This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.

You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/scotland/6297519.stm

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Minister's pledge over May's poll Holyrood row over May's election
(about 2 hours later)
The Holyrood election will go ahead, despite any potential legal threat from inmates, Scotland Office Minister David Cairns has pledged. Jack McConnell has promised that May's Holyrood election will go ahead - despite a court ruling that prisoners should be given the right to vote.
Inmates believe a ban on being able to vote breaches the European Convention on Human Rights. Judges said the existing blanket ban on voting was incompatible with the European Convention on Human Rights.
If a legal move is successful it could leave the UK Government facing a £7m compensation bill. That sparked fierce exchanges at First Minister's Questions, with SNP Holyrood leader Nicola Sturgeon accusing ministers of trying to dodge the issue.
The SNP's Kenny MacAskill and Margaret Mitchell of the Scottish Tories said the problem could have been avoided. But Mr McConnell accused the SNP of seeking to make political capital.
Mr Cairns said it was "absolutely fanciful" to think that the government would face a £7m payout to prisoners. Three Court of Session judges - Lord Abernethy, Lord Nimmo Smith and Lord Emslie - ruled on Wednesday that banning prisoners from voting breached the convention. The judges made a formal declaration of incompatibility.
However, solicitor Tom Kelly, who has already won compensation for inmates who were slopping out, warned that if the elections go ahead in May damages claims would follow. The matters in front of the court are rightly the responsibility of the UK Government, who have legislative statutory responsibility for the conduct of Scottish elections. Jack McConnell
The controversy surfaced on Wednesday when three Court of Session judges - Lord Abernethy, Lord Nimmo Smith and Lord Emslie - ruled that banning prisoners from voting breached the convention and made a formal declaration of incompatibility. At First Minister's Questions, Ms Sturgeon said: "Surely, after the slopping out fiasco, that should never, ever have been allowed to happen again."
This whole incident was entirely avoidable if the Labour Government had not rushed to incorporate the European Convention of Human Rights direcly into Scots law Margaret MitchellScottish Conservatives Tory leader Annabel Goldie said it was "completely unacceptable" for prisoners to have the right to vote - and demanded to know the likely cost of "this latest botch-up".
They had been considering the case of William Smith, a convicted drug dealer, who took legal action after he was barred from voting in the 2003 Scottish Parliament elections. Ms Sturgeon said that, according to the court's judgement, the executive had a right to get involved but had chosen not to become a party to the case.
They upheld a decision not to allow him to register while he was in Glenochil Prison serving a five-year sentence but made the declaration of incompatibility with the convention. Mr McConnell said: "The matters in front of the court are rightly the responsibility of the UK Government, who have legislative statutory responsibility for the conduct of Scottish elections.
Compensation bill
"Despite what Miss Sturgeon may wish to imply to the contrary, it's been made very clear by the Scotland Office and the UK Government this morning that the Scottish elections will go ahead, that yesterday's judgment does not affect that in any way.
"This morning I have written confirmation from the Secretary of State to that effect."
If a legal move was successful it could leave the UK Government facing a £7m compensation bill.
Solicitor Tom Kelly, who has already won compensation for inmates who were slopping out, warned that if the elections went ahead in May damages claims would follow.
Blanket ban
The judges had been considering the case of William Smith, a convicted drug dealer, who took legal action after he was barred from voting in the 2003 Scottish Parliament elections.
They upheld a decision not to allow him to register while he was in Glenochil Prison serving a five-year sentence, but made the declaration of incompatibility with the convention.
They said that the UK Government accepted there would be no new legislation brought in to amend the situation before May's election.They said that the UK Government accepted there would be no new legislation brought in to amend the situation before May's election.
Current UK legislation prevents convicted prisoners from voting, but in 2005 the European Court of Human Rights ruled that such a blanket ban was a breach of human rights.Current UK legislation prevents convicted prisoners from voting, but in 2005 the European Court of Human Rights ruled that such a blanket ban was a breach of human rights.
'Absolutely fanciful'
Scotland has about 7,000 prisoners and some experts have claimed that a recent court ruling in Europe sets £1,000 as a proper level of compensation, suggesting a potential bill of up to £7m.
Mr Cairns insisted that there was an exemption in human rights legislation that allows UK ministers to continue operating the current law without fear.
He said: "We are consulting on that at the moment and I'm very confident that there are no grounds for a challenge against ministers.
David Cairns said it was fanciful to talk of a huge payout
"To talk about £7m is absolutely fanciful. It is based upon a complete misunderstanding of what the courts said yesterday and a misunderstanding of the law."
Opposition parties believe that the UK Government has got things wrong.
'Not good enough'
Mr MacAskill, who is the SNP's justice spokesman, said: "It is quite clear that the Scottish secretary and the UK departments failed to address matters.
"So, both at European and Westminster levels Scotland has been let down and we are now having to face the consequences. It is frankly not good enough, both at Europe and at Westminster."
Conservative justice spokeswoman Ms Mitchell, said: "This whole incident was entirely avoidable if the Labour Government had not rushed to incorporate the European Convention on Human Rights direcly into Scots law, as a result the slopping out consequences followed and now this rights to vote.
"Furthermore, we are looking at this in January 2007 when they must have been aware of the potential to have a challenge in 2005 when the UK Government acted on it."