European Union Referendum Bill

Debate between Baroness Young of Old Scone and Lord Blencathra

Wednesday 18th November 2015 Lords Chamber

[Lord Blencathra (Con)]

My Lords, perhaps I may step into the lion’s den and say that I strenuously oppose these amendments and believe that we should stick with the current age of majority of 18.

Two arguments have been advanced by the proponents of 16. The first is that this decision may last for another 40 years and will affect a whole generation of young people. That is true. However, in that case, should we not push the age down so that people younger than 16 and 17 can vote, because it will also greatly affect 15 year-olds, 14 year-olds, 13 year-olds and 12 year-olds? There is an argument that it could go down to as low as 10. I am not suggesting that it should, but if one adopts the logic that this decision affects young people disproportionately and that young people should have a say, at 10 years old they have reached the age of criminal responsibility and, if we can assume that from that age onwards they have that reasoning ability, there may be no reason why they should not be able to vote. Logic dictates that there is nothing magical about lowering the age to 16 and sticking at 16.

The second argument is that young people are much more mature these days: they are more sophisticated; they understand politics and the world; and they would be enthusiastic voters. I do not deny their enthusiasm but that is not a good enough ground per se for extending the franchise. If we change the voting age based on maturity, I suspect all the behavioural experts would give the vote to girls at age 10 and to boys at age 25. Making a judgment on who is mature enough to vote is more subjective than picking an arbitrary age.

However, my main objection is that everything we have done in Parliament over recent years has involved raising the age at which young people can do things because we, in this House and in the other place, have concluded that under 18 year-olds cannot be trusted to do things on their own and do not have the maturity to make decisions. With the assistance of our wonderful Library, I have looked at the minimum ages we have set for young people to do certain things. This is in accordance with English law, I stress. Those who favourably quote Scotland should be aware that Scots law has traditionally permitted young people to do some things at an earlier age, such as marry without parental consent. That is perhaps one reason why lowering the voting age in Scotland was not such a big issue.

We know that young people under 18 can marry in England only with parental consent.

[Baroness Young of Old Scone (Lab)]

Perhaps I may ask the noble Lord one simple question: what arguments and rationale is he going to use when explaining to the young people of Scotland aged between 16 and 17 that they are not going to be able to vote in this referendum, when they have voted previously? I would like to hear the persuasive arguments he is going to use with these young people.

[Lord Blencathra]

They did not have the right to vote in a referendum previously. They may have the right to vote in Scottish elections but this is a United Kingdom referendum. I would be quite happy to explain to young Scots that while they may have the right to vote in Scotland, it does not automatically follow that they have the right to vote in a United Kingdom election.

No one under the age of 18 can gamble: we passed that law in 1934. No one under 18 can get a tattoo: we passed that law in 1969. No one under 18 can serve on a jury—a 1974 Act. No one under 18 can watch a violent or pornographic film—a 1984 Act. In 1985 we banned anyone under 18 from buying solvents. No one under 18 can buy alcohol. Interestingly, the Scottish NHS and Government have been trying to push the age up to 21. They tried that in 2008 and are keen to do so again.

Under a 1987 law, no one under the age of 18 can sign a property agreement. In 1996 my noble friend Lord Howard of Lympne and I increased the age at which one can buy a knife from 16 to 18. In 2003 we banned anyone aged under 18 from buying paint stripper, and in 2005 we banned anyone aged under 18 from possessing fireworks in a public place. In 2007 we raised the age at which someone can buy tobacco to 18, while in 2010 we banned anyone under the age of 18 from using a sunbed.

European Union Referendum Bill

Debate between Baroness Young of Old Scone and Lord Blencathra

Wednesday 28th October 2015 Lords Chamber

[Lord Blencathra]

I did not make that speech. I was in no position to make it. I cannot recall what my views were. I was not a Member of Parliament then and I certainly was not in this place. My point of view now is based on what the law currently is for the age of majority and why Governments and both Houses of Parliament have accepted 18 and granted all these rights to people only when they reach the age of 18.

Let me briefly conclude on this point. Until you are aged 18 you cannot open a bank account in your own name. You cannot even get a tattoo, buy fireworks or make a will. You cannot even carry an organ donor card or use a sunbed for tanning. You cannot stand as a Member of Parliament until you are aged 18. If we lower the voting age to 16 are we then going to allow people to stand as a Member of Parliament when they are 16? There are a range of other examples but I will not bore the House with them.

[Baroness Young of Old Scone (Lab)]

I was born in Scotland and I was brought up in a Scottish Conservative household. When I was 16 I thought that the election result, when a Labour Government was returned after 13 years of what is now known as Tory misrule, was the end of the world. I had been taught to believe that. Two years later I was canvassing for Labour in the election.

What changed me was that at the age of 16 I could get pregnant. At that time I could not get birth control in this country at that age. During that period, when I was aged 16 or 17, the first Brook Advisory Centre opened in Edinburgh. I could then go on the pill. Quite frankly, it was probably the best thing that ever happened to me. The knowledge that I could not get proper support for being sexually active—I had had a good Scottish diet and was very precocious for my age—was what politicised me. I have no qualms about announcing that here tonight. It is a real insult to people aged 16 and 17 to believe that, when they are in a position where they make crucial decisions about their own future, they cannot make a crucial decision about the future of this country in Europe.

[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.