Extending the Franchise to Prisoners

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 24 November 2021.

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Photo of Jenny Rathbone Jenny Rathbone Labour

(Translated)

8. Will the Counsel General provide an update on the Welsh Government's policy regarding extending the franchise to prisoners? OQ57235

Photo of Mick Antoniw Mick Antoniw Labour 3:19, 24 November 2021

Well, thank you for that. It's an important issue within our electoral reform agenda. Because of the pandemic, we didn't amend the Local Government and Elections (Wales) Act 2021, as we had planned to do, to allow certain prisoners from Wales to vote in local government elections. We will be returning to this issue during the current Senedd.

Photo of Jenny Rathbone Jenny Rathbone Labour

I'm very pleased to hear that, Counsel General, because there is so much wrong with the criminal justice system, in particular the failure to have any impact on the rehabilitation of prisoners, because of the underfunding of the prison service and the completely inadequate way in which we treat prisoners. They are there to be punished, but they are also there to be rehabilitated. So, I think that it's really, really important that prisoners—or, at least, most prisoners—get the vote, in order to ensure that the inadequacy of the public service that we provide through our prisons, which is extremely expensive, is actually being properly aired and discussed and considered by anybody who is an elected Member.

Photo of Mick Antoniw Mick Antoniw Labour 3:20, 24 November 2021

Well, thank you for those supplementary comments and the question. It's fair to say that the Welsh Government agrees with the 2005 Hirst judgment in the European Court of Human Rights, which found that the UK was in breach of the European convention on human rights, because the vast majority of convicted prisoners serving a prison sentence are disenfranchised for UK elections.

Now, we believe that it is right to reform the law in this area. We consulted on this issue in 2017. The majority of respondents agreed that we should give at least some prisoners the vote. As the Member will be aware, during the last Senedd, the Equality, Local Government and Communities Committee recommended that prisoners and young people in custody serving sentences of less than four years should be enfranchised for devolved Welsh elections.

The specific question of extending the franchise to young people in custody aged 16 and 17 wasn't included in the 2017 consultation. So, before we could consider that extension, we would have to consult again. But, we will also give further consideration to whether prisoners should be able to vote in the next Senedd elections. We will consult on this, and I can assure you that these are issues that we will be considering with regard to the electoral reform agenda that the Welsh Government has.   

Photo of David Rees David Rees Labour 3:21, 24 November 2021

(Translated)

Thank you, Counsel General.