European Union Referendum Bill

Earl of Listowel Excerpts

Wednesday 28th October 2015 Lords Chamber

[Lord Blencathra]

There is a lot of detail there and it is a route that I dare not step down. Whatever language or terminology I try carefully to choose, I will inevitably offend someone somewhere. That is not a risk I wish to take. I simply say that the fact that one can get the pill at the age of 16—rightly so—is no justification for saying one should therefore have the right to vote.

I concluded with a list of all the things that Parliament has decided that people can do only when they are aged 18. Some sound so trivial, but if that is what Parliament decides, it is perfectly legitimate to say that the age of majority is fixed at 18 and that we should not lower it for the purposes of this referendum.

Just because young Scottish people aged 16 and 17 were enthusiastic, it is irrelevant to deciding on this matter. Politically, we know why the SNP Government lowered the age. It is because their private polling suggested that 16 and 17 year-olds would be twice as likely to vote for independence as for staying in the union. You can bet your bottom dollar—or your pound Scots—that if their private polling had been the other way around, the Scottish Government would not have lowered the voting age to 16. They would have kept it.

If these amendments are passed, accepted by the other place and become law, we will have 16 and 17 year-old Commonwealth and Irish citizens also being granted the right to vote, because they are included on the register. If some noble Lords’ amendments to include European citizens were passed as well, we would have 16 and 17 year-old children from European countries also being allowed to vote. If we get a close result with that scenario, I think a lot of British people would be outraged that a majority of 200,000 to 300,000, either way, had swung the vote, because of the inclusion of 16 and 17 year-old European, Commonwealth and Irish citizens. That is a rather dangerous route to go down. However, we may be able to talk about that later.

I oppose these amendments because the age of majority is 18. It should stick at that but if we want to change it we should do it in a general Bill relating to the franchise. We should then take a close look at all the other things that these 16 and 17 year-old children cannot do, because, if we lower the age of majority to 16, we should change the law on a whole range of things from buying knives to buying a pint.

[The Earl of Listowel (CB)]

My Lords, I feel passionately about this issue. I have been wondering why that is the case, especially as so many people that I respect hold exactly the opposite position to myself. Principally, it is because I have often seen, over many years, young people in care being allowed to make decisions that are not age-appropriate. A local authority will, quite commonly, offer a 16 year-old in care a flat of their own and a sum of money or the choice to stay with their foster carer. Many choose to take the flat and the pot of money. We are told that in many cases, drug dealers befriend and move in with them, or they cannot manage to meet the rent and they lose the flat. I spoke to a foster carer who said that her foster daughter was doing so well in school before a local authority offered her a flat of her own; now she is doing very badly in school and the carer does not know how she is doing in her flat. One of the reasons I feel so strongly about this amendment is that I am concerned about whether this is an age-appropriate decision—although clearly children are not going to harm themselves, in the way that children in care apparently can often be harmed by being giving decisions too early, in this particular case.

I listened with great interest to my noble friend. I have sympathy for his concern that this is a very long-term decision that we are coming to as a nation, which will affect the young people in question particularly. But I am afraid I disagree with him; I heard the speech of the noble Lord, Lord Tyler, differently. I respect the great depth of knowledge and the effort that the noble Lord, Lord Tyler, has put into this issue; I have heard him speak about it on many occasions. My sense, is that for him, at least, this is part of a project—not just an issue for this particular referendum Bill but more generally—to lower the franchise. I feel really concerned about that, although there are many people I respect who think it is the right thing to do. Some child development experts would agree with them, while others would be concerned.

There is concern about the impressibility of 16 and 17 year-olds. Some of your Lordships may remember the film “All Quiet on the Western Front”. It begins in a schoolroom, with a teacher talking to young people and enthusing them with notions of the greatness of their country and the importance of fighting for it. It then follows their careers in the Army. Your Lordships may remember that in the Chinese Great Leap Forward young people were targeted and used as the force for taking that forward. Your Lordships may also remember how effective, in the 1930s, some nations were at manipulating their youth to do things none of us would agree with.

There has been concern about growing nationalism across Europe and there are increasing pressures. Thankfully—and tribute should be paid to the Government and the coalition Government before them—we have avoided the serious unemployment which is a large contributory factor to this. But at some future date we may not be so fortunate. It concerns me that we are painting a target on the back of our young people by giving them the vote at the ages of 16 and 17. There are people who are very good at using the internet to manipulate people, and 16 and 17 year-olds, as we know, have been vulnerable to this in various ways.

I am also concerned about the wider ramifications for children around the country. Noble Lords have spoken from experience, which I cannot yet do, about their own children. Of course, many children will not have had the support that I hope your Lordships will have had—I hope I am not speaking out of turn. I am thinking particularly about the work the noble Lord, Lord Faulks, took forward recently during the passage of the Criminal Justice and Courts Bill. The noble Lord listened to the concerns of parents of 17 year-olds who had been held in custody in police cells. They were sometimes held over the weekend for two nights and, regrettably, a number of those young people had taken their own lives after that experience. The noble Lord listened to those concerns and acted promptly to change the law. I was pleased to learn, recently, that it had changed and that 17 year-olds in custody will be treated as children.

The last time that we debated this matter, Barnardo’s produced a briefing in which it sought to change the Children and Young Persons Act 1933. In that Act, the age of majority is 16 and Barnardo’s wanted to see it raised to 17. In aid of his approach, the noble Lord, Lord Tyler, put forward the argument that if you are old enough to marry and join the Army at 16, you should be able to vote. Others may say that if you are old enough to vote at the age of 16, you do not need to be treated as a child and can be put in a police cell at the age of 17. If you are old enough to vote at 16, maybe it is not so outrageous to have an age of criminal responsibility of 10—the lowest in Europe: I think the average age is 14. I am concerned from that angle.

I conclude with my concern about child development issues. These children are in the middle of adolescence, which is a very interesting period. I do not want to be too technical and maybe this will be quite obvious to most of your Lordships. Young children are very attached to their parents and to their siblings. In adolescence, they make a move from that attachment to an attachment to their peers and eventually to a romantic partner of their own. That is a huge change, which will play out in many different ways. Partly, they will react against their parents. Quite often they will take polar opposite views and values to their parents—for some time, at least. I can think of that in my own family history. My father grew up in a landowning family; he was an aristocrat. When he went to private school, he became the school’s only socialist, reacting very strongly against the ideals of his parents. He moderated over time.

We are not talking about young people voting Labour or not, but I worry that if we set this precedent it will be used on other occasions. Young people may be more likely to vote for Labour or the Liberal Democrats—parents tend to be more conservative, so their children may be reacting.

[Baroness Royall of Blaisdon]

Forgive me, my Lords, I did not understand the last point that the noble Earl made about Conservatives, Liberal Democrats and Labour. The noble Earl makes a very powerful speech, with which I disagree. Will he accept that there are many older vulnerable people who are just as open to persuasion from external forces as young people? The noble Earl will, like many of us, go into schools—with whatever scheme—and find young people who are absolutely able to withstand pressure and who are not vulnerable in that way. I would be grateful if he would explain the point about Conservatives and Labour because this has absolutely nothing to do with party politics. This is about empowering young people however they wish to vote. It is not about being in or out but giving them the ability to vote and determine their future.

[The Earl of Listowel]

I thank the noble Baroness for her intervention. I will make two responses, if I may. Yes, there are vulnerable elderly and middle-aged people—all kinds of vulnerability across different ages—but we recognise that childhood is a particularly vulnerable period and we have various protections for childhood to allow children to mature. Unfortunately, some do not mature. Some come from families with alcoholic or drug-taking backgrounds and it is difficult for them to move on and mature properly. But our starting point is that we should be protective of children.

To answer the noble Baroness’s question in another way, I was advised that prior to the last general election a caricature was sent out on the internet of the then leader of the Opposition. It was very powerful and it affected a lot of young people because it ridiculed the leader of the Opposition. I was told this by a mother. I can see how well that would work. That might have been sent to a load of 25 year-olds, but I suspect that a number of 25 year-olds might not be so impressed by a caricature of the leader of the Opposition as a 16 year-old might be.

I have probably spoken long enough. I see that there are very strong arguments on the other side. I have a lot of sympathy with hearing the voice of young people and involving them as much as possible, but I have concerns—

[Lord Hannay of Chiswick]

The noble Earl has made some very moving points about various aspects of the vulnerability of young people, but does he not accept that the matter we are debating now, which is whether or not they should have a vote in one referendum between now and the end of 2017, does not really link up with all those issues of contagion that he has referred to in other contexts? I understand perfectly well why it might be wrong to put 16 year-olds into flats of their own and give them a lot of money. Fortunately, it is a criminal offence to give somebody money to vote, so that will not happen. Perhaps he might consider whether the parallels apply across the whole board that he has sketched in with such passion.

[The Earl of Listowel]

I thank my noble friend for his intervention. I regret that I was not able to speak at Second Reading—what I have said is probably more of a Second Reading speech—but I have been involved in a lot of other business in the House.

My understanding is that the noble Lord is very clear in his mind that his intention with this amendment is to change the franchise specifically for this particular occasion. But I regret to say, and I have followed this debate about lowering the franchise several times, that my sense is that there is a large body of Members of your Lordships’ House who wish to expand the franchise much more widely and see this occasion as an important opportunity to proceed with that. One has heard many references this afternoon to the Scottish referendum as a justification for acting in this way. I think I have spoken long enough. I look forward to the Minister’s response.

[Lord Dobbs (Con)]

My Lords, a considerable amount of thunder has been generated by a debate which is actually quite subtle. There are no blacks and whites in this but a kaleidoscope of colours, and that is entirely appropriate when we are talking about young people who are just starting their adult lives.

My first political experience was as a 12 year-old when I was knocking up on election day and I had a bucket of water thrown over me. That was certainly an immersion in the political process, but I am not sure it gave me a right to vote at the age of 12. I have listened very carefully to this impassioned debate. I always listen very carefully to the words of the noble Lord, Lord Forsyth. I usually agree with him. The noble Lord, Lord Blencathra, made a passionate speech about why we should not give 16 year-olds the vote. My noble friend—I am not sure if he is here—Lord Borwick, of Hawkshead, made a passionate speech at Second Reading against giving votes to 16 year-olds. I have just listened to a very powerful speech by the noble Earl, Lord Listowel, about the matter, but I assure him that I do not believe that this is a matter of party politics. It is a matter of judgment which crosses all parties.

Like so many others, when I was campaigning up in Scotland, I was very impressed with the response and the seriousness of young Scottish voters. We older voters might actually learn a great deal from their example and their engagement. I am bothered by the fact that, although the coalition Government and the Prime Minister did not specifically approve votes for 16 year-olds, they did acquiesce in votes for 16 year- olds. So the question I am struggling with is: how can it be right to allow 16 and 17 year-olds to vote in a referendum on Scotland but not in a referendum on Europe? There has to be some sort of consistency. Perish the thought, but I actually find myself agreeing with much of what the noble Lord, Lord Davies, was saying earlier—I hope he will forgive me for that.

It is a matter of balance. When I think about it and when I see those who have been supporting votes for 16 and 17 year-olds, I may not lose only my balance but shall probably lose my sense of sanity as well—climbing into bed with the noble Lord, Lord Foulkes; it will have to be a very stout bed-frame to take both of us. I have no idea which way 16 and 17 year-olds might vote. Will they look up to that European ideal that impressed so many of us when we were younger, or will they simply do what so many other young voters in Europe have done and stick two fingers up at the establishment? I suspect that the establishment will be piling in to say, “You must vote to remain”. I do not know, but it does not matter. It comes down to a question of balance and judgment.

--- Later in debate ---

[Lord Hamilton of Epsom]

My Lords, I do not intend to delay the Committee for very long, but on many of the amendments that came before we have been led by the Electoral Commission. I remind my noble friend the Minister that the Electoral Commission has serious reservations about these amendments for logistical reasons. Perhaps I may read out its final paragraph:

“While the date of the referendum remains unknown, it will be difficult for EROs, the Electoral Commission and campaigners to plan activities required to target and encourage any newly enfranchised electors to register to vote”.

It has made quite a serious comment and I would very much welcome my noble friend’s views on it.

[The Earl of Listowel]

My Lords, I would like briefly to correct something I said earlier to the Committee. I think I implied that a party might see some political gain in these changes. That was quite incorrect and I am glad that the Committee pulled me up on it. I am sorry.