PRISONERS are to be given the vote for the first time in Scotland since a blanket ban was ruled a breach of their human rights.

Inmates serving sentences of less than a year will be able to vote in this month’s Holyrood by-election in Shetland if they would ordinarily be resident in the islands.

The Scottish Government is to act this week to align the franchise in the byelection with the European Convention on Human Rights (ECHR).

Fewer than five prisoners are expected to get the vote as a result of the change.

The Scottish Tories, who oppose prisoner voting, called the move "ill-judged".

Denying prisoners the vote dates back to the 1870 Forfeiture Act, and was linked to the notion of ‘civic death’. 

It is currently codified in the 1983 Representation of the People Act. 

The European Court of Human Rights ruled against the blanket ban in 2005, but the UK government took no action before the issue was devolved in 2017.

The Scottish Government and Holyrood are now legally obliged to comply with the court ruling, and in June the Scottish Elections (Franchise and Representation) Bill was introduced to give short-term prisoners the vote in council and Holyrood elections. 

READ MORE: Prisoner voting plans unveiled

Although it has not yet been passed by MSPs, Constitutional Relations Secretary Michael Russell will use a Remedial Order to bring the by-election franchise into line with the ECHR.

The Order will allow prisoners who meet the wider franchise criteria, and who are serving sentences of 12 months or less, to register for a vote by the August 13 deadline.

It is estimated this will extend the franchise to fewer than five people who, if they choose to register, would then be able to return a postal ballot for the August 29 vote.

READ MORE: Nicola Sturgeon opposes prisoner voting for worst offenders

The byelection was prompted by the departure of former Scottish LibDem leader Tavish Scott, who had held the Shetland seat since the start of the Scottish Parliament in 1999.

He quit in June to become head of external affairs at Scottish Rugby.

Mr Russell said: “The courts have been crystal clear – the blanket ban on prisoner voting is not compliant with the ECHR.

“Whether people agree with that or oppose it, one thing everyone should agree on is that elections must be compliant with the law.

“And, unlike the UK Government, who did not rectify this issue for more than a decade, the Scottish Government is legally obliged under the Scotland Act to comply with the ECHR.

“The timing of the by-election means action must be taken now, on a temporary basis, to ensure Scotland does not breach the ECHR.

“The Order will then be repealed prior to the full parliamentary debate on legislation to put in place a long-term solution to the issue.

“The resignation of the sitting Shetland MSP means that we have to move quickly to bring the resulting by-election into line with the law.

“This is a pragmatic, short-term solution, and our intention is that Bill currently before Parliament, if passed, will provide the longer-term solution.”

Scottish Tory MSP Wells said: “Although there will be little impact on this particular election, this ill-judged move opens the door for prisoner voting more generally.

“It sets the all-important precedent, and means the SNP will be enabling dangerous criminals to vote in future elections.

“That’s not what the people of Scotland want to see, and not what prisoners deserve. The fact this is being done without any proper debate or consultation is particularly unacceptable.

“Victims of crime will be furious that people guilty of assault, domestic violence and serious drugs offences will be able to influence our political future.”

But Scottish LibDem MSP Liam McArthur said: “Liberal Democrats have been calling for changes to prisoner voting rules for years.

"The existing blanket ban on prisoner votes flouts international law and impedes rehabilitation. We think it’s important to build civic responsibility among the prison population. This is a fair and progressive change.”

READ MORE: Former Scottish LibDem leader Tavish Scott to stand down as MSP

Mr Scott won 67.4 per cent of the vote at the 2016 election, while the SNP won 23.1%.

Ten candidates are standing in the byelection, with the LibDems represented by Shetland Islands Council depute convener Beatrice Wishart.

Fellow councillor Johan Adamson is Labour's candidate while Brydon Goodlad and Tom Wills are the respective Scottish Conservatives and SNP representatives on the list.

Also in the contest are Stuart Martin for Ukip; three independent candidates in Michael Stout, Peter Tait and Ryan Thomson; and Ian Scott who has no party listed.