European Union Referendum Bill

Lord Hamilton of Epsom Excerpts

Wednesday 18th November 2015 Lords Chamber

[Baroness Royall of Blaisdon (Lab)]

My Lords, I too, support this amendment, to which I have added my name. There are many people living all over the European Union who, as the noble Lord has said, have done fine service for our country and who are still receiving pensions from this country and paying tax in this country, and they deserve a voice. This is one of the most important votes that will have happened in their lifetime, and they certainly deserve a voice, as I say.

I respect the coherent position of my own party, although I disagree with it, but I do not understand the incoherent position of the party opposite, as was said by the noble Lord, Lord Hannay, and other noble Lords. The Conservative Party has, I believe quite rightly, said that it will extend the franchise. This is the most important vote for many of those people to whom the franchise will be extended, so why cannot it be extended now? Why cannot that legislation be brought forward before we have the referendum? That is a simple question, and I believe it is the proper one to ask.

[Lord Hamilton of Epsom (Con)]

My Lords, why do I smell another rat here? It seems to me that this is once again trying to slew the whole playing field, which we have desperately been trying to keep level, in favour of those who want to keep us in the EU. It has been quite established for some time. There is the argument that it is very unfair for these people who have been abroad for more than X number of years that they cannot vote in the referendum. But they cannot vote in general elections either. It is quite extraordinary that we seem to be determined all the time to bring in amendments that will make it more likely that we will stay in the EU than leave it.

[Baroness Ludford (LD)]

Does the noble Lord believe that the Conservative manifesto commitment to raise the 15-year cap in the future is also an attempt to fix the electorate?

[Lord Hamilton of Epsom]

A large number of commitments have been made in manifestos that have not been brought in. That is rather like, by the same token, arguing that this is the moment to change the electoral mandate for 16 and 17 year-olds. Are we going to bring all these changes in on the back of a referendum Bill? Like my noble friend Lord Forsyth, I believe that we should have a constitutional convention to look into all these things. The whole thing is becoming more messy and piecemeal as it goes along, and I certainly do not approve of that at all.

All the time, amendments are being brought forward that are designed to make it more likely that the electoral register will be slewed in such a way that more people will vote to stay in than to leave.

[Lord Hannay of Chiswick]

I wonder whether the noble Lord would agree that voting for this amendment will make the electorate less piecemeal, not more piecemeal. It is the exclusion of people who are British citizens that is piecemeal and which his party, which he seems to treat with contempt, proposes to remedy. This is really quite an odd thing for him to do. It would be much more logical if they were included.

[Lord Hamilton of Epsom]

All the time, we seem to be trying to change the existing electoral register in favour of those who are more likely to vote to stay in than they are to leave. This is quite clearly changing the whole thing in favour of those who want to stay in the EU. I do not know why the noble Lord actually denies this. Does he really think that people living in the EU for more than 15 years will vote to come out? It is extremely unlikely. He knows that as well as anybody else. We have established that there is an electoral register and now we are starting to mess about with it. Once it includes the 16 and 17 year-olds, a whole host of other people can be put in. That moves totally away from the original register on which we were having this referendum.

If everybody wants to hold a referendum in this country which is narrowly won by those who say we should stay in the EU when there is all the gerrymandering that has been going on, do noble Lords really think that that decision will be accepted by the country when it is obvious that the whole thing has been slewed in favour of those who want to stay in the EU?

[Lord Green of Deddington (CB)]

I can help the noble Lord. He will not be surprised to hear numbers from me, or that I am repeating them. We are talking about 1.3 million people, according to the UN Population Division. Some of those will be minors because that figure does not distinguish between minors and adults, and some will have been in Europe for fewer than 15 years. There are no statistics and no way of knowing exactly how many people would be covered by this amendment, and I am not suggesting that there is. However, if we start with that 1.3 million, probably 0.3 million of them are minors, so we are left with 1 million, of which—who knows?—maybe 0.5 million or 0.3 million have been in Europe for more than 15 years. Whichever way we look at it, the noble Lord is quite right that this is a significant number of people, running into hundreds of thousands. We should be aware of that when we consider the amendment.

[Lord Hamilton of Epsom]

I am grateful to the noble Lord, and it is very helpful to have a few statistics to bring everything more vividly to light. I give way to the noble Lord.

[Lord Howie of Troon (Lab)]

I did not intend to interrupt the noble Lord; I thought he had finished.

[Lord Hamilton of Epsom]

In which case I will sit down and listen to the noble Lord.

[Lord Howie of Troon]

So, the noble Lord has finished. I want to add no more than a pennyweight to this debate. It is based on personal experience, in that I have been excluded from no fewer than three referendums in recent years—two on the question of devolution in Scotland and one on the question of Scottish independence.

In my maiden speech in this House in 1978, I spoke about those who were Scots by birth or upbringing, or like me having a Scottish title, who because we had lived in London or England for some time were excluded from that referendum. All I wish to say is that, like those who live abroad and yet retain their allegiance to the United Kingdom, I living in England—and opposing independence, let it be said—retain an affection and loyalty to Scotland. Therefore, having been excluded from those referenda, I have a continuing feeling of resentment and annoyance. Those who, like the civil servant in Brussels mentioned earlier, are excluded from this referendum will quite rightly have a feeling of resentment and undue exclusion. I support the amendment.

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Moved by

[Lord Hamilton of Epsom]

7A: Clause 2, page 2, line 32, at end insert—
“( ) Regulations under section 1(2) may not be laid before either House of Parliament unless the Electoral Commission has certified that any persons in the United Kingdom who would not be entitled to vote as electors at a parliamentary election in any constituency but are entitled to vote in the referendum by virtue of this section have had sufficient time to register to vote (the meaning of “sufficient time” having been determined by the Electoral Commission).”

[Lord Hamilton of Epsom]

My Lords, I hope that we are now moving into slightly calmer waters. I tabled this amendment in anticipation that the House might vote to enfranchise 16 and 17 year-olds. I do not think there can really be too much opposition in the House to my amendment because we have to ensure that the new franchise actually happens. The amendment enfranchising 16 and 17 year-olds passed by a very big majority in your Lordships’ House and it may well be that it never comes back from the Commons, either. There are a number of different reasons why the other place might actually accept the amendment, so there may well be no future opportunity to amend it.

The whole point of my amendment is to ensure that we do not enfranchise 16 and 17 year-olds with one hand and disenfranchise them with the other. We have heard different stories from the Electoral Commission. The noble Baroness, Lady Morgan, said that she had been assured by people at the Electoral Commission that it would be possible to get all this through by September. But we are in uncharted waters and we really do not know how long it is going to take to get the new register drawn up; it is completely new territory. All these people have to be individually registered, which may take a quite serious amount of time.

All my amendment does, which I am sure must be acceptable to the House, is to say that the Electoral Commission must be able to tick the box for the Government and say, “Yes, we have got a decent number of 16 and 17 year-olds on the electoral roll”—I am not saying it should come back and say that it has got 100% of them—and that should be acceptable to everybody. We do not want to end up with a whole lot of 16 and 17 year-olds going round saying, “I was told that I had a vote but I never got on the electoral roll”— because the process was only half completed, or whatever. So is it really too much to leave it to the Electoral Commission to tell the Government or whoever is deciding on the date of the referendum when the new register has been drawn up and everything is in place?

I do not pretend to know how long the process is going to take. At one stage the Electoral Commission was telling us that it would take up to 12 months. It is now reining back from that and saying that perhaps it will be quicker. But that is not really where I come from. It does not matter how long it takes. If it takes three months, fine. If the Electoral Commission can come back in three months and say that the job is done, that is absolutely fine and the referendum can be held after that. But it is very important to ensure that we do not, as I say, give enfranchisement to 16 and 17 year-olds with one hand and then, by having a very early referendum, ignore all those who are not on the electoral roll and take it away with the other. That is the point of my amendment. I beg to move.

[Lord Wallace of Saltaire (LD)]

My Lords, if I had heard the noble Lord, Lord Hamilton of Epsom, arguing against this I would think it a blatant attempt to bias the level playing field of which he is so fond by delaying the referendum. This amendment is simply unnecessary because the Electoral Commission will of course vouch for when the process has reached an appropriate stage. We therefore do not need to write this into the Bill. While I am on my feet, in his last speech during Committee the noble Lord referred to our friends and enemies within the European Union but did not specify which Governments he thought were our enemies within it. If he is going to reply, it would perhaps be helpful if he said whether they are the German Government, the French Government or others, because that would help us in understanding where he is coming from in the various amendments he has tabled.

[Lord Hamilton of Epsom]

That is a particularly silly point from the Liberal Benches. I was merely making the point that we have people who are on our side in certain negotiations, and people who are against us. That was the rather loose way in which I used the term “enemies”. To go back to the noble Lord’s earlier point, the fact is that the Electoral Commission’s job is to advise the Government, who do not have to take its advice. The Government could say, “There is a wonderful opportunity now to win this referendum” and hold it after three months, when only a handful of 16 or 17 year-olds would be on the register.

[Viscount Ridley (Con)]

My Lords, I will speak briefly in support of my noble friend Lord Hamilton’s amendment. The key point was that in discussing the amendment on 16 and 17 year-olds, it was clearly said to us that it did not allow sufficient time to ensure that we get the electoral register right. We also heard that the Electoral Commission thought that there was an issue with individual registration being different from household registration. We may well see a specific issue in Scotland, in that people who got on the register for the Scottish referendum may now find that it is not so easy to get on the register for this one, given the amendment we have just passed, because they have not gone through the individual registration process. There has to be clarity and time to get the electoral register right.

I come back to the point I made in Committee and which has been made here. The crucial thing is to make sure that this is as fair and final a referendum as we can manage, so as to settle the issue once and for all. It would be a great mistake—

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[Baroness Smith of Newnham (LD)]

My Lords, I do not believe that this amendment is necessary. It is very reassuring to know that noble Lords opposite, who were opposing votes for 16 and 17 year-olds a few minutes ago, are now so concerned to ensure that those people who may now have the vote—

[Lord Hamilton of Epsom]

Does the noble Baroness not accept that those people who believe in democracy accept a democratic vote?

[Baroness Smith of Newnham]

My Lords, I am very pleased to hear that. We have all talked about making sure that this is a level playing field, so I am delighted to know that noble Lords are keen to ensure that people who will be entitled to vote can be registered. However, the issues are whether this needs to be in the Bill and whether we need to wait until the annual register, which starts in July 2016. We have a rolling electoral register. Can the Minister say whether it would be possible to look at registration at an earlier stage? Lest anyone think that I am trying to skew things by looking for a quick referendum at a later or earlier date, we do not know the date, so we have the veil of ignorance. However, we will know relatively soon when we shall have Royal Assent for the Bill. Could the Electoral Commission not set in train the process of registration as soon as Royal Assent is granted?

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[Baroness Morgan of Ely]

My Lords, of course we want proper registration to take place. We know that it will take a bit of time, and that exercise is now, to an extent, in the hands of the Government. They could start that process now. They could already indicate the direction in which they would like to go. Whether the referendum will be held up or not is therefore in their hands.

[Lord Hamilton of Epsom]

Is the noble Baroness saying that the process of registration should start tomorrow? Surely it can start only after the Bill is granted Royal Assent.

[Baroness Morgan of Ely]

Of course I understand that we have to wait for Royal Assent, but people could start to gear up: they could be given an indication that this is on its way. It is in the hands of the Government to determine whether that happens. We could gain a couple of months if the Government got on with the job right now, now that we have had a clear indication from this House of the way we want to go

Of course we want proper registration. We have spoken to the Electoral Commission, which has made it clear that it thinks it can do this within a nine-month time frame. The electoral administration authorities have said the same thing. Electoral registration officers at local authority level, given resources, can also deliver it. We now have a rolling registration process. There is no cut-off date, as in the past. None of us knows the timing of the referendum. None of us knows whether the Prime Minister will be able to convince other member states of the merits of his reforms.

I agree that we need to make sure that there is sufficient time. I do not know how long that is, and I would like to know what the Electoral Commission thinks is sufficient time before agreeing to the amendment. Given the earlier vote and the clear indication from this House, I suggest that the Minister look seriously at what needs practically to be put in place, but the amendment is unnecessary.

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[Lord Faulks]

I accept the gentle rebuke from my noble friend. If I seemed to imply that, I would like to disabuse him. The central message that I wish to convey is that there is no point in the Government trying to second-guess the motives behind amendments, nor indeed to try to anticipate how individuals will vote in the event of a restriction or extension of the franchise. The question is whether the amendment is something that helps the Bill, and whether it is a reasonable amendment to incorporate in the Bill. We take the view that it is the Electoral Commission that should advise us how best to achieve what we must achieve, depending on what the legislation ends up telling us to do. It would not be appropriate to give the commission effectively a form of veto over the Government and Parliament’s decision as to whether a referendum should be held. I respectfully say that this Government, working with the commission, electoral registration officers and civil society will do all that they can to allow any newly enfranchised voter to have the opportunity to register. However, I am grateful to noble Lords for discussing an important fact—that there will need to be some work done to respond to any change in the franchise, and it will be challenging work. The Electoral Commission will do what it is supposed to do. But I respectfully ask my noble friend, without in any way impugning his motives, to withdraw his amendment, in the reassurance that its duties will be discharged, if it becomes necessary.

[Lord Hamilton of Epsom]

I am very disappointed in my noble friend, because he is basically saying that the advice of the Electoral Commission could be overridden. If he is not saying that, it is quite difficult to see why he is rejecting my amendment. I think that people will find it very difficult to understand how, on the one hand, you enfranchise 16 and 17 year-olds and then, on the other, leave the Government free to hold the referendum in three months when only one-quarter of the 16 and 17 year-olds are on the register. That is the illogicality of the position that he is in. However, I am incredibly heartened by the advice that he received from the noble Baroness, Lady Morgan, because she told him that he should go away and think again about this—and I seriously echo that sentiment. I shall withdraw the amendment now, but I want him to think very carefully about this, so I shall resubmit it at Third Reading. In the mean time, he can give some serious thought as to how the problem can actually be dealt with.

Amendment 7A withdrawn.