1 00:00:00,200 --> 00:00:03,239 Speaker 1: Cabinet has agreed to reinstate a total ban on prisoners 2 00:00:03,240 --> 00:00:05,800 Speaker 1: being allowed to vote in general elections. So in twenty 3 00:00:05,800 --> 00:00:07,920 Speaker 1: fifteen there was a High Court ruling that said a 4 00:00:07,920 --> 00:00:10,360 Speaker 1: blanket ban on prisoner voting was in direct opposition to 5 00:00:10,360 --> 00:00:12,879 Speaker 1: the Bill of Rights Act. Labor then allowed the prisoners 6 00:00:12,920 --> 00:00:14,920 Speaker 1: serving less than three years to vote from prison. But 7 00:00:15,120 --> 00:00:17,960 Speaker 1: Justice Minister Paul Goldsmith is going to overturn that. Graham 8 00:00:18,040 --> 00:00:20,439 Speaker 1: Edgler is a lawyer specializing in electoral law and is 9 00:00:20,440 --> 00:00:23,520 Speaker 1: with us now, Hey Graham, Hello, what do you reckon? 10 00:00:23,560 --> 00:00:25,239 Speaker 1: Is Paul Goldsmith doing the right thing? 11 00:00:27,200 --> 00:00:31,200 Speaker 2: I think probably not, mostly because of the randomness. You know, 12 00:00:31,240 --> 00:00:34,160 Speaker 2: if someone's got a life sentence or ten years or something, 13 00:00:34,200 --> 00:00:36,840 Speaker 2: they're going to miss out on voting elections. For someone 14 00:00:36,840 --> 00:00:39,960 Speaker 2: who's got maybe a one year sentence, then the question 15 00:00:40,040 --> 00:00:43,040 Speaker 2: of whether they actually get banned from voting turns on 16 00:00:43,280 --> 00:00:45,640 Speaker 2: or were they sentenced in twenty twenty three or twenty 17 00:00:45,640 --> 00:00:50,040 Speaker 2: twenty five. Did they spend nine months on remand waiting 18 00:00:50,080 --> 00:00:52,600 Speaker 2: for their sentence and then get sentenced, in which case, well, 19 00:00:52,640 --> 00:00:54,280 Speaker 2: if they were on remand, they got to vote, but 20 00:00:54,320 --> 00:00:56,680 Speaker 2: the person who was charged alongside them at the same 21 00:00:56,720 --> 00:00:59,720 Speaker 2: time who guessed the same sentence but who didn't have 22 00:00:59,720 --> 00:01:02,279 Speaker 2: to see of any on remand they won't be able 23 00:01:02,320 --> 00:01:05,000 Speaker 2: to vote because their entire sentence will be served as 24 00:01:05,000 --> 00:01:07,880 Speaker 2: a sentence rather than on pretrol remand And so when 25 00:01:07,880 --> 00:01:10,039 Speaker 2: you're dealing with the people on three years or less, 26 00:01:10,319 --> 00:01:14,000 Speaker 2: it's the randomness that makes it sort of unreasonable. This 27 00:01:14,040 --> 00:01:16,600 Speaker 2: person who got a two year sentence gets to vote 28 00:01:16,640 --> 00:01:18,919 Speaker 2: because they've got sentence at the right time in the cycle. 29 00:01:19,160 --> 00:01:22,160 Speaker 2: This person who got a six month sentence doesn't because 30 00:01:22,200 --> 00:01:24,679 Speaker 2: their sentence was a month before the election. And it's 31 00:01:24,720 --> 00:01:27,200 Speaker 2: sort of the randomness. It's not well, is it a 32 00:01:27,200 --> 00:01:28,960 Speaker 2: good reason for that person to be deed to vote, 33 00:01:29,000 --> 00:01:31,959 Speaker 2: but that person not. And that's why the three year 34 00:01:32,080 --> 00:01:34,399 Speaker 2: rule has some sort of sense to it. 35 00:01:35,480 --> 00:01:37,280 Speaker 1: How many of them do you recoonisit in they're going 36 00:01:37,319 --> 00:01:38,360 Speaker 1: this is so unfair? 37 00:01:40,560 --> 00:01:43,560 Speaker 2: Probably not many. And I don't know if all that 38 00:01:43,600 --> 00:01:44,880 Speaker 2: many people actually voted. 39 00:01:45,080 --> 00:01:48,040 Speaker 1: If they don't care, who cares well? 40 00:01:48,400 --> 00:01:51,040 Speaker 2: Who cares well? They're going to take more time of 41 00:01:51,120 --> 00:01:54,840 Speaker 2: Parliament to change the law. You know, it's gone back 42 00:01:54,880 --> 00:01:59,360 Speaker 2: to three years already. Yeah, you know, so it's like, 43 00:02:00,160 --> 00:02:03,360 Speaker 2: you know, people have got long sentences they're not getting 44 00:02:03,400 --> 00:02:06,000 Speaker 2: about the people you think, you know, the murderers, the rapists, 45 00:02:06,000 --> 00:02:09,720 Speaker 2: the whatever. You know. It's the people on short sentences, 46 00:02:09,880 --> 00:02:15,280 Speaker 2: that's the people we're arguing about. And do the people 47 00:02:15,280 --> 00:02:18,560 Speaker 2: who care enough really care that it's worth spending time 48 00:02:18,600 --> 00:02:21,919 Speaker 2: to do it really, given given the randomness that's involved, 49 00:02:21,919 --> 00:02:24,040 Speaker 2: and who gets what actually punishment. 50 00:02:24,560 --> 00:02:26,240 Speaker 1: It's one of these it's one of these debates where 51 00:02:26,280 --> 00:02:28,120 Speaker 1: it's kind of theoretical, and I take your point. It's 52 00:02:28,160 --> 00:02:31,279 Speaker 1: an interesting point to make, but that's about it. It's interesting. 53 00:02:31,440 --> 00:02:34,120 Speaker 1: I mean, if these guys don't actually care about voting, 54 00:02:34,400 --> 00:02:36,320 Speaker 1: and the rest of us are largely just cross with 55 00:02:36,400 --> 00:02:38,639 Speaker 1: them for being, you know, misbehaving, and we want to 56 00:02:38,639 --> 00:02:41,360 Speaker 1: punish them a little. But then if they don't actually 57 00:02:41,400 --> 00:02:43,799 Speaker 1: want to be able to vote, why would anybody argue 58 00:02:43,840 --> 00:02:46,560 Speaker 1: on their behalf? Just leave them to it? 59 00:02:46,600 --> 00:02:50,600 Speaker 2: I think just equally the other way around, though, you know, 60 00:02:50,600 --> 00:02:52,639 Speaker 2: it's the if you don't really like for some of them, 61 00:02:52,919 --> 00:02:55,800 Speaker 2: your argument, it's hard of being in it's part of 62 00:02:55,800 --> 00:02:56,680 Speaker 2: being in a community. 63 00:02:56,760 --> 00:03:01,040 Speaker 1: Haven't they lost that right by being by being naughty. 64 00:03:00,800 --> 00:03:03,440 Speaker 2: They've lost the right to be free. They haven't lost 65 00:03:03,480 --> 00:03:05,760 Speaker 2: all of the other Like, yeah, like, are there any 66 00:03:05,840 --> 00:03:07,720 Speaker 2: other rights that we want to deny them? Yeah, so 67 00:03:07,760 --> 00:03:09,440 Speaker 2: we're going to deny them the right to movement and 68 00:03:09,440 --> 00:03:14,079 Speaker 2: deny them to freedom, the you know, not not watch 69 00:03:14,120 --> 00:03:14,480 Speaker 2: the TV. 70 00:03:14,760 --> 00:03:18,160 Speaker 1: Don't get me started, because yes, I'd say, yeah, I'd 71 00:03:18,160 --> 00:03:19,760 Speaker 1: want to take their TVs off them, and I want 72 00:03:19,800 --> 00:03:21,840 Speaker 1: to take all the nice food that they have off 73 00:03:21,880 --> 00:03:23,600 Speaker 1: them and all of their clothes as well, and really 74 00:03:23,600 --> 00:03:26,000 Speaker 1: punish them properly. You know, there will be a lot 75 00:03:26,000 --> 00:03:28,560 Speaker 1: of people out there who actually think they have too 76 00:03:28,639 --> 00:03:30,480 Speaker 1: easy to go in jail, and so this is just 77 00:03:30,520 --> 00:03:31,960 Speaker 1: a tiny little punishment, isn't it. 78 00:03:32,760 --> 00:03:36,640 Speaker 2: The people they're thinking about when they think that, aren't 79 00:03:36,680 --> 00:03:39,800 Speaker 2: the people are getting six months or nine months Since 80 00:03:39,840 --> 00:03:41,960 Speaker 2: the people you think of, oh that's too easy or 81 00:03:42,000 --> 00:03:44,320 Speaker 2: something like that. It's the people who are getting life sentences. 82 00:03:44,360 --> 00:03:47,280 Speaker 2: The people who you're in for ten years for aggravated 83 00:03:47,360 --> 00:03:50,840 Speaker 2: robbery and wounding with intent and things like that. You know, 84 00:03:50,880 --> 00:03:54,360 Speaker 2: it's the people we're talking about are much much less 85 00:03:54,400 --> 00:03:58,240 Speaker 2: serious offenders because the law has always banned people for 86 00:03:58,320 --> 00:03:59,160 Speaker 2: three years or more. 87 00:03:59,240 --> 00:04:01,040 Speaker 1: I take your point, and I think you are making 88 00:04:01,080 --> 00:04:04,240 Speaker 1: some interesting points here. Actually, though, why is this even happening? 89 00:04:04,280 --> 00:04:06,320 Speaker 1: I mean, this is the thing that it wasn't a 90 00:04:06,320 --> 00:04:09,280 Speaker 1: point of discussion. What's in it for the NETS to 91 00:04:09,280 --> 00:04:09,560 Speaker 1: do this. 92 00:04:11,560 --> 00:04:14,600 Speaker 2: They're doing a bill anyway, so it's doing it as 93 00:04:14,600 --> 00:04:18,080 Speaker 2: a one off. They had the Election Review Selick committee 94 00:04:18,120 --> 00:04:20,520 Speaker 2: came back with a whole bunch of recommendations. The government 95 00:04:20,600 --> 00:04:23,200 Speaker 2: sort of accepted almost all of them. Some of them 96 00:04:23,200 --> 00:04:25,400 Speaker 2: are going to do straight away before the next election, 97 00:04:25,800 --> 00:04:27,320 Speaker 2: some of them are going to be a bit more work, 98 00:04:27,360 --> 00:04:29,640 Speaker 2: and maybe we'll look at down the line and this 99 00:04:29,800 --> 00:04:31,760 Speaker 2: is just going to get added to the list. And 100 00:04:31,880 --> 00:04:34,359 Speaker 2: the government put out the press release today because they 101 00:04:34,440 --> 00:04:36,360 Speaker 2: wanted the news story because they think it looks good 102 00:04:36,400 --> 00:04:38,919 Speaker 2: for them, and so you know, they could have announced 103 00:04:38,960 --> 00:04:41,479 Speaker 2: half a dozen other changes which no one would have 104 00:04:41,520 --> 00:04:43,880 Speaker 2: cared about, because you know, it's some election financier all 105 00:04:43,960 --> 00:04:46,920 Speaker 2: or something like that, which no one understands and most 106 00:04:46,920 --> 00:04:49,080 Speaker 2: people don't need to if you're not running a political party. 107 00:04:49,200 --> 00:04:50,960 Speaker 1: You're true. Hey Graham, listen, thanks for talking us for 108 00:04:51,120 --> 00:04:53,279 Speaker 1: to do. Appreciate it. This Graham July, human rights lawyer. 109 00:04:54,040 --> 00:04:57,240 Speaker 2: For more from Hither Duplessy Allen Drive listen live to 110 00:04:57,320 --> 00:04:59,760 Speaker 2: news Talks. It'd be from four pm weekdays. 111 00:05:00,120 --> 00:05:02,160 Speaker 1: Follow the podcast on iHeartRadio,