Elections Bill

Baroness Ritchie of Downpatrick Excerpts

Lords Hansard - Part 1 & Committee stage
Monday 28th March 2022 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I also pass on my best wishes to the noble Lord, Lord True, for a speedy recovery. Having had it myself fairly recently, I can say that it is a horrible illness.

I want to move on to the question of Northern Ireland and speak in favour of Amendment 156 in my name, which the noble Baroness, Lady Ritchie of Downpatrick, has signed. It would ensure that EU citizens lawfully resident in Northern Ireland can continue to stand for election and vote in Northern Ireland district elections after the end of the Brexit transition period. It is primarily a probing amendment, however.

In the EU-UK withdrawal agreement, the UK Government committed, under Article 2.1 of the Northern Ireland protocol, to ensuring that certain equalities and human rights in Northern Ireland would continue to be protected after Brexit. Does the Minister—I appreciate that he is filling in at rather late notice—agree with the assessment of the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland that the Bill as it stands risks stepping back from those commitments and may in fact be in breach of the UK’s obligations under Article 2.1 of the protocol? Will he undertake to set out, either in response to this amendment or in writing following this debate, the Government’s assessment of the relevant provisions of the Elections Bill in the context of their conformity with our commitments under Article 2.1 of the Northern Ireland protocol?

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I am delighted to follow the noble Baroness, Lady Suttie, in support of Amendment 156. I also pass on my good wishes to the noble Lord, Lord True, for a speedy recovery. I agree with the thrust of the amendments in this group; as a democrat, I believe in a fully functioning democracy in which all residents are allowed to register to vote, exercise their mandate at elections and be candidates in elections. That is what a functioning democracy is about. Universal franchise is vital in a liberal democracy and should be one of the hallmarks of the UK—free, fair and unencumbered elections.

Amendment 156, in my name and that of the noble Baroness, Lady Suttie, deals with that specific Northern Ireland situation. It is a probing amendment. We seek to delete paragraphs 7 to 9 from Schedule 8, which would ensure that all EU citizens lawfully resident in Northern Ireland continue to be able to stand as candidates and vote in district council elections in Northern Ireland.

I was a councillor in Northern Ireland for many years, as was the noble Lord, Lord Dodds, across the Chamber. We valued our time in local government as a learning curve. Many of those who participated in those elections and many new residents in Northern Ireland would also value that participatory part of democracy, in voting in district council elections and having the ability to be a candidate. I can think of a colleague in Derry and Strabane District Council, who is originally from Kenya, and is now a serving councillor.

This section does not apply to British and Irish citizens; it applies to EU citizens who have arrived to reside in Northern Ireland since January 2021 and whose country does not have a reciprocal agreement with the UK. I remind your Lordships, and particularly the Minister, that this is in some ways reminiscent of the “I” voter situation in Northern Ireland, which was removed by the Elected Authorities (Northern Ireland) Act 1989, when everybody in Northern Ireland was granted universal franchise. I remind the Minister that elections and the right to exercise one’s franchise are very emotive issues in Northern Ireland. Please do not go down this road and create further problems with other EU nationalities and create barriers on the island of Ireland. It is highly important that that does not happen, because this is an emotive and politically charged issue, as it deals with EU citizens and excludes them; it could be perceived as a discriminatory provision.

The noble Baroness, Lady Suttie, referred to the equality and human rights commissions in Northern Ireland, which are concerned that this provision of the Elections Bill could contravene Article 2 of the Ireland/Northern Ireland protocol, which states that there must be

“no diminution of rights, safeguards or equality of opportunity”

provisions, as set out in the Good Friday agreement, resulting from the UK’s withdrawal from the EU. It could be perceived that this provision, within paragraphs 7 to 9 of Schedule 8 to the Bill, could contravene those rights under Article 2 of the protocol. If passed into law, this provision would create two new types of EU citizenship for the purposes of UK elections law—a qualifying EU citizen and an EU citizen with retained rights—in addition to the EU citizens who do not fall into either of these categories.

The right of EU citizens to vote in local district council elections in Northern Ireland was underpinned by EU law until the end of the transition period. I declare an interest as a member of the Protocol on Ireland/Northern Ireland Sub-Committee in your Lordships’ House. We have engaged with Minister Burns, a Minister for the Northern Ireland Office in the other place, on this issue and we have received a response. An identical response was received by the equality and human rights commissions.

In my humble view, so far in those responses the Government have still not set out in full their assessment of the relevant provisions of the Bill in terms of compliance with Article 2. Will the Minister do that today? If that is not possible, will he write? It is most important that that is done to satisfy the concerns of both commissions.

Further, will the Minister and his colleagues commit to meet both commissions in Northern Ireland, either via the Cabinet or the Northern Ireland Office, to discuss Article 2 provisions under the Ireland/Northern Ireland protocol and how this contravention and these issues can be addressed to ensure that there is a full, participatory democracy that excludes nobody and includes all?

Elections Bill

Baroness Ritchie of Downpatrick Excerpts

Lords Hansard - Part 2 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Lord Stunell (LD)]

My Lords, Amendment 44 is in my name and that of the noble Baroness, Lady Bennett of Manor Castle. The question of the franchise and of entitlement has surfaced in the course of these debates. It is clearly an important matter which could do with elaboration. However, rather than launching out on that at this time, I just make one point to the noble Lord, Lord Hodgson. The right to vote is certainly entirely different from the right to have a driving licence; for one thing, you do not have a right to a driving licence, as you must sit and pass a test. If you, as a foreign national, want to be a British citizen you must sit and pass another test. However, most of the 47 million on the current electoral roll have not had to sit and pass any test. It is their entitlement to be on the register, as it is the entitlement of other UK citizens not on the register.

Amendment 44 is looking at those who in fact have a right of permanent residence in this country, but do not have the right to vote because they are not British citizens. Therefore, this is about enfranchisement of those who are not British citizens. They are people with

“the right of abode … settled status under the EU Settlement Scheme … indefinite leave to enter … or … indefinite leave to remain in the United Kingdom”.

These people will be in receipt of local government services during the whole of their time in the United Kingdom. If they are property owners, these are people who will contribute to council tax their whole time in the United Kingdom and to taxation of all sorts, some of which—not enough—filters its way back to local government as well.

It is entirely appropriate for them to have the opportunity to play an active part in the distribution and provision of services and in the application of local government taxation. On this simple basis, those with a lifelong residence in this country, who are both receiving and contributing to the payment of local government services, should have the opportunity to participate. They should be able to contribute significantly to the way in which these resources are used and applied.

This is a straightforward, self-contained amendment which I hope is, to a large extent, self-explanatory. Unfortunately, in the light of the debate so far, I cannot believe that the Minister will be terribly sympathetic to it. It is part of a much wider discussion that we in this country need to have about the nature of citizenship and participation. We need to discuss the way in which we see the evolution of our democracy as we become, over future years, an ever more diverse nation with an ever more diverse population.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, Amendment 44A, in my name and the name of my noble friend Lord Murphy, deals specifically with the Northern Ireland situation. The noble Baroness, Lady Suttie, raised this in Committee, eight or nine days ago.

The basic purpose of this amendment is to seek to delete paragraphs 7 to 9 of Schedule 8. This would ensure that all EU citizens lawfully resident in Northern Ireland can continue to stand as candidates and vote in district council elections there. Obviously, this does not apply to British and Irish citizens; however, it does apply to other EU citizens who have arrived to reside in Northern Ireland since January 2021 and whose country does not have a reciprocal agreement with the UK.

This is reminiscent of the “I” voter situation in Northern Ireland which was removed by the Elected Authorities (Northern Ireland) Act 1989 when universal franchise was granted in Northern Ireland. This particular set of amendments deals with this important democratic issue of the extension of the franchise to all and ensures that this important principle is adhered to.

I would gently say to the Minister that elections and the right to exercise one’s franchise in Northern Ireland are emotive issues. The Government should not go down the road of creating problems with other EU nationals. In many ways, this would recreate a border again on the island of Ireland. It is highly emotive and politically charged, as it deals with EU citizens and excludes them from the right that they had to vote and to stand in council elections.

As a Minister in the Northern Ireland Office in 1998, my noble friend Lord Murphy was one of the principal negotiators in ensuring that both the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission were set up under the Good Friday agreement. Under the Northern Ireland protocol as negotiated by the UK Government with the EU, both commissions were given responsibility for—shall we say—managing Article 2 of the protocol, which deals with the rights of individuals. Article 2 states that there must be no diminution of rights, safeguards and equality of opportunity provisions, as set out in the Good Friday agreement, resulting from the UK’s withdrawal from the EU.

If passed into law, this provision in the Bill will create two new types of EU citizenship for the purposes of UK election law—a qualifying EU citizen and an EU citizen with retained rights—in addition to a category of EU citizens who do not fall into either of these categories.

--- Later in debate ---

The removal of voting and candidacy rights for EU citizens arriving after the end of the implementation period is a direct result of the reality of our changed relationship with the European Union. We have left the European Union but we have not left the Commonwealth. As such, the Government cannot support these amendments.

[Baroness Ritchie of Downpatrick (Lab)]

Before the Minister sits down, will he take on board the request I made that an appropriate Minister—I see a Minister in the margins of the Chamber from the Northern Ireland Office—from either the Cabinet Office or the Northern Ireland Office meet both commissions to deal with their specific issues? The written correspondence has not resolved the issues for them. A meeting either via Zoom or face-to-face would assist in this particular process because of the delicate issues to do with Article 2.1 of the Northern Ireland protocol, which puts them and this particular issue into a different category.

[Lord True (Con)]

My Lords, I said that officials had and will continue to have engagement. I also said that I would make sure the noble Baroness’s comments and the comments of the noble Lord, Lord Murphy, were referred to colleagues. I hope the noble Baroness will understand that, as I am not a departmental Minister with direct responsibility for the Northern Ireland protocol, I cannot make a specific commitment beyond that which I gave in my speech and I repeat in response to her intervention. I assure her that her comments will be relayed to my appropriate colleagues.