The legal position on banning prisoners from voting in the independence referendum is “perfectly clear”, the Deputy First Minister has said.
The Scottish Government is against extending the franchise for the 2014 vote to those serving custodial sentences, and has taken account of all legal considerations surrounding this, Nicola Sturgeon said.
She was giving evidence to Holyrood’s referendum bill committee when she was asked about prisoners voting.
The committee has received evidence from a Holyrood legal adviser warning that the ban could breach human rights and be open to legal challenge.
The Scottish Government’s Referendum (Franchise) Bill states: “A convicted person is legally incapable of voting in an independence referendum for the period during which the person is detained in a penal institution in pursuance of the sentence imposed on the person.”
Green Party co-leader Patrick Harvie urged the Government to consider whether prisoner voting could be part of the rehabilitation process and whether there is a moral case in favour of it.
Ms Sturgeon told the committee that the legal position is “clear” in terms of what is outlined in the European Convention on Human Rights and in terms of case law.
“The Government is very clear that we don’t think convicted prisoners who are serving a prison sentence should be able to vote in a referendum process.
“We are at the start of a parliamentary process. It is entirely right and proper and appropriate for (Patrick Harvie) or any other member to put forward the alternative view.”
Ms Sturgeon was also asked about placing a duty on local authorities in the bill to provide information about the referendum as part of young voters’ education.
The franchise bill sets out provisions for 16 and 17 year olds to be allowed to vote.
Ms Sturgeon said: “I certainly would have to give that consideration, but I would say at this stage that the Electoral Commission will have a statutory responsibility to raise awareness and understanding of the registration process.”