Parliament

Government to appeal on prisoner votes

PoliticsHome reports that the government is to ask the ECHR to reconsider its verdict in the prisoner voting rights case. The website says: ‘In a response to a parliamentary question from Labour MP Gordon Marsden, Cabinet Office Under-Secretary Mark Harper said: “We believe that the court should look again at the principles in “Hirst” which outlaws a blanket ban on prisoners voting, particularly given the recent debate in the House of Commons.”’ This is unsurprising. Last month, the government asked its lawyers to advise on the ramifications of noncompliance. The lawyers were unequivocal: the repercussions of such defiance was diplomatically impossible and extremely expensive. As non-compliance is foolhardy and acquiescence

On the basis of this legal advice, the government is not planning to defy the ECHR

As I wrote this morning, the Times has obtained a copy of a government legal memo (written before last week’s prisoners’ debate in parliament) examining non-compliance with the ECHR’s infamous judgment. The newspaper argues that the government plans to defy the Court; and there are plenty rumours swirling around Westminster to that effect, which is hardly surprising given that the Times chanced upon this document. But it’s mostly hot air. The government lawyers actually advised against non-compliance on four separate grounds and revealed that British officials are working towards compliance. First, here are the recommendations of the advice: 1).    The Strasbourg judgements on Hirst and Greens and MT are

It’s a knock out: judicial activism versus the sovereignty of parliament

The prisoner voting debate is coming to a head, and Dave has turned once too often. The Times has received (£) what it describes as a government legal memo, urging the government to defy the demands of the European Court of Human Rights. After last week’s parliamentary debate, the government’s lawyers calculate that the ECHR can only put ‘political pressure rather than judicial pressure’ on British institutions. This is a seminal moment: political will has not been met by administrative won’t. But would non-compliance succeed? Last month, Austria’s attempt to withdraw the franchise from all prisoners serving more than a year was thrown out by the ECHR; but one suspects

Parliament is not sovereign

Enough is enough. The British Bill of Rights is set to return: a consequence of the government’s running battle with parliament over the European Convention on Human Rights. Recent days have been filled with clues and suggestions of imminent reform: Dominic Grieve, a former advocate of the ECHR, went so far as to assert that Britain may leave the convention. Cameron let slip the news that a Bill Of Rights commission is to be convened at PMQs; at the time he was answering a question about the Supreme Court’s controversial sex offenders’ register decision. There are no details as to what the commission will consider, but Theresa May aired the

More trouble for the government over the military covenant

The news that serving soldiers have been given notice by email has been met fury from ministers. Liam Fox has answered questions in the House about this story and why 100 RAF pilots discovered they were redundant in yesterday’s newspapers. Fox was both livid and contrite, decrying the ‘completely unacceptable’ practices and reiterating the MoD’s ‘unreserved apologies’. He announced that an internal inquiry has been called, which Patrick Mercer believes will expose negligence among those officers who manage personnel. Fox also conceded that the sacked pilots, many of whom were ‘hours from obtaining qualification’, cannot be retained in some form of volunteer reserve, such is the squeeze on the MoD.

The AV referendum hasn’t captured the public’s imagination

It is odd to think that in just a few months we’ll be having only the second nationwide referendum in our history and no one is particularly excited about it. This is largely because the plebiscite is on AV, an unloved voting system that is a half-way house between first past the post and a proportional system. (Just imagine the level of conversation there would be if the vote was to do with Europe not electoral reform). At the moment, the yes side has a growing lead in the polls http://ukpollingreport.co.uk/blog/archives/3115. But, given the vast number of undecideds, this could change very quickly. The No campaign, though, will have to

DD’s having a shindig

The FT’s Alex Barker has a sweet little scoop. David Davis is having a knees-up for all 234 of his comrades in the prisoner voting debate. Here’s the invitation: It’s been a while since newspapers and the public commended parliament, so why not throw a ‘little party’. True, normal service will be resumed if Mark Reckless and friends fall into old habits; but last Thursday was a great moment for parliament, they’ve a right to some latitude. Of course, as Paul Goodman has conceded, it was a greater day still for Davis.

Britain’s coming crunch with Europe

It did not take David Cameron long to realise that there were three parties in his coalition. A few months into government, the Prime Minister worked out that only half of the policies he was enacting came from the shared agenda drawn up when the Tories and LibDems got together. The other half comes from the EU. Or, more specifically, the Civil Service machine, which is busy implementing various EU Directives, often passed many years ago. Cameron is trying to put the brakes on this process. As I say in my News of the World column, this has led to much frustration in Whitehall. And dismay: the Civil Service remembers

From the archives: parliament versus the ECHR

Yesterday, parliament asserted its supremacy before the European Court of Human Rights. As Ross Clark explains, it has been a long time coming. The Final Indignity, 10th November 2001 by Ross Clark It wasn’t so long ago that the very mention of the words ‘European Convention on Human Rights’ in conservative circles was enough to provoke frothing at the mouth. Of all the horrors to emanate from the Continent, here was the final humiliation: British ministers ordered around by the bigwigs of European justice. No longer would we be able to beat our children or tell them that they can’t wear earrings and Motorhead T-shirts to their Latin lessons. Murderers,

The Commons rejects prisoner voting rights

The Davis Straw motion on keeping the ban on prisoner votes has just passed by 234 votes to 22. It is a crushing victory on what was a very good turnout given that both front benches were not voting. The 22 against the motion were a bunch of Liberal Democrats plus the Ulster MP Lady Hermon, the Plaid MPs Jonathan Edwards, Elfyn Llwyd and Hywel Williams, the Green Caroline Lucas,   Labour MPs Barry Gardiner, Kate Green, Glenda Jackson, Andy Love, Kerry McCarthy, John McDonnell, Yasmin Quereshi  and  one Tory Peter Bottomely, David Cameron now finds himself between a rock and a hard place. His MPs hate the idea of giving

Looks like Devine’s going down

Twitter has exploded at the news that former Labour MP Jim Devine has been found guilty on two counts of false accounting, and is likely follow to David Chaytor to the slammer – another argument against votes for lags. Sentence will be passed in four weeks As James Kirkup wrote at the time of Chaytor’s sentencing, this is a victory for the British justice system; proof that those who make our laws and subject to them also. The purge on the most heinous expenses cheats is a painful but necessary passage for restoring dignity to parliament and probity to public life. And the process is far from over. News of

In their own words…

Parliament will debate a prisoner’s right to vote tonight, to satisfy the ECHR’s now infamous judgement. Jack Straw and David Davis, the progenitors of tonight’s discussion, have taken time to explain why they believe the ECHR does not have the right to dictate to sovereign states on such matters. Writing for Con Home, Davis has constructed an impassioned polemic, decrying the British government’s ‘pusillanimous culture of concession’. Essentially, Jack Straw is making the same argument, albeit with precise procedural insight. He writes (£): ‘But is there some contradiction between my support for the HRA and my criticism of the Strasbourg court’s judgment in this case? Not at all. The reason

Parliament is expected to deny prisoners the right to vote

These are hard times for the government and there is no respite. Today, parliament will debate a prisoner’s right to vote, in accordance with the wishes of the resented European Court of Human Rights. The Guardian’s Patrick Wintour writes what many suspect: on the back of a free vote, the House will deny prisoners the right to vote in all cases and outlaw compensation claims. Such a result would seem a set-back for the government, which was thought to favour a limited franchise on prisoner voting. If it became law, then the government would apparently be at odds with the ECHR – precipitating an ignominious procession of grasping lags, searching

A disheartening story

A sad juxtaposition between David Cameron’s defence of liberal values and the Times’s interview (£) with Paul Maynard, the Tory MP for Blackpool North & Cleveleys. Maynard – who has cerebral palsy – describes his experiences in what ought to be a bastion of British decency: “Mr Maynard knew that people could be unkind, perhaps unconsciously. Nevertheless his worst experience in Parliament came as a shock. A few months later he stood up in the chamber to defend the Government’s decision to cut the Child Trust Fund. Mr Maynard admits that it was a controversial issue but still could not believe what happened. Each time that he lifted his head,

PMQs live blog | 2 February 2011

VERDICT: What a refreshing change that was. After several weeks of Punch ‘n’ Judy rivalry, the two party leaders finally put down their batons and stumbled upon a new way to do it. Much of the credit must go to Ed Miliband, for asking pacific questions about Egypt and Afghanistan in the first place. But credit, also, to Cameron, for answering them in a straightforward and statesmanlike manner. The rest of the House, for its part, was stunned into silence by this peculiar scene. Some of the blood rushed back into proceedings with the backbench questions, and as Cameron directed attacks at Ed Balls, but this must still go down

Wheeling and dealing over the AV bill

If the AV referendum is to take place on the 5th of May, the legislation paving the way for it needs to have passed by the 16th of February. But this bill is currently being held up in the Lords where Labour peers are objecting to the ‘Tory part’ of the bill which reduces the number of MPs and equalises constituency sizes. The coalition does not have a majority in the Lords, so all the talk of simply ramming the bill through was always slightly unrealistic. But the coalition’s concession that there can be public inquiries into the boundary review has created an expectation that Labour might now drop its

PMQs live blog | 26 January 2011

VERDICT: Ed Miliband had it all, going into today’s PMQs: weak growth figures, the uncertain demise of control orders, rising youth unemployment, and more. And yet, somehow, he let most of it go to waste. Barely any of his attacks stuck – or, for that matter, stick in the mind – and Cameron rebuffed them with surprising ease. It helped that the Prime Minister seemed more comprehensively briefed than usual, with a decent compliment of statistics, and one or two sharp lines, at his disposal. (Although, measuring by the Labour cheers, I doubt he will thank Jacob Rees-Mogg for invoking Thatcher immediately after his exchange with the Labour leader.) In

Act 3 in the prisoner voting farce

An ingenious man, John Hirst. First he achieved the considerable feat of committing manslaughter with an axe; and he has since proceeded to cause governments no end of trouble. The prisoner voting saga is nearing its end and a fug of ignominy is descending on the government. The BBC reports that the coalition is to dilute its policy of enfranchising prisoners serving less than four years. Now ministers will be seeking to enfranchise only those serving a year or less. This u-turn is the result of the alliance between Jack Straw and David Davis and the slew of assorted backbench dissent. Tim Montgomerie argues that this is yet another example

Using a politician’s spouse to attack him is below the belt, Andy Burnham should apologise

Andy Burnham crossed a line today in using Sarah Vine, Michael Gove’s wife, to take a pop at the Education Secretary. Burnham, mockingly citing a recent Vine column, argued that the fact that the Goves have a cleaner ‘raises further questions about whether he is living in the same world as the rest of us.’ Now, by this logic I suspect that the majority of his shadow Cabinet colleagues are not living in what Burnham thinks of as ‘the same world as the rest of us’. This ungallant attack seems particularly unpleasant when you consider that Sarah Vine came to Frankie Burnham’s defence when she was attacked for the outfit she wore

PMQs live blog | 19 January 2011

VERDICT: No winners, and no real losers, from this week’s PMQs. Miliband’s questions were insistent and straightforward. Cameron’s answers were forceful and, in themselves, fairly persuasive. A no-score draw, then, if you want to look at it like that. There were one or two worrying leitmotifs for the coalition, though. First, the PM’s tendency towards grouchiness under fire; far less pronounced than it was last week, but still present. And then the continuing absence of any clear explanation of the NHS reforms, beyond “well, we had to change what was there previously.” The PM has a point about cancer survival rates and the like, but he’s not yet setting out