Referendum (Scotland)

Russell Brown Excerpts

Monday 15th October 2012 Commons Chamber

[David Mundell]

First, I refer the hon. Gentleman to polling in Scotland, which indicates that 16 and 17-year-olds do not support independence, and secondly I urge him to take his argument to Scotland—to the Scottish Parliament and his MSP colleagues there—to make that robust case.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

The Minister has heard from my hon. Friend the Member for Glasgow North (Ann McKechin), my right hon. Friend the Member for Stirling (Mrs McGuire) and my hon. Friends the Members for Central Ayrshire (Mr Donohoe) and for Ayr, Carrick and Cumnock (Sandra Osborne) about the issue of some 16 and 17-year-olds being disfranchised as a result of not being on the register. I am positive that, during the discussions that he and his colleagues have had, someone somewhere might have raised the issue of a legal challenge. Does he have any idea how much of a delay there might be, if there is a legal challenge?

[David Mundell]

First, my experience of the Labour party in Dumfries and Galloway is that it is very good at getting people on to the electoral register—and I am sure it will be so again in getting 16 and 17-year-olds registered. The Scottish Government will have to come forward with legally watertight proposals; otherwise, they will be subject to challenge. As we have heard, they could conduct the referendum on the basis of so-called attainers, by which is meant people who will turn 18 within the cycle of the electoral register. It is clear that that could be done legally, but the downside, from the Scottish Government’s point of view, is that not all 16 and 17-year-olds would be able to vote as not all of them would be on the register, because of that age limitation. The other option for them is to create their own register. But were they to do that they would have to be sure that it was legally watertight.