European Union Referendum Bill

Alex Salmond Excerpts

Thursday 18th June 2015 Commons Chamber

[Tom Tugendhat]

The hon. Lady makes an interesting point, but I would argue to the contrary: the right of citizenship in this kingdom is so great that the price of £1,005 is but a small price to pay for the benefit of being British.

Citizenship is not a common law right: there is no common law marriage, common law contract or common law citizenship. It is, therefore, no more the right of this House to bounce people into citizenship than to bounce them into any other form of contract. The proposal seeks to push people into a deal that would change their relationship to this country without their having chosen to do so.

I know that for a fact, because my wife, who could, should she wish, begin the process of citizenship, chooses not to do so. She is—and there is some debate about this—proud to be French. She is—again, there is some debate about this—unwilling to become British. My argument is that becoming British is such a great honour that, even as a French woman, she should appreciate the joys it offers.

[Alex Salmond (Gordon) (SNP)]

Most of the English aristocracy were French at one time in history. The hon. Gentleman’s wife is not going to be bounced into anything. If European nationals get the right to vote because of residency, there is no compulsion on his wife voting.

[Tom Tugendhat]

The right hon. Gentleman may say that he is not bouncing anyone into anything, but he is seeking to change the social contract between citizens who have specifically not chosen to be British and citizens who are British. In changing that contract, he would bounce people who have not made that choice into a relationship with the state that they do not wish to have. If he wishes to do so at a regional level—

[Alex Salmond]

Great nations!

[Tom Tugendhat]

I accept the correction and I apologise.

--- Later in debate ---

[John Penrose]

I refer the hon. Gentleman to the comments made by the right hon. Member for Wolverhampton South East (Mr McFadden). There is a degree of symmetry here and it would be bizarre indeed, as my hon. Friend the Member for Torbay (Kevin Foster) pointed out, to allow 16 and 17-year-olds to vote on an issue of such national importance when they cannot vote on their local council and on who collects the bins. This needs to be done on a broader basis, and I shall come on to that point in a minute.

Hon. Members have also said that young people are engaged and politically active. That is absolutely true, but it is also true of many 15-year-olds and not of some 50-year-olds. Political engagement is not a strong enough justification in and of itself for giving or denying the vote. Another argument that we have heard is that people can marry or join the Army at 16, and we have heard of a series of other activities that can or cannot be done at 16, 17, 18 or 21. I think the examples given included driving steam tractors. The important point is that in this country we have always viewed attaining adulthood and majority as a process rather than an event. It is not neat—I do not think it can be—and it varies from person to person and by activity to activity. If we want to compare different activities, the list on the parliamentary website that has been mentioned of things that are allowed at 16, 17, 18 or otherwise includes body piercing and having a tattoo at 18. I do not think that those are necessarily fruitful or relevant comparisons. We need to accept adulthood as a process, not an event, and that it is therefore tricky to deal with.

A number of my colleagues have said that they agree with, or are at least sympathetic to, the principle of votes at 16, but are concerned that it should not be done just for this election. I agree with that point. Many Members, such as my hon. Friends the Members for Warwick and Leamington (Chris White), for Norwich North (Chloe Smith), for Colchester (Will Quince), for South Suffolk (James Cartlidge), for Eastleigh (Mims Davies), for Torbay (Kevin Foster) and for Bath (Ben Howlett), felt the same way and said that this is an important decision that needs to be taken for the franchise as a whole rather than for an individual election. I believe that that is right and I do not believe that this Bill is the right place to make significant changes to the franchise.

[Alex Salmond]

Is it not reasonable to make the case that if the Scottish Parliament, Government and the then First Minister had not legislated to allow 16 and 17-year-olds to vote in the Scottish referendum, the current Scottish Administration would not be in a position to legislate for 16 and 17-year-olds to vote in next year’s Scottish election? Is it not time to start the process?

[John Penrose]

I am coming to the timing in a minute, if the right hon. Gentleman will allow me.

Although I do not think that this Bill is the right place to make significant changes to the franchise, the debate on the voting age is important. The Prime Minister himself has said that he thinks that it is right that it should take place, but making a change on this scale for a single specific vote will simply invite criticism that we are choosing a franchise that has been deliberately skewed for a low and partisan party political advantage. It is far better to hold the debate when the long-term question of votes for 16 and 17-year-olds at all future elections can be properly and soberly debated, and a moment’s glance at the Conservative party’s election manifesto, something that I am sure is bedtime reading for everybody on the Opposition Benches, will show that there should be opportunities to do just that during the course of this Parliament.

I now come to the amendments proposed by my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips)—I am never sure whether that is pronounced “Hickham” or “Hikeham”, and I apologise to his constituents if I have mispronounced it. He asks why the Bill does not enfranchise Irish citizens resident in Gibraltar. It is extremely hard to identify Irish citizens in Gibraltar on the voting register, and it is not something that is done currently. At present, we do not have agreement from the Government of Gibraltar to do that, because it would clearly impose duties and work on them. It is also true that no one is quite sure how many Irish citizens there are in Gibraltar, although most estimates are pretty low. Although I cannot predict the outcome, I promise my hon. and learned Friend that we are already discussing the matter in some depth with the Government of Gibraltar and will continue to do so.

My hon. and learned Friend also asked about the definition of Commonwealth citizens. For the purposes of elections, schedule 3 to the British Nationality Act 1981 sets out the list of relevant countries. Two are not currently members of the Commonwealth, and citizens of those countries would be affected by the amendment. The first is The Gambia, which withdrew from the Commonwealth in October 2013. The Government have not yet removed The Gambia from the list of countries in schedule 3, but will do so at the next suitable opportunity. Once we have made that change, citizens of The Gambia will no longer have Commonwealth voting rights. Crucially, the second is Zimbabwe, which left the Commonwealth in 2003. At the time, the Government decided to maintain Commonwealth rights for Zimbabwean nationals, based on the view that Zimbabwean people should not be punished for the actions of a Government that the UK did not consider democratically elected. Given our serious concerns about the 2013 elections in that country, this view remains.

Amendment 52 deals with votes for life. I think the hon. Member for Ilford South is trying to be helpful by tabling an amendment that is closely in line with my own party’s manifesto, and I thank him for that. I am not sure how his party’s Front Benchers feel about it, but he has not let that stop him and I salute his courage and determination. I am now hoist on my own petard, though, because having made the argument that this is the wrong Bill through which to deal with 16 and 17-year-olds voting, I must abide by my own logic on this point. However, I can give the hon. Gentleman the same assurance as I gave my hon. Friends, including my hon. Friend the Member for Totnes (Dr Wollaston), who was worried that we were kicking the question of 16 and 17-year-olds voting into the long grass. There will be opportunities in this Session of Parliament to vote on the matter, because we will be introducing our own Bill on votes for life, which will apply to all franchises, to make sure that British citizens who live abroad who are not currently able to vote and exercise their democratic rights, even though they are citizens of this country, are able to do so. I look forward to having the hon. Gentleman’s support, even if not that of those on his Front Bench, on that very important matter.