European Union Referendum Bill

Debate between Lord Faulks and Baroness Royall of Blaisdon

Wednesday 18th November 2015 Lords Chamber

[Lord Faulks]

Let me turn to something that may excite the party opposite slightly less, which is the question of what may happen in practical terms if there is a change of franchise. The noble Baroness, Lady Morgan, said that with a fair wind these matters could easily be accommodated—I hope that she will forgive me if I summarise what she said. The noble Lord, Lord Tyler, was, I think, suggesting that I had in some way misquoted the Electoral Commission, but I do not think that that is a fair accusation. Let me make entirely clear what the Electoral Commission said in its publication yesterday. The commission states that it is not the case that there must be a 12-month period between a change to the franchise and the referendum, or indeed any fixed period. Reports in the media that refer to the 12-month period are incorrect.

I ask the House’s indulgence while I quote accurately one paragraph from that publication:

“It is important that Parliament is aware that if the annual canvass does not fall before the electoral event that a franchise change applies to, a key opportunity is missed to get the new group of voters registered. This does not mean, however, that other options are not available to help get as many voters as possible on the register in the available timeframe. Although the scale of the challenge presented by some of these options should not be underestimated—and it must be borne in mind that every voter is now required to register themselves individually—this does not mean that steps cannot be taken to reduce the risks presented by them with proper planning and funding”.

[Baroness Royall of Blaisdon (Lab)]

I just want to ask a factual question. Can the noble Lord say whether or not the annual canvass could be brought forward? I have no idea.

[Lord Faulks]

I have no idea of the answer to that question. The Electoral Commission will no doubt do its best, as I said in Committee, to follow what Parliament decides should be the franchise. It is also the case that, once the Bill receives Royal Assent, there are things that can be done, notwithstanding that there are various steps necessary to implement the legislation; for example, setting the referendum date and the start date. It is a very considerable undertaking involving a great many people.

I echo the point made my noble friend Lord Forsyth that being left off the register is considered a matter of considerable importance. Although there can be a campaign to increase awareness, there is a real risk that this matter would not be achieved in a satisfactory way, notwithstanding the willingness of the Electoral Commission to assist.

Legislation as momentous as this must command consensus in both Houses and the country as a whole. Reference was made to a recent amendment voted on in this House to the Cities and Local Government Devolution Bill to allow 16 year-olds to vote: that was reversed by the House of Commons yesterday by a substantial majority.

A change of this sort needs substantial legislation; it is a very important change. We have decided that the appropriate franchise is the one that has pertained satisfactorily in previous referenda and general elections, one that pertains in every country in the EU except Austria. There may come a time for change, when we lower the age to 16. There may be a debate to be had. This is not the moment for that debate.

European Union Referendum Bill

Debate between Lord Faulks and Baroness Royall of Blaisdon

Monday 2nd November 2015 Lords Chamber

[Lord Faulks]

The date of the referendum is of course unknown. No doubt the Electoral Commission will fulfil whatever the existing legislative obligation requires it to do. It may require a great deal of energy and expenditure, and while I am not saying from the Dispatch Box that it would be impossible, one should not underestimate the complexities involved in the process.

The noble Lord, Lord Shipley, said in effect that he is concerned that there was some form of delay by the Government. Perhaps I may reiterate that the Government are committed to scrapping the 15-year rule and they are currently considering the timetable to do this. The date of the referendum is not known, so I am afraid that I cannot make any commitment that votes for life will be in place in time for the referendum. However, we should remember that many British citizens living abroad will be eligible to participate in the referendum vote.

[Baroness Royall of Blaisdon]

My Lords, forgive me, but I am bound to ask this. The Minister has cited the complexities of introducing new legislation, which I accept entirely. But knowing of the complexities involved and the organisational challenges mentioned by the noble Lord, Lord Dobbs, and knowing that we are going to have a referendum, why was the legislation to extend the franchise to all citizens living abroad for the forthcoming elections not introduced as one of the first Bills of this parliamentary Session?

[Lord Faulks]

The Government have their priorities and a considerable amount of legislation has been introduced, some of which has moved fairly slowly through your Lordships’ House. I cannot speak for the Government’s assessment of their priorities. This is an important matter and it will no doubt take its place in due course.

The noble Baroness, Lady Royall, suggested that the Government’s enthusiasm for UK citizens having a vote outside the EU might be motivated by their apparent desire to vote Conservative. As I have said consistently from the Dispatch Box, we have no idea how people would vote, whether they live in the EU or outside it. The Government are simply not concerned with trying to second-guess anything. They are concerned only with legitimacy—here, I agree entirely with the noble Baroness—that people feel there has been no manipulation and no sense that there has been an attempt to skew the result, however illegitimate they might think it was. We suggest that the best criterion is to have the Westminster franchise. Of course, I am sympathetic to much that lies behind the amendment, having regard to the Government’s commitment in respect of votes for life.

I should finally point out that many British citizens living in the EU and elsewhere in the world will be able to vote in the referendum as long as they have not been living overseas for 15 years or more. The parliamentary franchise already allows them to vote. So while I am sympathetic to the amendment, I do not believe that this is the time or place to make those changes.

European Union Referendum Bill

Debate between Lord Faulks and Baroness Royall of Blaisdon

Wednesday 28th October 2015 Lords Chamber

[Lord Faulks]

Although it is tempting to go down that route and describe the cause or causes of the door being open—I was not in any position to argue that matter then—I think that we should return to the basic fact that, after careful consideration, 18 was considered the right age. Of course the noble Lord, Lord Kerr, is quite right: there is an element of arbitrariness about whatever age you choose. The question is: is it an age which has, by and large, received approval and consent? Yes it is. Of course that does not mean that this is the last word on the subject; people will differ about these things. There will be people who think that 21 was the right age and it should never have been lowered to 18.

Noble Lords will know that the power to determine the voting age for Scottish Parliament and local elections in Scotland was devolved to the Scottish Parliament, and the Scottish Parliament decided to lower the voting age to 16 for those elections. The Government have responded to requests to increase the powers of the devolved Administrations and will soon devolve similar powers to the Welsh Assembly.

Devolution, by its very nature, gives rise to the possibility of different laws applying in different parts of the United Kingdom. It does not mean that we must harmonise our differences. The fact that people may do certain things in Scotland aged 16—get married without parental consent, formally change their name, access their birth records if adopted—does not mean that the same rules must or should apply across the United Kingdom. One of the advantages of devolution is the capacity of different parts of the United Kingdom to make these choices.

More specifically, what about the precedent set by the Scottish independence referendum? The decision was made by the Scottish Parliament that whoever opened the door would decide on the franchise. It is right that decisions about the franchise for elections and referendums that affect the whole of Great Britain and Northern Ireland are made by this Parliament. As I said, decisions of the Scottish Parliament do not and should not prevent Parliament from taking a different decision.

The Government do not think that this is the right vehicle, as my noble friend Lord Higgins pointed out so cogently. Any change to the entitlement to vote must to be considered properly and fully in specific legislation. I gave some examples where the law places restrictions on 16 and 17 year-olds. Any proposal to lower the voting age must be carefully examined in that overall context.

[Baroness Royall of Blaisdon]

My Lords, I hear what the Minister says; indeed, in another place, the Foreign Secretary himself said that this was an argument for another day. Could the Minister assist me by saying whether, over the course of this Parliament—in the next four or five years—the Government might consider a change to the franchise?

[Lord Faulks]

I am not privy to all the Government’s thinking, but, no, I do not understand that that is on the horizon. Any proposal must be examined carefully: we cannot change the voting age and simply assume that it will have no implications for other areas where our law and our society treat 16 and 17 year-olds differently from their 18 year-old counterparts.

Noble Lords will wish to reflect on how this change would look to the public. I have no idea how 16 and 17 year-olds—were they to be given the vote—would vote. A number of people might guess and they might well be wrong. The noble Lord, Lord Tyler, said, in an exchange with my noble friend Lord Tebbit, that he thought that 16 and 17 year-olds were more likely to use their vote better than my noble friend Lord Tebbit. I am not quite sure what that said. Nor do I know how 18 and 19 year-olds are likely to vote. It is possible that a change in the franchise of such a radical nature—this is a radical change—will be perceived, rightly or wrongly, as some sort of attempt to affect the result of the referendum. We are anxious as a Government that, whatever the result of the referendum, the legitimacy of the process cannot be questioned. The safest way of doing that is to stick to the Westminster franchise and leave the vote at 18.

The noble Lord, Lord Wallace of Saltaire, who is not currently in his place, made a valiant attempt to say that we have opened the door by allowing Peers to vote or by the minor adjustment in Gibraltar. We are talking about millions; we are talking about a radical change. It is a change that not only would be radical, but would have the potential to affect timing. I am grateful to my noble friend Lord Hamilton for referring to the report of the Electoral Commission. Quite rightly, the commission did not offer a view on 16 and 17 year-olds, but it did, in addition to the paragraph to which he referred, say:

“The Commission’s view is that any changes to the franchise for the referendum on the UK’s membership of the European Union should be clear in sufficient time to enable all those who are eligible, to register and participate in the referendum”.

The noble Baroness, Lady Morgan, said, “Well, we could accelerate the process having regard to the fact that so many young people are aware of social media and could be brought up to speed with the issues”. However, as I understood the debate yesterday about registration, it was so important that we did not rush the procedure because people might be left off. It was far too important a matter to in any way accelerate. Therefore, if it affects the timing, which I understand to be very important in a number of contexts, that is a relevant factor. However, the crucial argument is that this is not an appropriate moment to make that change. In all those circumstances, I ask noble Lords not to press their amendments.