European Union Referendum Bill

John Penrose Excerpts

Thursday 18th June 2015 Commons Chamber

[Huw Merriman]

I will not give way because I believe I must end my speech. Changing the rules on which citizens can vote in the referendum would lead certain electors to accuse the House of taint and of trying to fix the outcome one way or the other. The way to get a successful referendum is to leave it as uncontroversial and to leave the rules on voting in place.

[The Parliamentary Secretary, Cabinet Office (John Penrose)]

I thank all Members for yet another constructive, interesting and well-informed debate. Members from all parts of the House have spoken in some depth about the important matter of who can take part in this referendum.

Before I discuss the amendments, let me say a few words about why the general principle, which underpins the Bill, sets out the entitlement to vote. I will try to be brisk, because I want to leave a few moments for the SNP Front-Bench team to have a few words at the end.

--- Later in debate ---

[Mr McFadden]

Is not this the crucial point rather than arguments about ancestry or length of residence? Is it not the case that in any recent referendum on a European question held by a member state—whether that was the Austrian referendum on accession in 1994, the referendums held more recently in France and the Netherlands, or the frequent referendums held in Ireland on various EU treaty changes—residents from elsewhere in the EU have not been given the vote?

[John Penrose]

The right hon. Gentleman is absolutely right. It would be lopsided indeed if we were to take a different approach for our nationals than has been done elsewhere in the EU. As I was saying, British citizens were not entitled to vote in the Dutch or French referendums.

Finally, switching from the parliamentary to the local elections franchise would block British citizens living abroad from voting at all, because they are not entitled to vote at local elections. The net effect of the amendments would be to deny British citizens living abroad the right to vote on their own country’s future while giving that right to other Europeans who are living here but have chosen not to become citizens. That strikes me as fundamentally unfair and inequitable. I hope that the hon. Members will withdraw their amendments when the time comes.

We have also heard about the need to give the vote to 16 and 17-year-olds for the first time in a UK-wide poll. There are a number of amendments to that effect, in the names of the right hon. and learned Member for Camberwell and Peckham (Ms Harman), the right hon. Member for Gordon and the hon. Member for North East Fife (Stephen Gethins). This is a referendum about an issue of huge national significance, and the starting point for determining who is entitled to vote must therefore be the franchise for parliamentary elections. Members will be aware that the voting age for parliamentary elections is set at 18. The voting age was 18 in the 1975 referendum on EC membership and the 2011 alternative vote referendum.

Let us not forget, as a number of Members have pointed out, that the voting age in most democracies, including most member states in the EU, is also 18. Only Austria in the EU currently allows voting at 16, although we have heard that Scotland is now heading in that direction, and that it is just hours away from extending its franchise for Holyrood elections as well, as is their devolved and democratic right. I salute its ability to do that.

Hon. Members have pointed out the precedent of the Scottish independence referendum, which was of course based on the devolved right, as we have heard. It is also right that the decisions about the franchise for elections and referendums that take place throughout the United Kingdom should be taken by this Parliament, in the same way as decisions taken for the franchise for elections to Holyrood are taken by the Holyrood Parliament.

[Peter Grant]

I recognise that this Parliament will take the decision, but will the Minister explain why he is so keen to follow the example set by other EU countries, which so many of his colleagues want to cut us off from, and why he will not follow the example of a country that his colleagues suggest should stay attached to the United Kingdom?

[John Penrose]

I refer the hon. Gentleman to the comments made by the right hon. Member for Wolverhampton South East (Mr McFadden). There is a degree of symmetry here and it would be bizarre indeed, as my hon. Friend the Member for Torbay (Kevin Foster) pointed out, to allow 16 and 17-year-olds to vote on an issue of such national importance when they cannot vote on their local council and on who collects the bins. This needs to be done on a broader basis, and I shall come on to that point in a minute.

Hon. Members have also said that young people are engaged and politically active. That is absolutely true, but it is also true of many 15-year-olds and not of some 50-year-olds. Political engagement is not a strong enough justification in and of itself for giving or denying the vote. Another argument that we have heard is that people can marry or join the Army at 16, and we have heard of a series of other activities that can or cannot be done at 16, 17, 18 or 21. I think the examples given included driving steam tractors. The important point is that in this country we have always viewed attaining adulthood and majority as a process rather than an event. It is not neat—I do not think it can be—and it varies from person to person and by activity to activity. If we want to compare different activities, the list on the parliamentary website that has been mentioned of things that are allowed at 16, 17, 18 or otherwise includes body piercing and having a tattoo at 18. I do not think that those are necessarily fruitful or relevant comparisons. We need to accept adulthood as a process, not an event, and that it is therefore tricky to deal with.

A number of my colleagues have said that they agree with, or are at least sympathetic to, the principle of votes at 16, but are concerned that it should not be done just for this election. I agree with that point. Many Members, such as my hon. Friends the Members for Warwick and Leamington (Chris White), for Norwich North (Chloe Smith), for Colchester (Will Quince), for South Suffolk (James Cartlidge), for Eastleigh (Mims Davies), for Torbay (Kevin Foster) and for Bath (Ben Howlett), felt the same way and said that this is an important decision that needs to be taken for the franchise as a whole rather than for an individual election. I believe that that is right and I do not believe that this Bill is the right place to make significant changes to the franchise.

[Alex Salmond]

Is it not reasonable to make the case that if the Scottish Parliament, Government and the then First Minister had not legislated to allow 16 and 17-year-olds to vote in the Scottish referendum, the current Scottish Administration would not be in a position to legislate for 16 and 17-year-olds to vote in next year’s Scottish election? Is it not time to start the process?

[John Penrose]

I am coming to the timing in a minute, if the right hon. Gentleman will allow me.

Although I do not think that this Bill is the right place to make significant changes to the franchise, the debate on the voting age is important. The Prime Minister himself has said that he thinks that it is right that it should take place, but making a change on this scale for a single specific vote will simply invite criticism that we are choosing a franchise that has been deliberately skewed for a low and partisan party political advantage. It is far better to hold the debate when the long-term question of votes for 16 and 17-year-olds at all future elections can be properly and soberly debated, and a moment’s glance at the Conservative party’s election manifesto, something that I am sure is bedtime reading for everybody on the Opposition Benches, will show that there should be opportunities to do just that during the course of this Parliament.

I now come to the amendments proposed by my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips)—I am never sure whether that is pronounced “Hickham” or “Hikeham”, and I apologise to his constituents if I have mispronounced it. He asks why the Bill does not enfranchise Irish citizens resident in Gibraltar. It is extremely hard to identify Irish citizens in Gibraltar on the voting register, and it is not something that is done currently. At present, we do not have agreement from the Government of Gibraltar to do that, because it would clearly impose duties and work on them. It is also true that no one is quite sure how many Irish citizens there are in Gibraltar, although most estimates are pretty low. Although I cannot predict the outcome, I promise my hon. and learned Friend that we are already discussing the matter in some depth with the Government of Gibraltar and will continue to do so.

My hon. and learned Friend also asked about the definition of Commonwealth citizens. For the purposes of elections, schedule 3 to the British Nationality Act 1981 sets out the list of relevant countries. Two are not currently members of the Commonwealth, and citizens of those countries would be affected by the amendment. The first is The Gambia, which withdrew from the Commonwealth in October 2013. The Government have not yet removed The Gambia from the list of countries in schedule 3, but will do so at the next suitable opportunity. Once we have made that change, citizens of The Gambia will no longer have Commonwealth voting rights. Crucially, the second is Zimbabwe, which left the Commonwealth in 2003. At the time, the Government decided to maintain Commonwealth rights for Zimbabwean nationals, based on the view that Zimbabwean people should not be punished for the actions of a Government that the UK did not consider democratically elected. Given our serious concerns about the 2013 elections in that country, this view remains.

Amendment 52 deals with votes for life. I think the hon. Member for Ilford South is trying to be helpful by tabling an amendment that is closely in line with my own party’s manifesto, and I thank him for that. I am not sure how his party’s Front Benchers feel about it, but he has not let that stop him and I salute his courage and determination. I am now hoist on my own petard, though, because having made the argument that this is the wrong Bill through which to deal with 16 and 17-year-olds voting, I must abide by my own logic on this point. However, I can give the hon. Gentleman the same assurance as I gave my hon. Friends, including my hon. Friend the Member for Totnes (Dr Wollaston), who was worried that we were kicking the question of 16 and 17-year-olds voting into the long grass. There will be opportunities in this Session of Parliament to vote on the matter, because we will be introducing our own Bill on votes for life, which will apply to all franchises, to make sure that British citizens who live abroad who are not currently able to vote and exercise their democratic rights, even though they are citizens of this country, are able to do so. I look forward to having the hon. Gentleman’s support, even if not that of those on his Front Bench, on that very important matter.

[Stephen Gethins]

I thank you, Sir Roger, the Minister and my hon. Friend the Member for Glenrothes (Peter Grant) for making time for me to sum up this good debate on a significant issue. I hope you will not mind my saying that it is good that we are discussing our relationship with Europe on this, the 200th anniversary of the battle of Waterloo. We remember those on all sides who fell on that day.

To deal with votes for 16 and 17-year-olds first, a number of Conservative Members, including the hon. Members for South Suffolk (James Cartlidge) and for Norwich North (Chloe Smith), seemed to be all for 16 and 17-year-olds having the vote—but not just yet. There is overwhelming evidence from the Scottish independence referendum—I presented it, my hon. Friend the Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) presented it, my hon. Friend the Member for Edinburgh East (Tommy Sheppard) presented it—that extending the franchise to 16-year-olds is a good thing for democratic participation from an early age. As the Electoral Reform Society said: vote early and then vote often throughout life. The University of Edinburgh agrees. I pay tribute to the hon. Member for Totnes (Dr Wollaston), who in an excellent speech made some outstanding points on the contributions made by 16 and 17-year-olds, drawing from her own experience.

We all have a responsibility to try to increase young people’s participation. This is a good place to start. My right hon. Friend the Member for Gordon (Alex Salmond) made a pertinent point when he said that everyone talks about when we start, but there is no time like the present, folks. We have all been elected here to make decisions, so let us make a decision, tonight, to give young people the opportunity to vote in next year’s referendum, to get involved in the debate and to make their voice heard in that democratic process.