European Union Referendum Bill

Chloe Smith Excerpts

Thursday 18th June 2015 Commons Chamber

[Mr McFadden]

It did, but it was not put into legislation in the way that we have the opportunity to do today.

[Chloe Smith (Norwich North) (Con)]

I am delighted that the right hon. Gentleman has given way on the nature of the legislation before us as we are—after all—in Committee. I welcomed the point made by my hon. Friend the Member for Eddisbury (Antoinette Sandbach) about the electoral register and I am deeply alarmed that the proponent of any amendment would not have—in the right hon. Gentleman’s words—“thought through” whether it would have an effect on such an important issue as jury service. I am a supporter of votes at 16, and I shall seek to make further comments on that later, but we are now examining the quality of legislation.

[Mr McFadden]

I thank the hon. Lady for her praise of my amendment, but its effect would be clear and we have taken advice on the point. The amendment would extend to 16 and 17-year-olds the right to vote on exactly the same basis as the other changes to the franchise in the rest of the Bill. As was said on Second Reading, the Bill already changes the franchise—for Gibraltar and for peers—so the amendment, like the Bill, will apply only to the EU referendum.

The amendment on EU citizens is also in this group of amendments. The franchise in the Bill is that for UK parliamentary elections, except for the exceptions that we have discussed, and the amendments would extend it to citizens of other EU countries. EU citizens currently have the right to vote in local and European elections, but not in parliamentary elections. When other EU countries have held referendums on EU accession decisions or treaty changes in recent years, EU citizens from member states outwith those countries have not been given the vote. That is true for recent referendums held in France, Ireland, the Netherlands, Denmark and many other countries. When a member state makes a decision on its own membership of the EU, on whether to join the euro or on whether to accept treaty change, the pattern has been to use the franchise for national elections. It has not been the pattern to extend that to citizens of other EU countries. For that reason, we do not support allowing citizens of other EU countries to participate in this referendum, but we do believe that it is important to extend the franchise to 16 and 17-year-olds.

--- Later in debate ---

[Tom Brake]

I thank the hon. Gentleman for that intervention, but I suspect that given the ferocity with which the Conservative party opposes any proposed extension there would not have been much point in my trying to pursue that as Deputy Leader of the House.

EU citizens in the UK are the group whose future will be most affected by the outcome of the vote, as well as 16 and 17-year-olds, as the hon. Member for Totnes (Dr Wollaston) said earlier. EU citizens in the UK are demanding the vote and for too long, we in this place have not listened to their voice in our communities. That has to change. It is the Liberal Democrats’ policy to allow EU citizens to vote and we call on other parties to follow suit. When we go to the polls next year in the regional and local elections, we will be held to account by more than 2.3 million EU citizens in the UK for the actions we take today. It is time to do the right thing and empower EU citizens by giving them the vote in the referendum. What better way to mark the second anniversary of New Europeans and to acknowledge the rights of the 2.3 million EU citizens they represent than to extend the franchise in the EU referendum to all EU citizens rather than just some? Basing the provision on the local election franchise and not the parliamentary franchise would achieve that, so I commend these amendments to the House.

[Chloe Smith]

I believe passionately—I have spoken on this point before, both in this place and outside it—that young people should have a place in our democracy. Doing nothing about their current position within our democracy is no option at all, and I would follow on from the arguments in that regard made by my hon. Friend the Member for Totnes (Dr Wollaston). However, I shall not support the amendments today. Let me explain why.

Disraeli tells us with some wisdom, as he often does, that we can see two nations in one. I do not mean two nations under one roof in the United Kingdom, but rather that there are two nations of older and younger voters. His original point was that his two nations might as well have been dwellers on different zones or planets, as they had so little sympathy with each other’s positions. One might be drawn to think that from the relative turnout figures for older and younger voters. In the 2010 election, the last one for which we have the complete figures, I believe, the average voting rate was around 65%. The rate among pensioners was about 75%, and the rate among 18 to 24-year-olds was about 44%. The data we have for the election just past are incomplete, but I understand that one set of data suggests that the turnout rate among 18 to 24-year-olds declined by one percentage point.

The point is this: we in the UK have a serious problem of low youth turnout—we are the sick man of Europe, or indeed the world on some counts. Some studies suggest that, at that statistical level, we are hopelessly behind other countries in Europe. There is a US-UK-Germany study on this point, which shows that, although young people turn out less than their elders in other countries—the US is a good example—in the UK the divergence is accelerating. That is a serious problem.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The percentage of young people who turned out in our election just past is expected to have been in the high 60s, compared with just above 40% here. I would lay that at the feet of the referendum. A referendum means that every single vote in the country counts. You will never inspire young people as much as with a referendum, because if they are in a safe seat, whether they agree or not, their vote may not count. A referendum is exactly the time to look at extending the franchise; otherwise, you are facing the prospect of your turnout in a decade’s time being pitiful.

[Chloe Smith]

The hon. Lady makes a good point about the nature of a referendum, although if I understood her correctly, I probably ought to balk at her references to there and here and you and we, and some points of division that I think she is seeking to make. However, I believe she is broadly with me on my point that the UK as a whole, in national UK elections, has a problem about which we all despair.

[Chris Skidmore]

On the point about referendum turnout, is my hon. Friend aware of the Electoral Commission study of the ICM poll showing that, in the recent Scottish referendum, turnout among 18 to 24-year-olds was 54%? It was 75% among 17-year-olds, but the study concluded that many of them were accompanied to the ballot box by their parents. Among those who had turned 18 and were independent, turnout slumped to 54%.

[Chloe Smith]

I will attempt to draw the statistically based interventions together into a broader point: young people turn out to vote less than older people, and we should all be concerned about that. We are all in the business of looking for ways to improve that situation.

[Stephen Gethins]

The hon. Lady makes some good points, and I hope she will join us in the Lobby tonight, unlike the Labour Members who say they are for something but then do not actually vote for it. On the point that the hon. Member for Kingswood (Chris Skidmore) raised, what the study showed is that people who start voting at 16 and 17 are more likely to continue voting. As the Electoral Reform Society has said: vote early and vote often.

[Chloe Smith]

The hon. Gentleman makes a sound point. Voting is a habit that is formed early, and we ought to treat it as such. The franchise is but one element of all that we should do to encourage young people to take an early interest in politics and to sustain that throughout their lifetime. I will discuss that more broadly later in my speech.

The nature of young people’s interest in politics compared with that of their elders is evolving. Some would argue that young people simply become like their elders as they get older—it is, in effect, a life cycle argument, which I think we should cease to make. There is a lazy complacency open to us to say, “It’s all going to be okay. They’ll just start voting when they get married and get a mortgage and settle down.” To start with, we all know perfectly well that getting a mortgage is increasingly hard for a young person. That is part of another evolutionary change we are seeing in our economy and society, but what we are confronted with is a generation—our generation; I include myself in that generation and others in this House may choose to define themselves that way, too—who are willing to be involved in politics, but perhaps less wiling to be involved in traditional, formal politics. We see young people who choose to make their voices heard using new technology and techniques, getting out there and rolling up their sleeves to achieve community change, and that is a very fine thing. I think that traditional politics has adapt to that, so my first point is that we have to do a range of things to make traditional, formal politics adapt to a new generation.

[Suella Fernandes (Fareham) (Con)]

My hon. Friend’s point about low turnout among younger voters is a good one. What is her opinion on the possibility of extending the franchise to younger people having the effect of lowering average turnout, because it will take in a group whose propensity to vote is also low?

[Chloe Smith]

Unfortunately, mathematically my hon. Friend may well be right. I am endeavouring to avoid the dry maths, but her prediction may be correct. She returns me to my key point: we need to do more than just concern ourselves with percentages, turnout rates and franchises if we are to address the problem.

[Damian Green]

My hon. Friend is a great expert on these matters. The point has been made that efforts to encourage 17 to 18-year-olds and 18 to 24-year olds to vote are not mutually contradictory. Does she agree that, on the evidence we have so far, such efforts are mutually reinforcing—that we are more likely to increase lifelong voting by allowing people to vote before the age of 18 than by waiting until they are over 18? Such fairly limited academic evidence as we have suggests that that is the case.

[Chloe Smith]

Yes, I do agree. I think my right hon. Friend is echoing a point made by the hon. Member for North East Fife (Stephen Gethins). The question of the quality of the evidence available to us is a difficult one. Any “evidence” will be something like a poll of 16 and 17-year-olds asking, “Would you like this franchise?” My understanding of the evidence is that it is extremely mixed. I have seen polls of 16 and 17-year-olds asking them that question, and they say, “Yes please.” I have also seen polls of a wider age group asking, “Would you like this franchise, or would you have liked this franchise?” to which they reply, “No, we’re not so sure, because we think we might not be ready,” if they are younger than 16, or, “We might not have been ready,” if they are older.

[Hywel Williams]

One does not have to speculate about the effect of lowering the voting age to 16. Musings from the other side are not necessary when one merely has to look at what happened in Scotland.

[Chloe Smith]

I take that point, but I still think the evidence is mixed. We have one—very strong—example. Ruth Davidson is one Conservative, and I am another, who reflects positively on that experience and thinks that we should learn from it, but other evidence in this arena is scant and not concrete.

[Tom Tugendhat]

I thank my hon. Friend for giving way and allowing me to make a point in response to the hon. Member for Arfon (Hywel Williams). In fact, the evidence is not quite as clear as he suggests. The Scottish referendum was on a simple yes/no question and we know that such questions attract higher turnouts of every age, so the question whether 16 and 17-year-olds’ participation attracted a higher turnout is moot.

[Chloe Smith]

My hon. Friend places me in a difficult position. As he was responding to the hon. Member for Arfon, he will have to allow me to skip his intervention and return to my speech.

[Tom Tugendhat]

Sorry, I apologise.

[Chloe Smith]

If I may, Mr Howarth, I will suggest that the two hon. Members sort themselves out. [Laughter.]

[The Temporary Chair (Mr George Howarth)]

The hon. Lady has resumed her seat. Has she finished?

[Chloe Smith]

indicated dissent.

[The Temporary Chair]

In that case, may I commend her on her amazing good sense?

[Chloe Smith]

I have found, Mr Howarth, that it is always good sense to try to stay on the right side of the Chair, and I will do that.

Let me return to the main point of my remarks. We need to do a number of things to address the question of youth engagement in politics. I have already noted that there is high youth engagement in political activity, but not in traditional politics. That is one of the characteristics of the problem facing us. If Mr Speaker were in the Chair, he would no doubt refer us to some of the work that he has led on digital democracy, which is another aspect that we should consider. There is more to the question than the franchise and the age at which we enfranchise young people. The franchise age is no silver bullet on its own.

[Dr Whitford]

Clearly, the hon. Lady is keen to see young people engaged. She talks about their broad interest in dynamic politics, but not necessarily in party politics. As the hon. Member for Tonbridge and Malling (Tom Tugendhat) pointed out, referendums get a higher turnout. The question is simple and, as I said earlier, every single vote counts. The Conservative party is in danger of passing by the best opportunity to engage young people that we may have in a decade.

[Chloe Smith]

I thank the hon. Lady for her point, which I think is the point she was making earlier. I do not dispute the special quality of referendums which gets people excited. That is a good thing, and I am delighted that we are having a referendum on the UK’s membership of the European Union. It is one of the things I was proud of in the Conservative party manifesto. It allows us to engage people of any age in an important question for our country. However, the referendum is not the vehicle for us to attempt to change the full franchise. I shall come on to that as my main argument.

When I was in the position now held by the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Weston-super-Mare (John Penrose), who is one of the Ministers present today, I stood at the Dispatch Box and demurred on the question whether we should change the age of the franchise. I referred to mixed evidence and said at that time that, on the basis of the evidence available to us, I was not convinced that we ought to alter the age of enfranchisement in this country. I have since changed my view and come to believe that we should have votes at 16. I have come to that view for a number of reasons: additional evidence has come in from the Scottish referendum and it is such an important signal to send to young people to welcome them into our democracy. As I have argued, it is no silver bullet, but it is a very important signal to give.

I endorse the work of the Tory Reform Group. My hon. Friend the Member for Totnes and my right hon. Friend the Member for Ashford (Damian Green) have contributed to that and I have collaborated with them. There is an important argument to be made from the Conservative Benches in favour of enfranchising young people and engaging them in our politics. Let me make that Conservative argument briefly. The youngest generation in our adult world today is least interested in big redistributive schemes. Of the generations in our democracy today, it is most interested in welfare reform and in enterprise. We have an opportunity in our party to make the Conservatives the home for young voters, and we should grab that opportunity with both hands.

We have made a good start. We are the party that has just won a national election on the basis of an improving economy, jobs for young people and record youth employment figures, and on our record of fixing this country’s debts so that they do not fall on the heads of future generations, helping young families with childcare and putting education in this country on a stable footing that serves those young people for their future. We are the party of young people and we can be the party of young voters. However, the Bill is not the vehicle for extending the franchise. Let me explain why.

[Mark Durkan (Foyle) (SDLP)]

The hon. Lady seems to be making the case that 16 is not too young to vote, but the referendum would be too soon to make that change. Rather than the evidence being mixed, is she not giving us a very mixed argument?

[Chloe Smith]

The hon. Gentleman kindly brings me to my next point, which is the nature of making a change as important and as necessary as this through an ad hoc means. I am arguing for a lasting change for young people, not for an ad hoc change, as represented by making it on a one-time referendum. As good as referendums are, they are by their nature one-timers.

[Tom Tugendhat]

I fully agree that there is a strong argument for lowering the voting age in this country and I would welcome a full debate on the issue in this place in due course, but I am not sure whether the British public, who have waited more than 40 years for a referendum on Europe, would forgive us for squabbling over the franchise at this point. Does my hon. Friend agree that a full and frank discussion about the enfranchisement of 16 and 17-year-olds is needed in this place in the fullness of time and that such a discussion should not be rushed?

[Chloe Smith]

My hon. Friend is exactly right: we should do this properly. The Bill is not the place for that.

[Mark Durkan]

In that case, why has the franchise been extended in relation to peers? Now the only additional young voters we are going to get are four Lords called Young and one called Younger. The franchise is being altered specifically for them as a one-off. If it is okay to extend the franchise for them, why not for 16 and 17-year-olds?

[Chloe Smith]

My answer to that, as opposed to the Minister’s, which he will give to explain the full point, is that if we agree here, as many of us do on a cross-party basis, that we ought to look at ways to bring young people into our politics, we need to do that more permanently. I for one would not be happy to settle for doing so only on the ad hoc basis of a referendum. For that reason, and because I want to make sure that this is good-quality legislation, as I mentioned earlier, I will not vote for the amendments today because they would not do that properly.

I refer to the points made by my hon. Friend the Member for Eddisbury (Antoinette Sandbach), who has just left her place. She emphasised the need to make sure the electoral register is robust, so that we can have a robust jury service system. I refer also to the argument put by my hon. Friend the Member for Kingswood (Chris Skidmore), who says that we should do this properly as a view of the age of majority. Several important points are not adequately dealt with by swiftly enfranchising 16 and 17-year-olds in an ad hoc manner.

[Simon Hoare]

My hon. Friend is being a little too kind by using the phrase “ad hoc”. The phrase I think she is looking for is “gerrymandered”, because those who advocate an amendment to the clause are trying to gerrymander a register to get the result they want.

[Chloe Smith]

My hon. Friend may think that—I couldn’t possibly comment. What I will comment on is the need to ensure that everyone of a suitable majority in this country has a chance to play their role in democracy. Defining a suitable majority is a much bigger thing than we could do through the amendment, as the quality of the debate today has shown.

[Tom Brake]

Given that the hon. Lady wants to deal with the issue holistically, has she spoken to Ministers and asked them if they would urgently introduce a Bill that would deal with it in a holistic manner? The referendum could then take place with 16 and 17-year-olds voting.

[Chloe Smith]

I have great respect for the right hon. Gentleman, having served alongside him on some of these matters in the previous Government. I want to say to Ministers through my remarks in the House today, in addition to whatever I may say to them privately, that we ought to return to this matter in the House. Some very important issues have been raised in the debate and I hope my remarks serve to show that there is cross-party consensus on the need to involve young people in our democracy. I am sure the Front-Bench team are listening very carefully to that.

[Andrew Gwynne]

I am listening carefully to the hon. Lady and have a large degree of sympathy with her argument. Given how important the EU referendum is—the issue has defined the Conservative party’s political agenda for at least the past 15 to 20 years—does she not realise that giving the vote to 16 and 17-year-olds would allow them to take charge of their own destiny, because the EU treaty rights will be theirs as well as hers?

[Chloe Smith]

The hon. Gentleman is right that this is an important matter for the Conservative party, and I think that he would be forced to concede that its absence from his party’s agenda has also been a defining matter for it. I repeat that I am delighted that we are in a position to have this historic referendum, which is wanted by many of my constituents and others. Indeed, during the election campaign, I could barely find one constituent who could comprehend the idea of not having the referendum.

Let me go to the heart of the technical point that the Committee is considering. Clause 2(1) gains its legitimacy from the parliamentary franchise. Any change that we might want to make should be made at the source. If the legitimacy of holding a referendum derives from a franchise, we ought to change that franchise if we think that is the right thing to do, rather than do so on an ad hoc basis.

[Suella Fernandes]

My hon. Friend makes another excellent point. Does she agree that throughout history this House has granted suffrage and extended the franchise after full and robust debate, not in a last-ditch, shoehorn way in Committee?

[Chloe Smith]

I think that my hon. Friend is with me in my argument. We should do this properly. Some very important issues have been raised, and some extremely important consequential matters, such as the quality of our jury service, should also be dealt with.

Today, I am calling on the Minister to review this issue. I hope that he will be able to take away from today’s debate the nature of the cross-party support for enfranchising young people and empowering them to take their rightful place in our democracy. Taking my cue from my hon. Friend the Member for Fareham (Suella Fernandes), I note that neither she nor I would have been here under the franchise of previous decades. It is important that we take—dare I say it?—a progressive stance on these matters. It is important that every party in this House considers how it can best encourage young people to take their rightful place in our democracy. We must not do that in a slap-dash way; we must do it in a way that allows every aspect of the age of majority to be properly discussed.

[Hannah Bardell (Livingston) (SNP)]

Does the hon. Lady not agree that to refer to this as ad hoc is really quite disingenuous? In Scotland, we saw a generation of people engaged, and I think that any 16 or 17-year-old watching this debate would hear lots of technical points, but would she not consider it to be a regressive step to have given the young people of Scotland the opportunity to engage in their nation’s future—we on the SNP Benches heard from many young people south of the border who were just as engaged—and then make them feel that they are losing out on a major opportunity?

--- Later in debate ---

[Chloe Smith]

Thank you for your guidance, Mr Howarth, and thank you for your patience; I am conscious that I have made some lengthy remarks and taken plenty of interventions.

I accept the point made by the hon. Member for Livingston (Hannah Bardell) and share her desire to say to any young person watching today, “We believe in your place in this place. We believe in your place in politics. We believe in your place in changing the world in which you live.” I want to do that in a fundamental and lasting way, rather than a temporary, one-time way, which is inevitable with a referendum. I am pleased to have heard all the arguments built up for a case for change. I am delighted that there have been way markers in building up that case for young people to be properly involved in politics, both community politics and traditional, formal politics.

[Several hon. Members]

rose—

[Chloe Smith]

I will not take any more interventions, because I want to bring my remarks to a close and allow other Members to contribute fully.

My plea to the Minister is to take these issues away and review them fully. Will he speak to his colleagues, including those in charge of bringing forward the legislation needed to extend the enfranchisement of overseas voters? Perhaps that will provide an opportunity to return to these matters shortly. Let us do this in a way that achieves fundamental, lasting, good-quality change and that can make us all proud to go back to young people in our constituencies and across the country and say, “You have your place in politics.”

[Tommy Sheppard (Edinburgh East) (SNP)]

If we are going to have this referendum, we really should aspire to have the widest possible engagement in it. I rise to support the various amendments that seek to extend the franchise to all people over the age of 16 who are legally resident in this country.

Let me deal first with votes at 16. Growing up is clearly a process; changing from a child to an adult is something that happens over time. However, we must, as a matter of administration, put legal definitions on things. In this country we confer rights and responsibilities on people at different ages as they go through that process: at 16 they have the right to marry and to join the Army; at 17 they can drive a car; and at 18 they can buy a drink in a pub. The question, then, is this: why 16, rather than 17 or 15? To my mind, the answer is that 16 is the age at which we are given a number: our national insurance number. We turn from being simply a member of society to someone who has a liability to contribute to society. We reach the age of economic majority. That is why I believe that 16 should be the age at which people are allowed to vote.