign Secretary from 2019 to 2021. A member of the Conservative Party, Raab was Member of Parliament (MP) for Esher and Walton from 2010 to 2024.
Brexit was the withdrawal of the United Kingdom from the European Union.
The Proposed British Bill of Rights was a proposal of the Second Cameron ministry, included in their 2015 election manifesto, to replace the Human Rights Act 1998 with a new piece of primary legislation.
The European Union Referendum Act 2015 was an act of the Parliament of the United Kingdom that made legal provision for a consultative referendum to be held in the United Kingdom and Gibraltar, on whether it should remain a member state of the European Union or leave the bloc altogether. The bill was introduced to the House of Commons by Philip Hammond, Foreign Secretary on 28 May 2015. Two weeks later, the second reading of the Bill was supported by MPs from all parties except the SNP; the bill subsequently passed on its third reading in the Commons on 7 September 2015. It was approved by the House of Lords on 14 December 2015, and given Royal Assent on 17 December 2015. The Act came partly into force on the same day and came into full legal force on 1 February 2016.
The European Union (Referendum) Bill 2013–14 was a private member's bill of the Parliament of the United Kingdom designed to make provision for a referendum on membership of the European Union to be held in 2017 following renegotiation of terms between the European Union and the United Kingdom government. The bill ceased to be considered by Parliament after January 2014 and did not become law. However, a subsequent bill with the same objective, the European Union Referendum Act 2015, was later introduced to the House of Commons by the newly elected Conservative government in May 2015 was passed and received royal assent on 17 December 2015.
On 29 March 2017, the United Kingdom (UK) invoked Article 50 of the Treaty on European Union (TEU) which began the member state's withdrawal, commonly known as Brexit, from the European Union (EU). In compliance with the TEU, the UK gave formal notice to the European Council of its intention to withdraw from the EU to allow withdrawal negotiations to begin.
The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.
The United Kingdom was a member state of the European Union (EU) and of its predecessor the European Communities (EC) – principally the European Economic Community (EEC) – from 1 January 1973 until 31 January 2020. Since the foundation of the EEC, the UK had been an important neighbour and then a leading member state, until Brexit ended 47 years of membership. During the UK's time as a member state two referendums were held on the issue of its membership: the first, held on 5 June 1975, resulting in a vote to stay in the EC, and the second, held on 23 June 2016, resulting in a vote to leave the EU.
Parliamentary votes on Brexit, sometimes referred to as "meaningful votes", were the parliamentary votes under the terms of Section 13 of the United Kingdom's European Union (Withdrawal) Act 2018, which requires the government of the United Kingdom to bring forward an amendable parliamentary motion at the end of the Article 50 negotiations between the government and the European Union in order to ratify the Brexit withdrawal agreement.
On 28 August 2019, the Parliament of the United Kingdom was ordered to be prorogued by Queen Elizabeth II, on the advice of Prime Minister Boris Johnson, from a date between 9 and 12 September 2019 until the State Opening of Parliament on 14 October 2019. As a consequence, Parliament was suspended between 10 September and 24 September 2019. Since Parliament was to be prorogued for five weeks and reconvene just 17 days before the United Kingdom's scheduled departure from the European Union on 31 October 2019, the move was seen by many opposition politicians and political commentators as a controversial and unconstitutional attempt by the prime minister to avoid parliamentary scrutiny of the Government's Brexit plans in the final weeks leading up to Brexit. Johnson and his Government defended the prorogation of Parliament as a routine political process that ordinarily follows the selection of a new prime minister and would allow the Government to refocus on a legislative agenda.
The Bill of Rights Bill was a proposed Act of Parliament in the United Kingdom that sought to replace the Human Rights Act 1998. It was introduced to the House of Commons by Dominic Raab, the Deputy Prime Minister of the United Kingdom and Secretary of State for Justice, on 22 June 2022.
