Prisoners will be able to vote in a Holyrood by-election later this month – before the controversial law change has been passed by MSPs.
The emergency decision was made by the SNP Government to ensure that the poll in Shetland on August 29 meets human rights legislation.
Constitutional Relations Secretary Michael Russell said it will apply to inmates serving one year or less. It’s estimated just five prisoners will be eligible to vote – if they decide to register.
Russell said: “The courts have been crystal clear – the blanket ban on prisoner voting is not compliant with the European Convention on Human Rights.
“Whether people agree with that or oppose it, one thing everyone should agree on is that elections must be compliant with the law.”
Tory equalities spokeswoman Annie Wells said: “This ill-judged move opens the door for prisoner voting more generally.”
Voting rights were given to about 100 inmates in England and Wales released on “temporary licence” in 2017.
Powers over the franchise for Scottish Parliament elections were devolved at the same time and MSPs are supposed to debate the formal legislation when they return from summer recess.
But the decision by Lib Dem MSP Tavish Scott to quit his seat triggered the by-election.
The temporary rule change will be scrapped after the by-election.
A Holyrood committee has already backed the long-term change, which is likely to pass despite Tory opposition.
