Wales Bill

Lord Tyler Excerpts

Monday 13th October 2014 Lords Chamber

Moved by

[Lord Tyler]

12: After Clause 1, insert the following new Clause—
“Franchise for Assembly elections to include 16 and 17 year olds
In section 12 of GOWA 2006 (entitlement to vote), at the end of subsection (1) insert “, or(c) those who would be so entitled and registered under this subsection had they attained the age of 18 but who at the time of an election held under Part 1 of this Act are aged 16 or 17 years old.(1A) For the purposes of this section, the Welsh Ministers must by regulation make provision for registration officers to take necessary steps to register 16 and 17 year olds.
(1B) Regulations for necessary steps under subsection (1A) must include, but are not limited to, those listed in section 9A of the Representation of the People Act 1983 (registration officers: duty to take necessary steps).””

[Lord Tyler (LD)]

My Lords, my noble friends and I are very pleased to lead on this group of amendments, just as we have led the debate on this issue for more than a decade. In that time, cross-party support has grown, not least for my Private Member’s Bill, which was debated in the House in October 2013. We are now pleased to have the support of the Labour Front Bench in both Houses.

Only the Conservative leadership remains unconvinced, and yet the irony is, of course, that it has been the Prime Minister himself who, through his agreement with the Liberal Democrat Scottish Secretary and with Alex Salmond, has let the genie out of the bottle. The evidence for this change no longer lies merely on foreign shores but here in the United Kingdom. The new clauses in Amendments 12 and 46 within the scope of this Bill argue separately for extending the franchise for Welsh Assembly elections, and for extending the franchise for any referendum on future tax-raising powers for the Assembly, to 16 year-olds and 17 year- olds.

Sixteen year-olds will be liable to pay tax. Why, then, should they not be responsible, in common with their fellow citizens, for voting on who should levy that tax? We support, too, the spirit of the Labour Front Bench’s Amendment 18, which would extend the right to vote to 16 year-olds at Welsh local elections. Indeed, on these Benches we support the extension to all United Kingdom elections.

This cannot any longer be considered controversial. What would be much more controversial, having extended the franchise on the question of the utmost importance of one part of the United Kingdom in the recent referendum, would be to retract that and go back to a voting age of 18. Removing that right from voters who have had that right in the upcoming general election would be extraordinary—and very controversial.

There will be an important election next year. What could be more important than the future governance of our country? Your Lordships’ House will be familiar with the excellent work of Kenny Imafidon in his two reports on democratic engagement among young people. He has given me a sneak preview of his third report, which rightly concludes:

“If we do not let 16- and 17-year-olds in Scotland as well as the rest of the United Kingdom, vote at our next election, we—the UK—will be the first democracy to enfranchise a group of voters, then take away their right to vote … for no logical reason”.

I could not put it better myself. Enfranchising 16 year-olds has plainly been a triumphant success in one part of the United Kingdom. It is extraordinary to note that their turnout was very good indeed. More than 80% of 16 and 17 year-olds registered to vote. That itself is a record.

No one could claim that their enfranchisement dragged down the overall turnout. The referendum had a higher turnout than any election in living memory. We all saw on our television screens young people who had been engaged by the process and were ready to vote again. What a scandal it would be if some of them were denied that right next year.

International evidence also supports those of us who would extend the franchise to all elections. Eva Zeglovits from the Austrian National Election Study team tells us:

“Results from Austria show that turnout of 16- and 17-year-olds is in fact higher than turnout of older first-time voters and is nearly as high as the overall turnout”.

The argument extends well beyond the simple issue of turnout. If not turning out were a reason for disenfranchising a group of people, all sorts would lose their vote. Some of us might say that, if maturity is the test of whether someone should be enfranchised, many older people would find themselves excluded. Indeed, extensive analysis of voting intentions in the Scottish referendum tells us that it was middle-aged men who took an arguably more emotional and less rational view in supporting independence. They could be said to have been immature.

Of course, their younger and older counterparts, and women, were a great deal more mature in their attitude to that particular question. Meanwhile, recent opinion polls and parliamentary election results might just suggest that it is an older demographic that is the most irrational and immature, giving reasons that seem to show that they are prepared to gamble with the country’s future in an effort to stop the world so they can get off. I suspect that even in your Lordships’ House nobody would argue that such emotional reactions warrant removing someone’s right to vote. Yet somehow that same argument is allowed to go unchecked in relation to 16 and 17 year-olds, whom people wrongly write off as unable to make a rational choice.

Again, there is some international evidence here. The Austrian experience is instructive. The latest study, to which I referred just now, also finds that while political interest was lower among younger than older age groups, young voters still made an informed choice when they cast their vote. It stated:

“The congruence between attitudes and the vote choice of teenage voters is comparable to adult voters”.

I know that the discussion goes on: why should 16 be right and 18 wrong? One of the strongest arguments is that those who cast their first vote at 16 are likely to do so in the community where they grow up, where it means something more to them than, perhaps, when they leave home and go to a different part of the country. We make so much in this country of the importance of a local link between representatives and those they represent. I endorse that, as someone who was very proud to represent the North Cornwall constituency for a fair number of years. That link is a key pillar in the argument for votes at 16.

In Norway, where they piloted votes at 16 just at local elections, the Institute of Social Research in Oslo found that turnout and interest is higher among 16 and 17 year olds than among the 18 to 24 year-old cohort. It says that two factors explain this:

First, 16 and 17 year-olds are more easily mobilised than their slightly older peers. They still go to school, live at home, and have not moved out of their local community. Second, the selected municipalities made considerable efforts to mobilise their young voters—this was also a prestige project.

It could and should become a prestige project here, too, with the aim of making a 16 year-old’s vote the first of many that they will cast through their life. Amendments tabled in the name of my noble friend Lord Roberts, along with the work done by Bite the Ballot, would also be crucial to that project, and to achieving success and extending the franchise. We will debate those amendments later this evening or on a future occasion.

We return from the Summer Recess celebrating that our United Kingdom is still united, and with an unexpected bonus. The referendum opened up debate about how our democracy works and blew away old assumptions about participation. The idea that the electorate is congenitally apathetic was confounded by the response of the Scottish people to a real democratic choice. For too long it has been our political establishment that has been apathetic, content to leave things as they are in the hope that a few middle-aged voters in a few middle England marginal seats would deliver one or other party a tired victory at each election. Well, no more. Extending the franchise is a first step to reinvigorating our politics, creating a seamless link between citizenship education, voter registration and then active participation in the electoral process itself.

Our amendments argue that we should do this in Wales, but we should do it in the whole of our renewed United Kingdom, debunking the idea that these basic rights should differ around the UK. We argue for an equal, constant right for all 16 and 17 year-olds to vote in the election next year, the devolved elections after that and, certainly, in any referendum on the vital political and economic issue of the future of this country in Europe. This right should extend to all UK citizens with the responsibilities in society which 16 and 17 year-olds now bear. Any other outcome after the Scottish experience would amount to completely unacceptable discrimination—evidence of a disunited kingdom. Votes at 16 is a principle for which I and my colleagues have argued tirelessly. It is an idea whose time has come—now. I beg to move.

[Baroness Gale (Lab)]

My Lords, I shall speak to Amendment 18, which is in my name and that of my noble friend Lady Morgan of Ely. I am very pleased to follow the noble Lord, Lord Tyler, who made such an excellent case for votes for all 16 year-olds in all elections.

The Labour Party position is quite firmly that 16 year-olds should be able to vote in general elections. We believe that the time has now come for 16 year-olds in Wales to be able to vote in the Welsh Assembly elections. Ed Miliband confirmed at the Labour Party conference that there will be a manifesto commitment for next year’s general election, which will include a pledge to lower the voting age to 16 for general elections, as we pledged in the 2010 general election. That would allow more than 1.5 million 16 and 17 year-olds to participate in elections for the first time.

We saw how the 16 and 17 year-olds came out to vote in the Scottish referendum. The shadow Justice Secretary, Sadiq Khan, has said:

“Despite warnings from the sceptics, 16 and 17-year-olds did come out and vote and engage in the big issues over the future of Scotland. This is all the more reason why the voting age should be lowered for all elections. It’s an idea whose time has come”.

Labour has been calling for a lowering of the voting age for some time. After the referendum in Scotland, there is very little reason why it should not be full steam ahead for all the elections.

The Welsh Labour Government believe that lowering the voting age would demonstrate a strong commitment to an effective democracy in our nation. Encouraging and engaging young people in this way would help to improve voter turnout, again, as the recent experience in Scotland has shown. Lowering the voting age would also clearly demonstrate to young people in Wales that they are being taken seriously and that their views will be listened to. The Welsh Government support and value strong, effective democracy and recognise that the involvement of young people in the democratic process is essential to achieving that. At present, 16 and 17 year-olds are deemed old enough to pay taxes, leave school, marry and join the Armed Forces, along with a wide range of other responsibilities. Why should they be denied the right to vote on how those taxes are spent, as well as on the direction of education, defence and other public policies?

However, the Welsh Government currently do not have the power to legislate on the voting age for elections held in Wales, as the UK Government retain responsibility for the conduct of elections and for the franchise. That is why the amendment is before your Lordships’ House tonight. While the Welsh Labour Government do not have the power to lower the voting age across Wales, in decision-making they encourage youth and pupil participation and have enabled them to have an important voice in our society. One example is the Local Government (Wales) Measure 2011, which provided for the appointment of up to two community youth representatives to a community council.

In 2002, the Welsh Government established the Sunderland commission on electoral arrangements. It looked at local government electoral arrangements and recommended a reduction in the voting age to 16. Regulations from the Welsh Labour Government in 2005 also established school councils in maintained primary and secondary schools in Wales. They play a part in making key appointments, as well as implementing budget decisions and representing the views of their peers, which is part of learning about the democratic process. We have given that responsibility to younger people and they have shown that they can deal with it.

--- Later in debate ---

[Lord Tyler]

My Lords, until the last few seconds of my noble friend’s contribution I thought that we were going to have a very nice end to the evening. I have heard in this House and in the other House the doctrine of unripe time so often that it is frankly getting rather boring.

I remind my noble friend that in the House of Commons debate to which she referred there was actually a majority in favour of making this change. What is different about this issue compared with a number of the others discussed earlier in the evening, all of them important, is that the clock is ticking on this one. Those young 16 and 17 year-olds in Scotland will in a matter of eight or nine months be denied the opportunity to use their democratic right again. The clock is ticking on this. We cannot say that it can be easily delayed and dealt with in other legislation, and that it is premature. The vote in Scotland means that we have to adopt the wholesale approach and avoid the piecemeal one to which the Minister has been referring. We have to make progress on this one. The initiative has already been taken in Scotland, with support across all parties. That is what is different about this issue.

I know that the Minister’s sympathies are entirely with us on this, but I must warn her that she should warn her colleagues in the coalition that this issue is not going to go away. It will come back on Report in your Lordships’ House. If we are able to make sure that it does, it will come up again in the other House. The time has come for this issue. It cannot be delayed. Nevertheless, for the time being I am happy to withdraw this amendment.

Amendment 12 withdrawn.