European Union Referendum Bill

Joanna Cherry Excerpts

Thursday 18th June 2015 Commons Chamber

[Mr McFadden]

My hon. Friend has made his point about shrinking childhood before. I say to him that maturity is not an exact science. There will be some people who are mature at 16 or perhaps less, and some who manage to hang on to their immaturity for a great many years after that. I do not believe that any of us can pinpoint an exact age.

One thing that the EU referendum has in common with the major constitutional referendum that took place in Scotland last year is that it is a decision for a long time into the future. To quote the right hon. Member for Gordon (Alex Salmond), who is not here today, it is a decision to be made once in a lifetime, or at least for a generation, not something to be repeated every few years. I hope that all hon. Members will agree with that. The referendum will not return every few years like general elections.

[Joanna Cherry (Edinburgh South West) (SNP)]

The right hon. Gentleman will remember from our happy days together in the Labour club at Edinburgh University that in Scotland, unlike in England, the age of legal capacity is 16. However, child protection laws in Scotland, like those in England, go up to the age of 18. The hon. and learned Member for Sleaford and North Hykeham (Stephen Phillips) made the point that the age of legal capacity in England is 18, but it is worth making the point that it is 16 in Scotland.

[Mr McFadden]

I thank the hon. and learned Lady for her intervention.

The issue before us is the UK’s future in the European Union, a huge constitutional issue that will affect the future of the country and its citizens for many years to come. The rights of Britain’s young people will be directly at stake in the referendum. Let us consider the politics behind why the referendum is coming about. A major reason is concerns about how the free movement of people operates in the EU and in this country. Our citizens currently have the right to live, work and study in 27 other member states by virtue of our membership. I do not think there are many people who want us to leave the European Union but do not want to restrict the right of free movement. There may be some, but not many, and that is pretty high on the agenda of those who want to leave.

If we leave the European Union, and as a result decide that we will restrict the rights of other European citizens to come to live and work in the UK, we can be sure that reciprocal action will be taken against young people from the United Kingdom. The rights that British citizens currently enjoy to live, work and study throughout the EU are directly at stake in the referendum. Even setting aside the general debate about the right of 16 and 17-year-olds to vote in elections, that is a strong reason for giving those citizens the right to vote in the referendum. Their future is directly at stake.

It is 40 years since this country last voted on membership of the European Union. As we hear perennially in these debates, someone would have to be in their mid-50s to have voted in the last EU referendum. The referendum will not come around every few years. It is a generational decision that will have a direct impact on young people’s future rights, which is why I believe they should be given a voice in it.

--- Later in debate ---

[Tom Tugendhat]

I bow to my hon. Friend’s superior knowledge of Scottish law.

My point is not about 16 and 17-year-olds because my hon. Friend the Member for Norwich North (Chloe Smith) covered that so completely and so ably.

[Joanna Cherry]

Will the hon. Gentleman give way?

[Tom Tugendhat]

May I make a little progress, please?

I will instead make a few comments about citizenship, because that is what we are really talking about. This is a constitutional vote. It is not a tactical vote or a minor amendment; it is about the constitution and governance of our country. When someone chooses to be a member of our society and a participant in it, there are various things they can choose to do. They can choose to reside here for educational purposes and stay for year or two, or perhaps do a PhD and stay for longer. They can also choose to reside here for an occupation and stay for a few months or a few years; or they can choose—as I am extremely glad my wife has done—to reside here for significantly longer to raise a family, marry and settle. If they do so, they are choosing a specific state of existence in our nation. What they are not choosing is full citizenship, because that is governed by other laws.

[Joanna Cherry]

Following on from what the hon. Member for South Leicestershire (Alberto Costa) said in his intervention, the age of legal capacity in Scotland is 16.

[Tom Tugendhat]

The hon. and learned Lady has greater knowledge of that subject than I do, but I do not know whether her knowledge is greater or less than that of my hon. Friend the Member for South Leicestershire. I will leave it to them to debate that.