European Union Referendum Bill

Chris Skidmore Excerpts

Thursday 18th June 2015 Commons Chamber

[Dr Wollaston]

I agree with my hon. Friend, but we can sometimes use excuses to delay important issues. The important thing is to look at the experience in Scotland and the way the vote was energised. Is anybody seriously arguing that 16 and 17-year-olds in Scotland were incapable of taking in the information, weighing it in the balance and communicating their views? Is anybody seriously suggesting that there were harms to those young people from taking part? No, and I would say to those on our Benches that they should look at what has been written by Ruth Davidson for the Tory Reform Group. She makes a compelling case for Conservative Members to embrace that change and take this forward. We must do so for the referendum for the very reason that we are talking about the young people who will be most affected by the decision and living with it for the longest, but who will not, as in general elections, have an opportunity to change their view in five years’ time. This decision will last for decades.

[Chris Skidmore (Kingswood) (Con)]

My hon. Friend is making a strong argument, but, to reflect the point raised by my hon. Friend the Member for Waveney (Peter Aldous), surely it is better that a constitutional issue that is so important that it affects all elections should be fully debated by the House as a separate matter. She has mentioned Scotland. Scotland has a heritage of 16 and 17-year-olds being able to vote in local elections, and when it comes to responsibilities such as marriage, there has been a long-standing position that people can get married there without their parents’ permission. That is not the case in England at 16. Therefore, we need a far more in-depth discussion about this issue, rather than cramming it into today’s debate on amendment 18 to clause 2.

[Dr Wollaston]

My hon. Friend is right that we need to debate it. We need to do that too, and I will be making exactly the same argument at that point, but we must not miss this opportunity to express a view as a House. I believe we should have a free vote—I believe that passionately—on whether 16 and 17-year-olds have the capacity. I say to my hon. Friend: what is the harm and what are the benefits? We should all weigh up—if we look at our ethical grid—the benefits versus the harms to the individual and society. As I said earlier, I believe there are compelling societal reasons why we must give young people a voice and a vote, because without the vote, they do not have the same voice. There are also societal reasons about the changing structure of our population, but I ask him: where are the harms?

[Chris Skidmore]

Taking a philosophical approach, if we look at, say, young offenders institutions and prisons, is my hon. Friend therefore arguing that 16-year-olds should go straight to incarceration in adult prisons? If we take voting as part of the age of responsibility, we will be opening a whole can of worms; therefore, the argument that they could be placed in prisons comes up. That is what I am worried about. Sixteen-year-olds are vulnerable. I appreciate what she is saying, but this is not just about the voting age; it is about looking after those vulnerable young people. She is making the case for voting, but the obverse of that is that equality must apply everywhere.

[Dr Wollaston]

Let me point out to my hon. Friend that one of the things I campaigned long and hard on in the last Parliament—one of the things that perhaps drove me into politics—was the scandal of children being detained in police cells under section 136.

[Chris Skidmore]

But they are children.

[Dr Wollaston]

But the point is that these are children who are being incarcerated. The inquiry on child and adolescent mental health services that I led as Chair of the Select Committee on Health at the end of the last Parliament shows, I feel, the opposite. The point is that one of the reasons we have such woeful services for young people suffering from mental health problems is partly the way that policy drivers tend to come from the other end of the age spectrum. If my hon. Friend is going to bring up incarceration in prisons, I would say yes, we do incarcerate young people in wholly inappropriate circumstances. Part of giving them a voice and a vote is about changing the way we treat our young people in those circumstances. I am delighted that the Government are finally making progress on this scandal and stopping the incarceration of children in cells—something that I witnessed as a forensic medical examiner and have felt passionately about for years.

One of the most extraordinary arguments I have heard this afternoon was from the hon. Member for Huddersfield (Mr Sheerman), who is no longer in his place. He suggested that children would somehow be at greater risk of abuse if they were allowed a vote. I would say absolutely the opposite, so I do not accept the argument that my hon. Friend has made about the criminal justice system. Let us stop infantilising young people; let us give them a voice and a vote.

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[Chris Skidmore]

I appreciate that the hon. Gentleman’s argument relates to the complexities of our current system of eligibility to vote in either the potential European referendum or a general election, but may I take up the point made earlier by the right hon. Member for Leicester East (Keith Vaz), who mentioned tax? How long does the hon. Gentleman think the period of contribution should be? Should it be five years or 10 years, or should taxpayers be eligible immediately?

[Mike Gapes]

That is not a question that I can answer at this stage. We have residence rules with regard to people’s eligibility to vote. The essence of my argument is that there should be no discrimination against European Union citizens who are not from Commonwealth countries that are in the European Union. My amendment would end discrimination against EU citizens who may have lived in the United Kingdom for many years—perhaps with children who are at school or university—and may have been making a contribution during that time, whether they are directors of companies, accountants, traders in the City of London, or taxi drivers. Yesterday, I was taken to the climate change event on the South Bank and Lambeth Bridge in a rickshaw pedalled by a Polish guy who had been living in London for many years, working as a rickshaw driver.

The future of many people who are making a contribution to British society could be seriously affected by the referendum. If we leave the European Union, what will happen to the right of those people—many of whom have children who were born here—to stay in our country? The referendum has enormous implications for them and their families, and it also has huge implications for the 2.2 million British people who live elsewhere in the European Union. That is what amendment 52 is about.

The two amendments are balanced, in a sense. There are 2.3 million EU citizens living in the UK, and 2.2 million British citizens living in the other 27 EU countries. However, the demography is a bit different. The people who are living here are younger, they are paying taxes, and they are working. Many, although not all, of those British citizens are living in countries such as Spain and France. Today, I received e-mails from people in, for instance, Crete and Germany who believe that their voices should be heard.

It is possible for people who live abroad to register to vote in UK elections, although there is a restriction. A person who has lived in any other country as a British citizen for up to 15 years has a right to register as an overseas voter, although, despite the efforts of political parties, very few people do. However, a person who has lived in another country for more than 15 years is not eligible to register.

I tend to study the manifestos on which general elections are fought, and I came across a paragraph in the Conservative party’s election manifesto that states:

“We will complete the electoral register, by working to include more of the five million Britons who live abroad. We will introduce votes for life, scrapping the rule that bars British citizens who have lived abroad for more than 15 years from voting.”

That is in the Conservative manifesto and was mentioned in the Queen’s Speech, yet the Government propose a referendum that is not consistent with their own policy on which they were elected. I am perplexed by that, so perhaps the Minister when he responds will explain why they want to change the law and allow people in future general elections, presumably, and local elections, probably, to have a vote irrespective of how long they have lived abroad. They are not, however, going to allow those people—the 2.2 million—living in the EU, of whom a significant number have lived in Spain, France or elsewhere for more than 15 years, to have a vote in a referendum that is vital to their future.

There is an organisation that represents Labour party supporters who live in other countries. It is called Labour International. It is affiliated to the Labour party and sends people to our annual conference. Other parties have similar organisations; there is an equivalent Conservative one. Labour International this week sent an email to the general secretary of the Labour party. It quoted one of its members, who says:

The In/Out Referendum has the very real and very frightening possibility of making me an illegal immigrant overnight. How are you going to get the Government to protect me, my family and friends should the electorate turn their back on Europe. What will happen to my rights under the Freedom of Movement clause? What about my job, my pension, my health-care, my property? Will I be able to/forced to claim political asylum? Will I be compensated for losses? Who is making our voice heard in the UK? The list of questions just grows and grows along with my insomnia.

There are people, who perhaps went to Spain 25 or 30 years ago, who are extremely nervous about their future. They are apprehensive, because a decision will be taken in as little as two years’ time that will have an enormous impact on their status, their future and their life. They thought they were settled in another European country, yet they will have no say over that decision, because the British Government—the Conservative Government—believe that their future can be put at risk through this referendum, while they as British citizens living in other European countries have no democratic voice because they have lived there for more than 15 years.

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[Chris Skidmore]

Is the hon. Gentleman therefore restating his opposition in principle to a referendum and to allowing the British people to have their say? I thought the Labour party had finally done a U-turn and walked through the Lobby with us the other week.

[Mike Gapes]

It is a pity the hon. Gentleman was not here on Tuesday to hear my response to another intervention from one of his colleagues. I will not repeat it now. My views on a referendum are well known—they are the same as Margaret Thatcher’s and Clement Attlee’s—and if he reads Tuesday’s Hansard he will see the whole quotation.

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[Mrs Main]

I congratulate the hon. Gentleman, but his turnout was lower than my turnout. Having said that, many Members will know that in their constituencies the turnout, particularly in local elections, is woefully low. The turnout among young people is woefully low. I did 10 hustings—I am sure he did 110—but I can tell the Committee that many young people told me that those who were able to vote did not know enough. I agree with my hon. Friend the Member for Totnes on that, because we need to make sure that that information is got across. We do not have the mechanisms at the moment to get the information to enough young people in a way that I would like. I do not believe now is the time to consider lowering the age for the franchise and including 16 and 17-year-olds. We need to put our energies and efforts into the 18-plus group.

In my intervention, I made the point that we have things that people can do at 16, but we have a lot of things that they cannot do. The comments made by the hon. Member for Huddersfield (Mr Sheerman) have been somewhat misinterpreted by the Committee. I think the point he was trying to make is that we protect young people from a lot of things—he happened to discuss child and sexual abuse. If a young person gets involved in a bad group and eventually goes down the criminal path, we treat them in a way that accepts their youth in law. We treat them in a way that protects them and we hope they will learn the error of their ways before they enter the adult world when they would face extremely serious consequences. We take that approach on a lot of things for young people. We try to protect them from the evils of smoking, drugs and drink.

I know that this is different in Scotland, before someone bounces up and down to tell me so, but we say that a young person still needs parental permission in our country to get married at 16, which I would suggest is a very young age to be getting married. Now is not the time, in an amendment to a Bill as important as this, to decide that we have to review the whole franchise. I do not accept that it is infantilising young people to treat them as what they are—young people, pre-18, the age at which the full weight and consequences of the law fall upon them.

Let me also point out to Opposition Members that people pay tax aged three if they happen to be a child star—that has nothing to do with age. So let us leave that one out; “taxation and representation” is somewhat of a misnomer. We say that young people are protected. What we need to say is why those young people of 18 are then considered adults. They can leave school—they can leave full-time education—and enter the world of work. They lose that protection of that twilight era between being a very young child and an adolescent, and being a young adult.

[Chris Skidmore]

Has my hon. Friend considered the issue of who the electoral roll and electoral data should be made available to? During the general election we all had access to the data in order to ensure that we provided materials, but those data could be used in other ways, such as by marketing companies to target 16 and 17-year-olds. How would she ensure that the roll is used sensibly and is not used for damaging purposes?

[Mrs Main]

My hon. Friend makes a valid point, but I will be chided if I go down that route because it is not within the remit of the amendments under consideration. Such a matter would have to be discussed if we were to reconsider the franchise. I do not think that we should pick and choose our franchise arrangements; I know that Scotland did for the referendum. At the moment, we have a franchise of 18 plus. Those voters elected this Government and asked this Government to deliver a referendum and it is those voters who should vote in the referendum; it is as simple as that.

If we are going to start treading in these waters of saying that 16-year-olds should vote, why should we stop there? As has been said in this Committee, why not 15-year-olds? Why not 14-year olds? How have we picked this arbitrary age? Scotland went down the 16-year-old route. Does that make it the right one?

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[Tom Brake]

I rise to speak in favour of amendments 51, 1, 2 and 18. Having been advised that the lead amendment would be 51, I put my name to that, but I am also happy to support amendment 18, which seeks to achieve the same thing in relation to EU citizens being able to vote.

Briefly, on the subject of votes at 16 and 17, the Scottish referendum has demonstrated convincingly that 16 and 17-year-olds are interested in politics and that when there is a vote of substance, they will want to take part. They have demonstrated, I would have thought convincingly to the House as a whole, that they should be entitled to vote. Certainly, that is something that the Liberal Democrats have pursued vigorously for many years. Indeed, Stephen Williams, the former Member for Bristol West, pursued the matter in the previous Parliament and ensured that the House voted in favour of votes at 16. It was not legislated on, because it is not something that the Conservatives would agree to in the coalition.

My friend in the other place, Lord Tyler, has also pursued the issue through a private Member’s Bill in the other place, calling for votes at 16 for all elections and referendums.

[Chris Skidmore]

The right hon. Gentleman takes a snipe at the Conservative party for refusing to take certain decisions within the coalition. But the Liberal Democrats refused to give us a referendum on Europe in the previous Parliament, which is why we are having it now. It is hardly fair to make those assumptions when his party, at heart, has always been against a referendum on Europe—certainly after 2010.

[Tom Brake]

The hon. Gentleman will know that that is not the case. In the previous Government, we legislated to allow a referendum to take place if there was a substantial transfer of powers—or proposals for such a transfer—from the UK to the EU.

There is one final reason why 16 and 17-year-olds should be given a vote in this referendum, which is that if the UK votes to come out of the EU, it will be a one-way street. If we choose “Brexit” rather than “Bremain” there will be no “Breadmission”. What does that mean for 16 and 17-year-olds? Their options for living, working, travelling and studying abroad are curtailed. Their horizons are restricted and their futures diminished. They have a right to have their say in a referendum, which, if the UK votes to leave the EU, could have a long-lasting and damaging impact on their life chances. We in this place should be giving them that right.

In relation to the franchise for EU citizens, currently 2.3 million citizens of other European member states live and work in the United Kingdom. In the regional and local elections that will be held across Britain and Northern Ireland next year, all EU citizens living in the UK will be entitled to vote, yet, as clause 2 stands, EU citizens living abroad in the UK will not be entitled to vote in the referendum. To respond to the point made by the Opposition spokesman, the right hon. Member for Wolverhampton South East (Mr McFadden), I do not think the fact that other countries have not allowed EU citizens to take part in similar referendums means that that is the path that the UK Government should follow.

I said earlier that EU citizens will not be entitled to vote, but of course, as several hon. Members have said today, a number of EU citizens will be able to vote in the referendum, because there is no consistency. Citizens of Ireland, Cyprus and Malta living in the UK will be able to vote in the referendum, but citizens from all other EU member states will not. As the hon. Member for Ilford South (Mike Gapes) said, it is clear that non-British EU citizens living in the UK have a very big stake in this election. If Britain leaves the EU, those men and women will still be EU citizens—unlike their UK counterparts, who will lose their EU citizenship rights—but they will no longer have the automatic right to live and work in the UK.

We should also remember that non-British citizens have the right to vote and stand in regional and local elections. There are many examples of European citizens playing a leading representative role in our democracy. As SNP Members will know, one of the best-known cases is that of the French-born Christian Allard, the SNP MSP for North East Scotland. It would be a disgrace if he was not allowed to vote in the EU referendum.

Do we really want to say to EU citizens who make such an outstanding contribution that they are good enough to represent us in the Scottish Parliament, in the Greater London Authority, or as our local councillor or mayor, but that they are not good enough to have a say in the EU referendum? Do we want to say to EU citizens that they are good enough to invest in Britain, set up a business here, pay their taxes and contribute to our communities, but that we do not want their voices to be heard in the referendum? Do we have the chutzpah to go to EU citizens next year, when all the political parties in this place will be competing for their votes in next year’s local and regional elections, and say, “Sorry, we didn’t give you the vote in the EU referendum, but please give us your vote now so that we can represent you”?

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[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.