Prisoner Voting

Stirling Council did not have the information requested.

Dear Stirling Council,

In February 2020, Members of the Scottish Parliament passed legislation to extend the electoral franchise in local and Scottish elections to prisoners serving a sentence of less than 12 months. When it comes to UK Parliamentary Elections, however, the Representation of the People Act 1983 prevents prisoners in Scotland from voting. There are some prisoners who are currently eligible to vote in UK Parliamentary elections:

• Unconvicted prisoners (i.e. those on remand).
• Convicted but unsentenced prisoners.
• Persons imprisoned for contempt of court or under Prison Rule 7(3) 2.
• Those serving a term of imprisonment in default of payment of a sum of money, adjudged to be paid on conviction.
• Those on temporary day release on the date of an election.

In accordance with the Freedom of Information Act 2000, can you please provide me with the following information.

1. Can you please tell me how many prisoners held at HMP Cornton Vale on 12 December 2019 were eligible to vote in the UK General Election held that day.

2. Can you please tell how many prisoners held at HMP Cornton Vale on 12 December 2019 voted in the UK General Election held on that day.

Yours faithfully,

Robert Jones

FOI, Stirling Council

Thank you for your email. We will endeavour to respond as quickly as
possible.
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[1]https://www.itspublicknowledge.info/Law/...
 

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[2]Stirling Council.

[3]Living Wage Employer

References

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1. https://www.itspublicknowledge.info/Law/...
2. http://www.stirling.gov.uk/

FOI, Stirling Council

Dear Robert Jones,

 

Your request for information has been logged and allocated reference
FOI/15122.

 

Your request will be dealt with under the Freedom of Information
(Scotland) Act 2002 (FOISA), and if determined appropriate to do so during
the course of your request, also the Environmental Information (Scotland)
Regulations, 2004 (EIRs).

 

Your request will be forwarded to the service area(s) holding the
information. Please note, the service area(s) holding the information may
need further information from you to locate the information sought once
they have received the request, and you will be contacted again should
this be necessary.

 

Unless clarification is required your request will be answered promptly,
and within twenty working days of the date your request was received – in
this case no later than 10^th June 2021.

 

Due to the restrictions relating to the ongoing COVID-19 pandemic, in line
with Government guidelines, non-essential frontline staff are required to
work remotely which has significantly impacted upon our ability to respond
as swiftly to requests as we would have otherwise done in all of our
cases. We are working extremely hard to ensure that requests are processed
and responded to as quickly as possible within the constraints of working
remotely

 

Yours sincerely,

 

Records & Information Governance Team

 

Communities & Performance | Stirling Council | Old Viewforth |
Stirling FK8 2ET  

T: 01786 233988 | E: [email address] | W: stirling.gov.uk 

 

 

show quoted sections

FOI, Stirling Council

Dear Robert Jones,

 

I refer to your request for information, logged by us as FOI/15122 and can
provide the following information in response to your request.

 

In accordance with the Freedom of Information Act 2000, can you please
provide me with the following information.

 

1. Can you please tell me how many prisoners held at HMP Cornton Vale on
12 December 2019 were eligible to vote in the UK General Election held
that day.

 

2. Can you please tell how many prisoners held at HMP Cornton Vale on 12
December 2019 voted in the UK General Election held on that day.

 

This information is not held by Stirling Council. Section 17(1) -
information not held of the Freedom of Information (Scotland) Act 2002
requires the Council to notify you if it does not hold the information you
requested. Therefore, this is a formal notice under section 17(1) of FOISA
that the Council does not hold the information you have requested above.

 

Under Section 15 of the Freedom of Information (Scotland) Act, 2002, we
have a duty to provide assistance and can advise that the Scottish Prison
Service may hold the information requested. You may wish to direct your
request to them at the following address:
[1][email address]

 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review of the actions
and decisions made by the Council in relation to your request.  Your
request for review must be in writing or some other permanent form stating
your name and address for correspondence, and specifying the request for
information to which your request for review relates and why you are
dissatisfied with the response.

 

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period of response to your initial
request by the Council or not later than 40 working days after the receipt
by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

 

Your request for review should be addressed in the first instance to:

Records & Information Governance Manager, Stirling Council, Viewforth,
STIRLING FK8 2ET email [2][Stirling Council request email]

 

The Records & Information Governance Manager will then arrange for an
appropriate officer to undertake a review.

 

Please note that in any email you must state your name.

 

If you are dissatisfied with how your request for a review has been dealt
with, then you are entitled to ask the Scottish Information Commissioner
to investigate your case. You must ask the Scottish Information
Commissioner no later than 6 months after the date of receipt by you of
the notice or decision you are dissatisfied with or within 6 months of the
expiry of the period of 20 working days from receipt by the Council of
your request for review. 

 

The Scottish Information Commissioner recommends that you appeal online.
The online appeal service is available here:
[3]www.itspublicknowledge.info/Appeal

You do not need to submit an appeal online, but if you do it will ensure
the Commissioner is provided with all the information required to
investigate your case quickly.

 

For further information about making an appeal to the Scottish Information
Commissioner, including how to submit an appeal by email or post, see:

[4]http://www.itspublicknowledge.info/YourR...

 

If you do not have access to the internet, you can contact the Scottish
Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews,
Fife KY16 9DS,   Tel: 01334 464610  Email:
[5][email address]

 

You may also appeal against a decision of the Scottish Information
Commissioner but on a point of law only.  Any such appeal must be made
within 42 days of the date of intimation of the Commissioner's decision
notice.

 

Yours sincerely,

 

 

 

Records & Information Governance Team

 

Communities & Performance | Stirling Council | Old Viewforth |
Stirling FK8 2ET  

T: 01786 233988 | E: [email address] | W: stirling.gov.uk 

 

 

 

This email and any attachments are intended solely for the individual or
organisation to which they are addressed and may be confidential and/or
legally privileged. If you have received this email in error please let us
know at [email address] and then delete it. Please check this email
and any attachments for the presence of viruses as Stirling Council
accepts no liability for any harm caused to the addressees' systems or
data. Stirling Council may monitor its email system. Stirling Council
accepts no liability for personal emails.

[6]Stirling Council.

[7]Living Wage Employer

References

Visible links
1. mailto:[email address]
2. mailto:[Stirling Council request email]
3. http://www.itspublicknowledge.info/Appeal
4. http://www.itspublicknowledge.info/YourR...
5. mailto:[email address]
6. http://www.stirling.gov.uk/