Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023

Lord Khan of Burnley Excerpts

Wednesday 18th October 2023 Lords Chamber

I raised the question of environmental referendums in neighbourhood plans, and I sent a copy of the letter to the Electoral Commission, the AEA, the noble Lord, Lord Rennard, the noble Baroness, Lady Hayman, and others because, as I indicated at the end of that letter, these are broad electoral matters—I am referring to page 31 and the requirement to ensure that ratepayers, who may be multiple ratepayers, are fully aware that they are entitled to vote only once in the area where a referendum is taking place, even if they have more than one property there. I was seeking clarification on the guidance because the police had decided not to take action where somebody voted five times because he maintained that he genuinely believed that he was so entitled. The response from the police was that the guidance was not clear. I was seeking a response from different people and the response I received from the Minister said that I was asking the department to intervene on a police operational matter. I was not; I was seeking clarification on the guidance. I am taking this opportunity to re-emphasise that somebody, whether the Electoral Commission, the law or whatever it is, has to make the guidance clear so that people cannot reasonably come to that conclusion, and the full force of the law can be applied to somebody who votes five times when they are entitled to vote only once.

[Lord Khan of Burnley (Lab)]

My Lords, these instruments would implement provisions in the Act to remove the automatic right of EU citizens to vote and stand in local elections in England and PCC elections in England and Wales.

After their implementation, only EU citizens from countries that currently have a bilateral treaty with the UK or citizens lawfully resident in the UK before 2021 would have the right to vote and stand. Of the 2.1 million EU citizens affected in England, around 160,000 are expected to be removed from the register—a point made by the noble Lord, Lord Rennard.

As a principle, Labour believes that people who contribute to society, work hard and pay their taxes should have some say in decisions being made for their community. This is about not just who can vote but devolving power to communities so that they have a say over local decisions. Current rights give EU citizens the power to vote and stand in local elections, regardless of immigration-based eligibility criteria. However, we recognise that the status quo around decision-making cannot continue following our departure from the EU and we will not oppose the regulations today.

Can I press the Minister on the important franchise changes due to come into effect from 7 May 2024? If a general election takes place prior to this, will this timescale remain feasible? Can the Minister also provide an update on the guidance being prepared for electoral registration officers? The Explanatory Memorandum states that it will be completed by the end of 2023.

My final point was made also by the noble Lord, Lord Rennard. What work are the Government doing with local authorities to ensure that the 160,000 EU citizens affected have clear guidance on how they can become permanent citizens and change their criteria in order to vote?

[Lord Mott (Con)]

I thank the noble Lords, Lord Khan and Lord Rennard, and my noble friend Lord Hayward for taking part in this debate. I would like to add some explanation in light of one or two of the issues that have been raised.

First, to pick up on my noble friend Lord Hayward’s point about neighbourhood plan referendums, I am happy to arrange that meeting with officials after this debate and to look into that further. My noble friend and I have discussed it at some length in the past few weeks and it seems to me that a very small tweak is required to make it more straightforward. I am happy to facilitate that after today.

The noble Lord, Lord Khan, made some very important points on preparation and dates, and I will come back to him on the specifics. Obviously, it is not in the gift of your Lordships’ House to call a general election; nevertheless, it is very important to make sure that everything is ready and that all electoral registration staff are completely prepared, were that to happen.

Probably the most substantive issue raised in the debate was that raised by the noble Lord, Lord Rennard, on EU citizens. Parliament resolved to update the electoral franchise in the Elections Act 2020, and the UK Government’s position remains unchanged: the right to reside in the UK should not automatically confer the right to participate in our democratic processes. Now that we have left the European Union, the right to vote and stand in local elections, which we granted as a consequence of our EU membership, cannot continue. The parliamentary franchise is rightly restricted to British citizens and those with the closest historic links to our country. As noble Lords are aware, there has never been a general right for European nationals to vote in parliamentary elections. I am happy to write to the noble Lord giving more detail, and I know he has a very strong view on this, but I would now like to close the discussion.

I know that all Members of the House support these instruments enabling us to enact Parliament’s duty to uphold the franchise and ensure that we continue to meet our commitment to respect the rights of EU citizens who have made their home in the UK. I am therefore pleased to be able to introduce these measures. I beg to move.