European Union Referendum Bill

Debate between Lord Hannay of Chiswick and Baroness Miller of Chilthorne Domer

Wednesday 18th November 2015 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, these amendments seek to extend the Westminster franchise to those British citizens who have lived in the EU for more than 15 years. This extension to the franchise is an exception in the same way that the Bill allows for Members of your Lordships’ House to vote in the referendum.

In Committee, we heard many examples of why these British citizens should be enabled to vote in the referendum. I will not repeat all of them but simply remind the House that many in this currently excluded group have spent the whole of their working lives working for Britain. Many receive government pensions as they were soldiers, nurses or civil servants and so they pay UK taxes. In Committee, one of the points made—which was conceded even by those who seem to oppose this amendment—was that there should be no taxation without representation.

Many other people working in the EU are there because they are flying the flag for Britain. They have been encouraged by successive Governments of this country to expand their careers and look to the EU. For some this started when they were at university, with the Erasmus scheme getting them to spend time at EU universities, and for others it is because the UK has developed partnerships with firms such as Airbus. So Governments have encouraged British citizens to look on the whole of the EU as a place to study, work and live, and they cannot now pull the rug from under their feet. They should at least give them a say in whether that rug is pulled.

In Committee, some noble Lords could not understand why being a British expat in the EU is different from being an expat in, say, Singapore or Australia. As the noble Lord, Lord Anderson of Swansea, put it so succinctly, it is because of the network of arrangements upon which our citizens relied when they made their choice to live and work in the EU.

When I reflected on the Government’s response in Committee, I could not understand why they are not keen to enfranchise this group of citizens. I am glad to see the noble Baroness, Lady Royall, in her place because she asked a very important question. If the Government believe it is right for British citizens to vote in future general elections, as announced in their manifesto, why is it not right to give these people a vote in a referendum that will have a greater impact on their lives than a general election? The noble Lord, Lord Lexden, rightly said that it will be incomprehensible to our fellow citizens living abroad that a manifesto commitment cannot be implemented, by one means or another, to participate in a vote of such overwhelming importance.

When I reread the proceedings of the Committee stage, the only arguments I could find were from the noble Lord, Lord Dobbs, who said that the Electoral Commission would not know where the expats lived or who they were. However, the answer is that if you want to enfranchise them, they will apply for a franchise—they have passport numbers, national insurance numbers and fixed addresses—and, after all, those who have lived in the EU for 14, 13 or 12 years can register. It is only those above 15 years who cannot. Surely the Government would not deny such people the right to vote simply on that basis. It cannot be that difficult.

The noble Baroness, Lady Morgan of Ely, seemed to be against this exceptional franchise because she does not want to set a precedent for votes for life, which her party is against. I say to her that this enfranchisement is exceptional and should not set a precedent. The noble Baroness used the phrase about those working in the EU flying the flag for their country. I am sure she believes that and I wonder whether she might soften her position.

In replying for the Government, when it came down to not wishing to agree with the amendment, the Minister said that he was simply concerned with legitimacy. He wanted no sense that there had been an attempt to skew the result. He felt that the “safest way” to do this was to stick with the Westminster franchise. We should be looking not at safety but at the fairest way. In any case, we are not sticking with the Westminster franchise because we have already made a couple of exceptions. The Government have accepted them and they are in the Bill.

All I am asking for here is that those who have lived in the EU for more than 15 years can join with those who have lived there for a shorter time, and that for the referendum they may exceptionally have the right to vote on a really important matter for this country and for them. I beg to move.

[Lord Hannay of Chiswick (CB)]

My Lords, I rise to support the amendment moved by the noble Baroness, Lady Miller of Chilthorne Domer. We had a good debate about this in Committee and I think we established rather clearly that there is in fact no difference of principle on this matter between those who supported the amendment and the Minister who opposed it. His party has a manifesto commitment, which I am sure it is going to fulfil, to introduce legislation in this Parliament to give the vote to precisely the people we are talking about; that is, people who have been living abroad for more than 15 years. Admittedly, he is going to do that erga omnes and not just for those in the European Union, but there seems to me to be no difference of principle between us.

Nor does this amendment cross in any sense the line that has been frequently prayed in aid in previous debates—that this is a referendum which British people should be deciding. These people are British. They hold British passports and they are our citizens. The reason to give them the vote is that we are having a referendum which could fundamentally affect a large amount of the way in which they live. It could affect their healthcare arrangements, their ability to travel freely, their social coverage, their jobs and the way their children are treated. This is a huge range of things that could and will be affected if by any chance—mischance, in my view—the electorate votes to withdraw from the European Union. Yet the Government, who want these people to have the vote and believe that they are rightly going to be given the vote under their own proposals to be brought forward later in this Parliament, feel that they should not have it in the one vote which they really mind about. They are probably not all that interested in voting in our parliamentary, municipal and other elections, but they jolly well are interested in this referendum because their interests are at stake.

It would be really good if the Government could take a deep breath and say, “Yes, we agree that these people should have the vote because that is what our manifesto says, and we agree that this referendum vote matters more to them than anything else”. The Government have been saying for years now that the people must have their say. Did they really mean to exclude British citizens living elsewhere in the EU from having their say when their interests will be affected? I hope that we can move ahead with the amendment. Not only does it have logic and consistency on its side—two qualities which were given a rather hard time in the previous debate—it has common sense on its side as well.