Electoral Registration: EU Citizens

Debate between Catherine West and Brandon Lewis

Thursday 25th April 2019 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

(Urgent Question): To ask the Chancellor of the Duchy of Lancaster and the Minister for the Cabinet Office if he will please make a statement on the electoral registration process for EU citizens for the 2019 European elections.

[The Minister without Portfolio (Brandon Lewis)]

I thank the hon. Lady for raising this issue. It is important that we ensure that everyone is aware of what they can do to ensure they are able to exercise their right to vote, should that opportunity arise. We have been clear on our intention as a Government that we want to leave the EU as soon as possible and not have to hold these elections.

Electoral registration officers have a statutory duty to ensure that people who are eligible to vote in relevant elections have the opportunity to do so. With regard to the potential European parliamentary elections, that includes ensuring that EU citizens from other member states who are resident in the UK and registered to vote are aware that they need to complete a declaration, commonly referred to as a UC1 or EC6 form, in order to do so. I will place a copy of that form in the Library of the House today. To vote in the UK, citizens of other EU member states need to be registered to vote, and to complete the declaration form stating their wish to vote in the UK, by Tuesday 7 May 2019. This form is accessible on the Electoral Commission website and on local authority websites. This is to ensure that EU citizens do not vote twice—here and in their member state of origin—because it is obviously illegal to vote twice in the same election.

The Electoral Commission has issued advice on what action to take on this, and it was circulated to all local authority electoral officers on 4 April. The Electoral Commission’s guidance advises that, while the law does not require electoral registration officers to send the form out to all EU citizens, it has in previous years advised that EROs should identify those local government electors who are EU citizens and send them a UC1 form, to help to ensure that they understand their options and are able to exercise their right to vote, should they wish to do so. It further advises that, if the date of the poll is confirmed, electoral registration officers be encouraged to take other steps to raise awareness, such as through social media channels and elsewhere. The Electoral Commission said that it was also looking to support EROs in this and to work with partners to spread the message more widely. The commission’s advice is that EROs

“should think about how you can make EU citizens clear of the options available to them: the information on the UC1 form should help you to do this”.

While the Government support the work to encourage electoral registration, the legal process of registration is obviously the responsibility of electoral registration officers rather than the Government. Prior to the extension of article 50, we had already encouraged EU citizens to vote in their home countries in the 2019 European parliamentary elections. We expect that most EU citizens in the UK will have followed previous advice to ensure that they can vote in their member state of citizenship.

--- Later in debate ---

[Catherine West]

I am concerned that EU citizens living in the UK have to undergo a two-stage process to vote in the European elections. Even if they are already registered to vote in the local elections next Thursday, they are separately required, unlike UK nationals, to complete an additional form to vote in the European elections three weeks later. That added layer of administration is rightly designed to prevent EU citizens from voting twice. However, the Cabinet Office has also inferred that preferential status must not be conferred to EU citizens in the process. That scenario only really applies when the EU registers are open, but there is no uniformity among EU member states. Indeed, the majority of EU registers have now closed.

Under normal circumstances, had the Brexit shambles not taken over, councils would have written to EU citizens in January, when all EU registers were open, to confirm the UK register in good time. They would have sent out reminders and issued polling cards to electors who are already on the register for the local elections, but we are not in normal circumstances. Our participation in the European elections was confirmed by the Prime Minister very late in the day, and the additional EC6 process is largely superfluous given that the majority of EU registers have already closed.

Far from giving preference to EU citizens, these unusual circumstances and the Government’s lack of action have helped to create an artificial barrier to the enfranchisement of EU citizens. Indeed, we are already hearing reports of a formal legal challenge to the Government. This is yet another Brexit mistake. In July 2018, the integrity of our democracy was questioned when Vote Leave was found guilty of breaking electoral law. Today, our democracy faces another threat: Government- sanctioned barriers that could prevent EU citizens from registering to vote.

There are now 13 days until the voter registration deadline. Given the shortness of time, and the late hour at which local authorities were informed of this major U-turn in Government policy on participation in the European elections, can the Minister answer one clear question? Will he confirm that local authorities will be permitted to register automatically EU citizens who are already registered to vote in next week’s local elections, on 2 May, so that they can participate in the European elections a mere 21 days later?

[Brandon Lewis]

I have a couple of things to say to the hon. Lady. First, we obviously would not be in this position if she and more of her colleagues had voted for the deal on 29 March, because we would not be holding these elections, and there still may be an opportunity not to hold them. Secondly, local elections are different, because residents can vote more than once, in different places where they pay council tax. The structure is very different—[Interruption.] I can see the hon. Lady gesticulating, but people can vote more than once in local elections, as Members of Parliament often do. Things are different in European elections, and it is right that we do what we can to ensure that people vote only once.

As for the process, if colleagues look at the UC1 form—as I said, I will lay a copy in the Library today for colleagues who have not seen it—they will see that it probably takes 30 seconds to a minute to complete. The same process was used in the 2014 European elections, and it dates back to the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001, so some Labour Members will have supported it when they were in government.

EU Nationals

Debate between Catherine West and Brandon Lewis

Wednesday 29th November 2017 Commons Chamber

[Brandon Lewis]

The hon. and learned Lady will appreciate that, as the Minister responsible for this portfolio, I have met and will continue to meet representatives from that group. The fact remains that there needs to be an agreement between us and the EU, and that agreement must include protecting the status of UK nationals living, working and studying elsewhere in the EU.

The motion calls for the introduction of legislative proposals in this Session to unilaterally safeguard the rights of EU citizens living in the UK. I have just explained why we should not be taking unilateral action on this issue, as it would be wrong for British citizens. The motion is a little late, as the Government have already announced a new Bill to enshrine the withdrawal agreement between the UK and the EU in our domestic law.

[Catherine West]

What consideration has the Minister or his team given to the case of the3million campaign group, which is seeking to examine the fact that when EU nationals arrived under a different treaty they had nothing to do with the Home Office? One of the group’s fears is that the Home Office and its procedures may lead to a complicated procedure, whereas a light touch approach, perhaps from a local authority, may be more appropriate for those who arrived under free movement and with a different set of rights.

[Brandon Lewis]

The hon. Lady makes a fair point. As she may appreciate, I have met the3million and my team continues to meet it, as it is one of the user groups involved in designing the system we will use. As I have said, this system will be streamlined and simple, and it will be designed through working with the very user groups that will be accessing it, to make sure we can grant settled status swiftly, efficiently and effectively.

The withdrawal agreement and implementation Bill will directly implement the contents of the withdrawal agreement, including the agreement on citizens’ rights, in UK law by primary legislation. As I say, this is why the SNP is somewhat behind the curve. This approach will allow Parliamentary scrutiny and oversight of the process, and it will mean that the agreement on citizens’ rights will have direct enforcement and effect in UK law. Ahead of any primary legislation, we are planning to set up a voluntary application process in 2018, so that EU citizens and their family members who want to get their new UK immigration status at their earliest convenience will be able to do so efficiently, swiftly and effectively.

EU citizens worried about their status here have the Government’s complete assurance that we want them to stay, that we value their presence here, both in our communities and in our economy, and that they continue to be welcome here in the UK. Given that it is in the interests of all parties to protect the rights of their citizens once the UK exits the EU, we are confident that both EU citizens and UK nationals will be protected through a reciprocal arrangement. As I have said, we are now very close to reaching an agreement that will protect EU citizens and UK nationals alike, so any attempt to take unilateral positions would risk undermining our ability to secure protection for the rights of UK nationals living in the EU. When we reach this agreement with the EU, the Government will then enshrine it in primary legislation, providing certainty to the millions of EU citizens who have made the UK their home.

Oral Answers to Questions

Debate between Catherine West and Brandon Lewis

Monday 16th October 2017 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

T5. A recent High Court ruling found that asylum seekers who had suffered torture had been detained unlawfully. Can the Secretary of State please provide to the House the date on which those individuals who were wrongfully detained will be freed?

[Brandon Lewis]

I am happy to write to the hon. Lady. We are going through the judgment from the High Court, which did outline that the policy, in itself, is potentially okay. I am happy to come back to her with some details on that in due course.