Parliamentary Voting System and Constituencies Act 2011 is incompatible with the HRA 1998

Parliamentary Voting System and Constituencies Act 2011 is incompatible with the HRA 1998

2Entitlement to vote in the referendum

(1)Those entitled to vote in the referendum are—

(a)the persons who, on the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency, and

(b)the persons who, on that date, are disqualified by reason of being peers from voting as electors at parliamentary elections but—

(i)would be entitled to vote as electors at a local government election in any electoral area in Great Britain,

(ii)would be entitled to vote as electors at a local election in any district electoral area in Northern Ireland, or

(iii)would be entitled to vote as electors at a European Parliamentary election in any electoral region by virtue of section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom).

(2)In subsection (1)(b)(i) “local government election” includes a municipal election in the City of London (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, aldermen and liverymen in common hall).

Comment:

11. We regret the fact that this Bill has not been subject to either pre-legislative scrutiny, or to prior public consultation.

12. In general, we regard it as a matter of principle that proposals for major constitutional reform should be subject to prior public consultation and pre-legislative scrutiny. We recognise that there may exceptionally be good reasons for departing from this principle, but the perils of doing so are well illustrated in the present Bill. The case for proceeding rapidly with one Part of this Bill is far stronger than for the other.

Because s.2(1) of the Parliamentary Voting System and Constituencies Act 2011 has not taken into account Article 3 of the First Protocol of the Convention, it is arguable that it is not Convention compliant.

I feel a challenge coming on. I understand that prisoners are waiting for the forms to be sent by a firm of solicitors, Jackson & Canter LLP, in Liverpool.

Update: I am unable to find a copy of any compatibility statement being made in relation to the above Act...