The ruling below by the European Court of Human Rights (ECHR) in the case of Peers, could ironically be viewed as setting a favourable legal precedent for old soldier Harry Shindler, who currently has his voting rights case before this Strasbourg court, having lost his right to vote after 15 years overseas and, therefore, the right to have his voice heard through his elected representative in the Commons.
Matthew Purvis, House of Lords Research Clerk, has provided (via his Twitter account @mtthwprvs) a link to Library Note LLN 2012/022 – Members of the House of Lords: Voting at Parliamentary Elections – which provides the background information on why Peers cannot vote..
From the voting rights standpoint and according to Nick Clegg, the Deputy Prime Minister, with regard to this incapacity to vote at general elections, and particularly how it relates to the European Convention on Human Rights:
“Parliament consists of the three estates of the Sovereign, the Lords and the Commons. The Lords sit in their own right. The Commons are elected by the remainder of the estate of commoners to represent them in Parliament. There was therefore no case for the Lords to vote to elect representatives, since they were able to sit in Parliament anyway.”
In terms of the European Court of Human Rights (ECHR), he added that:
“Article 3 Protocol 1 of the ECHR provides for a requirement to hold regular, free and fair elections, and the Strasbourg courts have taken this to include the individual right to vote. However that right to vote is not absolute and limitations may be imposed on it. The fact that Members of the House of Lords have a voice in Parliament makes it legitimate to deprive them of a right to have their voice also heard through their elected representative in the Commons.”
Harry Shindler has no such voice in Parliament. Is it then legitimate to deprive him of his right to vote in Parliamentary Elections after 15 years overseas?
Vote here in support of his campaign and votes for all the overseas British.
May I suggest that those who write with such venom that rx pats should not vote, obtain a copy of .. .,the Declaration of Human Rights and note what is set out regarding the right of all to have the right to vote. Do these critics understand what UNIVERSAL Suffrage means ? May I suggest a study of a dictionary. But we have won ! The Goverment have conceded that in principle we have right to vote in UK General Elections but they say, Not thebnext Election in 2015 but that 6 years time .! So abattle iscwon but war goes on….. Right is on our side ….. WE WANT TO VOTE IN THE NEXT GENERAL ELECTION IN 2O15!
I know Harry is soldiering on- He will not give up! Recently he has again contacted Sir Roger Gale MP (Thanet) who then wrote to the Euro Court of Human Rights to get a ‘judgement’. It is still awaited! Sir Roger has been a strong supporter of Harry all along!
How is Harry getting on with this case? Ant updates on progress!
Thank you for your question on Harry’s progress to date.
We keep in regular contact with Harry Shindler and he is still waiting for the judgement of the ECHR on his case.
Unfortunately it seems that the Court has a large backlog of human rights cases to get through before coming to his.
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