Westminster is getting its collective knickers in a knot today over the issue of prisoner voting rights.

On the one side we have the European Court of Human Rights which suggests (nae, demands!) that the UK comply with their view that denying prisoners a vote in UK elections – at all levels – represents a breach of their human rights.  Failure to comply will result in… well, I’m not sure, to be honest.  Apparently the prisoners can sue for compensation, though how you put a monetary value on the freedom to vote I don’t know.

Anyway, on the other side we have Tory MP David Davies leading the charge, ably supported by former Home Secretary Jack Straw, arguing that when prisoners break their contract with society by committing a crime and are subsequently incarcerated, they give up their right to vote for the duration of their stay at Her Majesty’s pleasure.  Further, they argue, that while prisoners are of course covered by the Convention on Human Rights, that only extends as far as being fed and treated with respect – it does not extend to their ability to determine the government of the day.  Finally, neither seems to think the UK Government should be held to ransom by the European Court of Human Rights, arguing that “democratically elected lawmakers” of a sovereign state should have more say over their electoral arrangements than unelected judges and law-interpreters.

The upshot of it, as far as I can gather, is that we have a motion in parliament on the issue, and that both government and opposition front benches have been instructed to abstain in the vote while backbenchers have a free vote, though the vote itself is non-binding on the government.  David Cameron and the Conservative element of the government have signalled their displeasure with the European Court’s decision, though suggest that the UK has no choice but to comply, while the Liberal Democrats are likely to be (though I haven’t seen this in print) more sympathetic to prisoners’ claims.

Wherever you stand on the issue of prisoner voting rights (and though I tend to be more of a “rehabilitation-ist” than a “punish-punish-punish” type, I agree with the PM – it makes me a little ill to think that a prisoner who has no respect for the rights of others when s/he murders/rapes/assaults/burgles another citizen should be allowed to vote) this case opens up a lot of constitutional questions which the UK and the European Union are not prepared for.

In particular, can the UK continue to defy the European Court of Human Rights?  If so, what are the sanctions for such defiance?  When the UK signed up to the European Convention on Human Rights did it cede so much sovereignty that it no longer has control over its own franchise?  What are the ramifications for UK Parliamentary democracy if it has to take direction from Europe on law and order?

Needless to say, I’m just asking the questions – I don’t have all (or indeed, any) of the answers.  Perhaps some of our legal-minded colleagues may shed some light?  Either way, I watch this process unfold and await the outcome with some interest.