The Vote Thing...

My view on the Prisoners Vote issue is well known and based on two broad arguments. Firstly, that human rights are inviolate and universal - they apply to the most despised as well as those most lauded. Secondly, prisoners remain a part of society, even if tucked out of sight. I have rehearsed my views previously, over at the Guardian's Comment is Free for those who are particularly interested.

Though not many prisoners seem to be! While this issue has exercised the best political and legal minds of two governments, and they have been found wanting, prisoners sat on the sidelines, largely indifferent. The prospect of gaining the vote is merely entertaining for many of us, and an irrelevance to most. I think it's more important than we appreciate.

The Labour government bobbed and weaved in an embarrassing display of deceit to avoid facing the reality of the Court’s judgement. Jacqui Smith, their Home Secretary, admitted on "This Week" that Labour deliberately delayed. We all knew this, but they happily looked Parliament and the Council of Europe in the eye and assured them otherwise. Nothing makes prisoners angrier than being lectured on our disdain for the law by a government that treats a court judgement with contempt.

I expected the current Government to adopt a similar stance. After all, as a matter of practical politics, who wants to be the Prime Minister that gives us lot the vote?? But, politically, it was handled extremely adeptly. In blaming the financial crisis and the European Court, Cameron deflected the flack he would otherwise have received. And he was, partly, correct to do so. For months, prisoners have been filing claims for compensation with the Court for Labour’s refusal to allow us to participate in the General Election.

This was a rare opportunity to open a debate around the place of prison and prisoners in society, and it was lost. To some, it was because John Hirst became the story rather than the campaign. To others, the opportunity was squandered because the media reverted to a default position which avoided engaging with any of the genuine issues.

There will inevitably be a continuation of this battle, though. The government seem determined to restrict the number of prisoners voting to the minimum. I suspect their legal advice is telling them what everyone familiar with this judgement knows -that this will be challenged. Within the lifetime of this administration most prisoners will have the vote.

This will include Lifers and some of the bogeyman groups such as rapists and paedophiles. The legal landscape has advanced since the original Hirst judgement and, taking into account Frodl v Austria, then an almighty political embarrassment remains for the government to face up to.

Astonishing though it is that a Tory government that has done the right thing by prisoners in this, Cameron has only dealt with the initial problem. In not giving us all the vote, blaming Europe and the public coffers, he faces a second crisis when some Lifer returns to the courts and forces the government to give all prisoners the franchise.

No Prime Minister wants to be the one who gives Ian Huntley or Rose West a ballot paper. That's just politics. But it will have to be done, and avoiding this certainty for now will only make it more politically damaging later.

From where I sit, I also suspect that no Lifer will want to be the one to take this back to court and be forever known as the man who got Huntley the vote. That is also practical politics. But someone will. And that's when this story becomes a very hot topic - again. Next time, though, those of us involved in prisoners’ rights and reform should all be better prepared to take advantage of the situation and use it as a platform to crack open a genuine debate.