Prisoner wants freed to vote
23 Mar 07
Claim that recall to custody from licence a breach of right to vote
A prisoner has asked the courts to free him so that he can vote in the Holyrood elections on 3 May.
Donald Birrell, sentenced to six and a half years in prison in 2003 for being concerned in supplying cocaine, claims that not being allowed to vote is a breach of his human rights.
Birrell was released on licence last year but three weeks ago he was recalled to prison by ministers following breaches of the conditions of his release.
Yesterday he sought judicial review of the recall decision so that he can register to vote. Should the election go ahead without him being allowed to vote, he has asked for £1,000 in damages.
In January, the Court of Session ruled that the blanket ban on prisoners voting was not compatible with the European Convention of Human Rights. To lift the ban requires legislation at Westminster, which has not been put in place in time for the Holyrood elections.
Birrell's counsel Aidan O'Neill QC said the case brought to court the legal consequences of a political decision to go ahead with an election in which prisoners were unlawfully prevented from voting.
A decision in the case is awaited.