Scots prisoners could be first to vote after ministers bow to court ruling

Prime Minister David Cameron has conceded ministers must go ahead with the change, otherwise the government would be faced with paying out tens of millions of pounds in taxpayers' money to fund compensation claims.

The Scottish Government confirmed the European decision would apply in Scotland as well, because it is Westminster that is responsible for elections.

Depending on how quickly UK ministers are forced to act, there is a remote possibility next year's Scottish elections could be the first in which prisoners are entitled to vote. But Scottish Government sources said the tightness of the timetable leading up to next May meant it was unlikely the change would be implemented by then.

The Scottish Government said it "strongly" opposed the ruling, which will end a 140-year-old tradition that has forbidden prisoners in British jails from voting.

It is the second time in a week that a court decision from outside Scotland has affected the Scottish justice system. Last week, the UK Supreme Court in London ruled in the so-called "Cadder verdict" that Scottish police can no longer question suspects without a lawyer to comply with European human rights laws.

There are some 70,000 prisoners in the UK, of which 7,668 are incarcerated in Scotland. The UK government admitted the ruling meant it had to abandon the blanket ban that prevents prisoners from voting. But ministers should be able to exercise some discretion over which categories of prisoner can get the vote.

In the House of Commons yesterday, constitutional reform minister Mark Harper said the coalition government "accepts … there is a need to change the law" and end the blanket ban on inmates being allowed to take part in ballots.

However, he insisted no decision had yet been taken on which prisoners would be allowed the vote.

The Prime Minister is expected to resist extending the vote to child murderers or serial killers.A spokesman for the government said the detail had yet to be worked out, although it is expected that prisoners will be registered to vote in their home areas rather than in the constituency that houses their prison.

Asked by fellow Tory Gavin Williamson to spell out how he would make sure that "rapists, murderers and paedophiles" were not given the right to vote, Mr Harper said: "I think you can be reassured from what I said earlier about the fact that from the Prime Minister down, pretty much everyone on this side of the House is pretty unhappy about having to implement this judgment, but we are going to have to. But I think you can take from the fact that we are not very happy about it we will take into account everything you have said."

Of the 7,668 inmates in Scotland, 2,800 are long-term prisoners serving sentences of four years or more. A further 1,300 are on remand and therefore already have the right to vote because they have not yet been convicted.

A Scottish Government spokesman said: "The Scottish Government strongly opposes convicted prisoners being entitled to vote while they are serving a prison sentence, however the UK government is responsible for decisions on who is eligible to vote in national and local government elections and therefore this is a matter that is reserved to Westminster."

In 2004, the European Court of Human Rights ruled the blanket ban on prisoners' voting, which was enshrined in 1867, was discriminatory.

The court came to that conclusion following a legal challenge by John Hirst, who was jailed for manslaughter after killing his landlady in Berkshire with an axe.

Scottish Conservative justice spokesman John Lamont said: "This is another tough decision ducked by Labour in government and left to the Conservatives to mop up."