European Union Referendum Bill

Pat McFadden Excerpts

Thursday 18th June 2015 Commons Chamber

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

I rise to speak to amendment 1, which would extend the franchise for the referendum to 16 and 17-year-olds, and amendment 2, which would have a similar effect in Gibraltar.

The franchise that has been chosen for the referendum, which is set out in clause 2, is the franchise for UK parliamentary elections, but with two exceptions. First, it is extended to peers, and secondly, it is extended to the people of Gibraltar. The Opposition have no objection to those two extensions of the franchise, but we believe that they are incomplete. My right hon. Friend the Member for Leeds Central (Hilary Benn) flagged up our concern on this issue on Second Reading, when he said that we wished to extend the franchise to 16 and 17-year-olds for the purposes of the referendum.

There has been an active debate for some years about extending the franchise to 16 and 17-year-olds, and we heard some of the arguments in the initial exchanges of this debate. People of that age can pay income tax and national insurance, obtain tax credits, consent to sexual relationships, get married, enter a civil partnership, become a company director and do many other things. In fact, both my party and the Conservative party allow them to join and have a vote in the selection of the party leader, if they so wish. Until very recently, 16 and 17-year-olds could not vote in national or local elections, despite their ability to select someone who aspires to become Prime Minister.

[Mrs Anne Main (St Albans) (Con)]

If the right hon. Gentleman is going to cite a list of things that people can do at 16, he also needs to consider the things that they cannot do. They cannot leave school without being in full-time education until they are 18. They are protected in law as a minor if they commit a crime. They do not serve on the front line. They can only get married with parental permission, and they cannot buy fireworks, alcohol or cigarettes. I do not see the point of trading these lists. We have made a decision that young people at the ages of 16 and 17 receive protection in law, up to a point. That is agreed in relation to the franchise.

[Mr McFadden]

The hon. Lady makes the point that not every right and legal responsibility is conferred on people at 16. That is true, but many of them are. The question of the right to democratic participation is therefore not a science, but a matter of judgment. That judgment will be the subject of the rest of my remarks.

[Mr Sheerman]

I find this very awkward, because I nearly always agree with my right hon. Friend, but is not what is missing from this debate the responsibility that we have as parliamentarians to care for young people who are very vulnerable? Up and down this country, young people are vulnerable to sexual predators and ghastly things happen to them right up to the age of 18. This move towards making people adults at 16 will make a lot of young men and women more vulnerable to sexual predation than they are at the moment.

[Mr McFadden]

I have huge mutual respect for my hon. Friend, but I do not see the connection between extending voting rights to people at 16 and making them more vulnerable to sexual predators.

Of course, the first major poll in the UK in which 16 and 17-year-olds were allowed to vote was last year’s Scottish independence referendum. That major referendum tested all the familiar arguments that we have heard before and which we may hear in this debate about whether such people are old enough to understand the issues and mature enough to take part in the debate and exercise their democratic responsibilities. I do not think that anyone on either side of the independence debate argues that Scotland’s 16 and 17-year-olds did not pass those tests with flying colours. Many campaigners have said that the debates among 16 and 17-year-olds were some of the most engaged and informed of the referendum campaign. The post-referendum report by the Electoral Commission said:

“109,593 16 and 17 year olds were included on the registers by the registration deadline and 75% of those we spoke to claimed to have voted. Importantly, 97% of those 16-17 year olds who reported having voted said that they would vote again in future elections and referendums.”

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my right hon. Friend agree that schools and colleges have a role to play? Perhaps the thought that anyone who is vulnerable or who has certain issues can have a wider debate in the school or college context, and therefore be better educated about democracy and the role it can play, will put the mind of my hon. Friend the Member for Huddersfield (Mr Sheerman) at rest.

[Mr McFadden]

I do not think any of us would ever want schools to be engaged in partisan debate, but schools do have an important role in teaching young people about citizenship, their responsibilities, the importance of elections and so on. My hon. Friend is right about that.

The experience of last year is that young people did understand the issues and did take part. They felt empowered by their democratic choice, not apathetic or overawed. They exercised their democratic rights in huge numbers and, afterwards, said that they would be more likely to vote again. The hon. Member for North East Fife (Stephen Gethins) quoted the leader of the Scottish Conservative party as saying that she is now

“a fully paid-up member of the ‘votes at 16’ club”.

There may be a relationship between allowing votes at 16 and 17 and encouraging voting in the 18 to 24 age group. If we get young people registered early and they stay on the register when they are between 18 and 24, it might address the low turnout among that group. That is the age at which people leave home to study, to go to work or for other reasons. That is a challenge on the registration front and the turnout front.

[Dr Murrison]

The argument that the right hon. Gentleman is employing could equally be made for 13, 14 and 15-year-olds, so may I put to him the same question that I put to the Scottish National party spokesman, the hon. Member for North East Fife (Stephen Gethins)? Why is he fixed on 16, as opposed to a lower age, for example 13, as the age for enfranchisement?

[Mr McFadden]

As I said, the rules of the hon. Gentleman’s own party allow people to join at 15, but we have related our amendments to the age at which legal responsibilities and rights are conferred. There is a slight difference between the general argument about the age of the franchise and its applicability to important constitutional referendums.

[Stephen Phillips]

The right hon. Gentleman says that he is fixed on 16 as the age at which legal rights accrue to the individual, but that is true only of some rights. It is not until an individual is 18 that we treat them as being a full member of society. Surely that is the point at which they should be enfranchised and be able to contribute to our national life through a full democratic debate.

[Mr McFadden]

We could argue that there are some rights that people do not get even at 18. In the end, it is a matter of judgment. I do not want to go through the list again, but when people can start to work, pay taxes and do many other things, there is at least a reasonable case for giving them the right to vote.

[Mr Sheerman]

A small minority of Labour Members worry that we will make 16 the age of becoming an adult, which will shrink childhood at a time when kids in this country are going to live to 100. The amount of time that they will be children is getting smaller as a percentage of their life. There are arguments for and against certain things happening at 16 and at 18, but if the Opposition amendments became law, they would mean that young people would become adults at 16.

[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.

[Antoinette Sandbach (Eddisbury) (Con)]

One of the key rights that we have as citizens in this country is to be judged by a jury of our peers, and eligibility for jury selection begins at 18 because of how important a responsibility it is. Is the right hon. Gentleman suggesting that that eligibility, which is drawn from the electoral roll, should be changed to 16?

[Mr McFadden]

That is not part of our amendments, but I am sure such things can be considered in other debates. My point, as the hon. Lady has just heard, is that the referendum result will have a direct impact on our citizens’ right of free movement.

[Tom Tugendhat]

I associate myself with what my hon. Friend the Member for Eddisbury (Antoinette Sandbach) said, because her point is fundamental. We are talking about the constitution of the United Kingdom and the details that allow people to participate in decisions on it. The right hon. Gentleman is arguing that we should play with it in the case of this particular referendum, but in fact we should have a proper debate in the House about the age at which people should be enfranchised to debate the matters of our nation. That age should apply throughout, whether to juries or to an EU referendum.

[Mr McFadden]

I believe that the long-term trend will be towards enfranchisement at a younger age, for some of the reasons that have been set out in the debate. My party believes in a general reduction to 16, but the amendments are concerned with the EU referendum facilitated by the Bill. My argument is that there is a good reason for enfranchisement at 16 in this case, given the direct impact of the result on the right of free movement and the right to study and work in other EU countries. There is a good argument for that, and I do not believe that it is a partisan one that is made only by Labour or Scottish National party Members. Some Conservative and other Members support it.

[Mike Gapes (Ilford South) (Lab/Co-op)]

Although some say that the voting age should be dealt with generally rather than specifically, is it not the case that the Conservative-Liberal Democrat coalition Government and the House were quite happy for a specific change to be made for the Scottish referendum? Why cannot my 16 and 17-year-old constituents in London, and those in the rest of England, have a vote, yet Scottish young people can?

[Mr McFadden]

The decision was taken for the Scottish referendum because the power to do so was devolved. The power has also been devolved to the Welsh Assembly.

[Tom Brake (Carshalton and Wallington) (LD)]

It may be helpful if I remind the right hon. Gentleman that in the last Parliament the House in fact voted for votes at 16.

[Mr McFadden]

It did, but it was not put into legislation in the way that we have the opportunity to do today.

[Chloe Smith (Norwich North) (Con)]

I am delighted that the right hon. Gentleman has given way on the nature of the legislation before us as we are—after all—in Committee. I welcomed the point made by my hon. Friend the Member for Eddisbury (Antoinette Sandbach) about the electoral register and I am deeply alarmed that the proponent of any amendment would not have—in the right hon. Gentleman’s words—“thought through” whether it would have an effect on such an important issue as jury service. I am a supporter of votes at 16, and I shall seek to make further comments on that later, but we are now examining the quality of legislation.

[Mr McFadden]

I thank the hon. Lady for her praise of my amendment, but its effect would be clear and we have taken advice on the point. The amendment would extend to 16 and 17-year-olds the right to vote on exactly the same basis as the other changes to the franchise in the rest of the Bill. As was said on Second Reading, the Bill already changes the franchise—for Gibraltar and for peers—so the amendment, like the Bill, will apply only to the EU referendum.

The amendment on EU citizens is also in this group of amendments. The franchise in the Bill is that for UK parliamentary elections, except for the exceptions that we have discussed, and the amendments would extend it to citizens of other EU countries. EU citizens currently have the right to vote in local and European elections, but not in parliamentary elections. When other EU countries have held referendums on EU accession decisions or treaty changes in recent years, EU citizens from member states outwith those countries have not been given the vote. That is true for recent referendums held in France, Ireland, the Netherlands, Denmark and many other countries. When a member state makes a decision on its own membership of the EU, on whether to join the euro or on whether to accept treaty change, the pattern has been to use the franchise for national elections. It has not been the pattern to extend that to citizens of other EU countries. For that reason, we do not support allowing citizens of other EU countries to participate in this referendum, but we do believe that it is important to extend the franchise to 16 and 17-year-olds.

[Dr Sarah Wollaston (Totnes) (Con)]

We all visit schools in our constituencies, and I am sure I am not alone in thinking that some of the most thoughtful and challenging discussions in those visits have been with 16 and 17-year-olds. Do I feel that they have the capacity to understand the information, to weigh it and to communicate their views? Absolutely I do. The question is whether Members of Parliament have the capacity to change our view and give those young people a voice and a vote. I could not return to my constituency, look those young people in the eye and tell them that I had denied them the opportunity to take part in the forthcoming referendum.

I have lobbied hard for everyone in my constituency to have their say on our future in Europe, but when I reflect on who will feel the impact of the result most, I conclude that it will be 16 to 25-year-olds, who will live with the decision for longer than the rest of us. I am delighted that we have extended the franchise to Members of the Upper House, and that their lordships will have the opportunity to vote in the referendum, but I feel strongly that we should extend the same courtesy to young people in our constituencies.

--- Later in debate ---

A few EU citizens have long been able to vote in UK parliamentary elections. Citizens of Malta, Cyprus and Ireland are already able to vote if they are resident in the UK, because of our historical connections to those countries and their citizens. But for the rest of the EU, British citizens living abroad do not have voting rights in their national elections. The only exceptions of which I am aware are in Ireland, where voting rights here are reciprocated, and in the upper chamber of Slovenia’s Parliament—I suspect that not many people here knew that they had that right. I doubt anyone will be dashing over there to set up residence in Slovenia, but if they do, they are of course welcome to vote when they get there. I am not aware of any national referendum in the EU that allowed citizens from other member states to take part.

[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.

--- Later in debate ---

[John McDonnell]

There was a slight increase at the last general election. The hon. Gentleman is right, because I can remember turnouts at around 77%. In some areas we went down to 56%, but this time round we went from 60% up to about 65%, so there was a slight increase—a significant increase in some areas—from the introduction of postal voting. If he looks, he will see that where the pilots that were undertaken throughout the 2000s were implemented effectively, turnout was increased significantly. I recommend examination and exploration of the Shrewsbury pilot, which took place in 2005.

I will not delay the Committee any further, but I refer Members not just to the findings of the Electoral Commission, but to the statement by Jenny Watson, chair of the Electoral Commission, that it would return to this issue as its main feature of work in the coming period and report in due course. Again, the Electoral Commission’s argument is simply about bringing our electoral system into line with practices in the rest of society, which is now largely online, and facilitating democracy by the use of online voting in that way. I also refer Members to the executive summary of the report undertaken by WebRoots Democracy—I will circulate it rather than delay the debate—which identifies the ability of online voting not only to increase turnout, but to reduce the cost of balloting procedures.

I raise this issue briefly on an amendment because it is something we need to return to rather than neglect; it has been neglected over the last few years. It is something that many Members will want to explore in a way that facilitates the improvement of democratic processes in our society, but I also give this warning: I will be raising this matter time and again. I mentioned the trade union Bill. We will be tabling amendments to such Bills to ensure that we establish the principle that this House will facilitate access to democracy on every occasion we can. Electronic voting is one mechanism through which we can enhance our society’s democratic processes.

[Mr McFadden]

I would like to talk to amendment 3, which stands in my name and those of my right hon. Friends. On Tuesday, the Committee agreed amendment 55, which ruled out the possibility of holding the referendum in May next year, when there are other important elections taking place throughout the country. However, amendment 55 did not deal with the potential for a poll held in May 2017 to clash with local elections, which are scheduled in both England and Scotland, and the mayoral elections taking place in some places. Our amendment 3 deals with that, because it would rule out holding the referendum on the same day as local elections, as well as the other elections that are listed in the amendment.

There are two separate reasons why we believe the referendum should be held on a separate day. The first is that a referendum on such a large constitutional issue deserves its own campaign and its own moment of decision. The focus in a competitive election when parties are battling to control a local council or another elected body is different from that in an election on a yes/no constitutional question of this kind. The focus in a local election battle should be on who will run the body that is up for election. In a referendum, the focus is different. Views on the European referendum will cross party lines.

[Mr Jackson]

I am listening carefully to the right hon. Gentleman, but can he confirm that Her Majesty’s Opposition opposed holding the AV referendum in May 2011 on the same day as local authority elections, but that to a certain extent that referendum drove up turnout for those elections, to 42%?

[Mr McFadden]

If the hon. Gentleman is seriously holding up the AV referendum in 2011 as a model of democratic engagement, I am afraid that, based on my experience, I beg to differ. I really do not think that is a model we should follow.

[Andrew Gwynne]

In 2017, we will have the inaugural elections for the metro mayor for Greater Manchester. That in itself will pose a challenge for those of us who are politicians in the city region, because it is a new post and we will have a duty to explain what it will be. Is that not another reason why we do not need this added complexity?

[Mr McFadden]

My hon. Friend makes a good argument. That is an important election and, as I say, the focus will be on who should be that mayor. There will be different candidates standing, and it is a different question from whether or not we remain members of the European Union.

[Ms Margaret Ritchie (South Down) (SDLP)]

I thank my right hon. Friend for giving way. As part of the complexity of the situation relating to the election, is he aware that elections to the Northern Ireland Assembly will take place on the same day as elections to the Scottish Parliament and the National Assembly for Wales on 5 May 2016? I note that that is not included in the Labour amendment.

[Mr McFadden]

I take the hon. Lady’s point, but the issue of May 2016 has already been dealt with through amendment 55, and I am focused on May 2017, when local elections are taking place in various parts of the country.

[Kelvin Hopkins]

I strongly agree with my right hon. Friend that, when we are voting on whether to leave or stay in the European Union, it should not be confused or blurred with party allegiances and so forth; there should be a clear understanding that on that day we are voting on our membership of the European Union and nothing else. No other elections should be held on that day; we want a unique day for that vote.

[Mr McFadden]

On European matters, it is not always the case that I am in agreement with my hon. Friend, but this time on this point, I am. I entirely agree with his point.

The first reason, then, is that on such a major constitutional question about the country’s future, the focus should be entirely on that question, but there is a second reason why on this occasion it makes sense to separate this poll from other polls, which relates to the discussions we have had about purdah arrangements. Without re-running Tuesday’s debate, the Government’s argument is that there needs to be some qualification of the purdah arrangements that would normally apply. The jury is still out on what the eventual outcome of that argument will be, but we know from Tuesday that the Bill will be amended in one way or another on Report.

However, purdah arrangements also apply to a local election period, so combining the referendum with other elections could mean we had full purdah in place for some things and qualified purdah or no purdah in place for others. In such circumstances, what exactly would the role of Ministers and the civil service be? We could have one set of rules for one poll taking place on that day, and another set of rules for another poll taking place on the same day. We do not need to think long and hard to realise that that is not an ideal arrangement for clarity on the conduct of the poll.

Our point is that the Bill deals with a big constitutional issue, which deserves to be considered by the public on its own merits, not tacked on as an add-on to local elections in various parts of the country. For those reasons, we feel that there is unfinished business from Tuesday. Amendment 55 was not the end of the matter, and our amendment 3 would, if passed, make it clear that this has to be a stand-alone poll and not one combined with other elections—either next May or in May 2017. To conclude, if given an opportunity to do so this afternoon, we intend to press the amendment to the vote.

[Peter Grant]

Briefly, we intend to support amendment 3. As the right hon. Member for Wolverhampton South East (Mr McFadden) said, only part of the problem was addressed earlier, and a major problem remains if the referendum is held on the date of other elections.

First, on a point of principle, if this is truly—certainly for voters in England—the most important democratic constitutional decision taken for 40 or more years, it is surely worth a day of its own rather than being tacked on to something else. A second, practical point is that some of the elections that are listed—the Scottish local government elections, for example—are run according to a completely different electoral system. Last time the local government elections took place on the same day as a straightforward first-past-the-post election, there were well over 100,000 spoilt ballot papers, because those who were voting in the local government elections did not understand how to vote in a different way. The one thing that we do not want is doubt about the result of the EU referendum caused by a lot of spoilt papers.

I am surprised that we are having to debate the impartiality of broadcasters. Members should be aware that there is a widespread perception in Scotland—I will not comment on whether I share it—that some broadcasters were not impartial during the Scottish referendum. I do not think that that tainted the validity of the result, but it has tainted the reputation of those broadcasters, and it may be a generation before it has been sufficiently restored. We need to send the broadcasters a message, whether through legislation or by some other means. We need to convey to them that this referendum has to be fair, which means that the broadcasters must be impartial and seen to be impartial, not only during the purdah but from today. Otherwise, the impression will be given that the referendum was not fair.