The Scottish Government must review its “shameful” position on votes for prisoners in order to credibly oppose plans to repeal the Human Rights Act, according to former justice secretary Kenny MacAskill.
Mr MacAskill said that the SNP was right to condemn David Cameron’s bid to replace the act with a British Bill of Rights but must also back prisoners voting or risk being labelled hypocritical.
The SNP MSP, whose tenure as justice secretary was dogged by controversy, lost the job when Nicola Sturgeon reshuffled her ministerial team shortly after becoming First Minister in November.
Writing in The National newspaper, he admitted that he was “complicit” in the “wrong” decision to oppose granting convicted prisoners the vote in last year’s referendum on Scottish independence.
The European Court of Human Rights (ECHR) has ruled that a blanket ban on prisoners voting is a breach of human rights.
Mr MacAskill said: “If it is to have credibility on the issue then the Scottish Government will have to change its own position on prisoner voting.
“That’s an issue that has come before the European Courts on many occasions and in which they have been quite clear.
“A blanket ban is unacceptable and in conflict with human rights, notwithstanding that the UK Government has simply refused to comply and indeed Prime Minister David Cameron has said that the very thought of it makes him sick.
“Shamefully, the Scottish Government has so far refused to adhere to the spirit and the judgements of the European Courts.
“Initially it hid behind the franchise being reserved to Westminster but did indicate that it did not support its extension to prisoners.
“That was compounded by replicating the Westminster line in the franchise for the referendum. Votes were granted for 16 and 17-year-olds but not prisoners.
“In that act I am as complicit as any as the former justice secretary. It was the wrong thing done, albeit for the right reasons.
“It was to avoid any needless distractions in the run-up to the referendum, to deny the right-wing press lurid headlines that could tarnish the bigger picture. But the referendum is behind us and the Tory press have failed to stop us.
“To have credibility on the issue the Scottish Government must now review their position on votes for prisoners or the defence of the Human Rights Act will ring hollow.”