European Union Referendum Bill

Stephen Phillips Excerpts

Thursday 18th June 2015 Commons Chamber

[Stephen Gethins]

Not at the moment; I will make some progress.

On the example of the Scottish Bill, for which we must give due credit to the Scottish Parliament, Children in Scotland said:

“Children in Scotland believes that it is vital that 16 and 17 year olds are able to participate directly in the democratic process, and strongly supports the extension of the franchise to young people. This Bill will play an important role in addressing the discrepancy that young people aged 16 and 17 continue to face as far as their democratic rights and responsibilities are concerned.”

Young Scot said:

“In line with the UN Convention on the Rights of the Child…we believe that young people should be involved in making decisions that directly affect them, and that one of the best ways of getting involved in decision-making is through voting. Therefore, Young Scot strongly supports extension of the franchise for all elections”.

We have a responsibility across this House to try to engage people as fully as we can in the democratic process. Each one of us, of every political colour, knows the challenge that we face. Scotland has some good ideas, believe it or not. When we came to this place, we came to be constructive. We know there will be good ideas from Members from other parties, and we look forward to hearing them, but we also want to look at areas where Scotland has been ground-breaking, and this is one of them.

Voltaire said, once upon a time:

“We look to Scotland for all our ideas of civilisation.”

Obviously, we know that the Labour leadership candidates are all looking for ideas on leadership from Scotland’s First Minister, but perhaps this is an area on which we can work together. The Electoral Reform Society puts it succinctly:

“There is a widening gulf between people and politics—we see lowering the franchise age as vital to nurturing more active citizens for the future health of our democracy.”

It then makes a good point:

“If they vote early, they vote often!”

That has been our experience in Scotland and we think that extending the franchise will result in it also being the experience of the rest of the United Kingdom.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

It is a pleasure to be called so early in this debate. With no disrespect to the hon. Member for North East Fife (Stephen Gethins), I will speak to amendments 12 and 13, which stand in my name.

On Second Reading, my right hon. Friend the Foreign Secretary indicated that this is an important matter for the United Kingdom—it is indeed—and therefore that the appropriate franchise is the general election franchise. That, in my respectful judgment, is absolutely correct.

This Bill extends the franchise to Gibraltar because it is part of the south-west constituency of the European Parliament. Clause 2(1)(c) states that those entitled to vote will include

“Commonwealth citizens who, on the date of the referendum, would be entitled to vote in Gibraltar as electors at a European Parliamentary election in the combined electoral region in which Gibraltar is comprised.”

The difficulty, however, is that the proposed franchise for Gibraltar is not the general election franchise, because it leaves out of the count those who are citizens of the Republic of Ireland.

I know not how many people that may affect—it may affect three, five or a dozen, or it may affect none—but if we are going to pass legislation, it should be consistent. I suspect that, because this is a new extension of the franchise, the issue was overlooked by the Government and the Foreign Office lawyers when they considered how the Bill should be drafted to extend the franchise to Gibraltar.

I do not intend to push the amendment to a vote, but, because this House aims for consistency and because the Government’s stated aim is to use the general election franchise, the franchise extended to Gibraltar, with the consent of its Government, should be the same franchise as that which is used for general elections in this country. That is why I ask the Minister to consider amendment 12 and perhaps table it as a Government amendment. It would insert words designed to ensure that those who are citizens of the Republic of Ireland but who are none the less domiciled in Gibraltar are entitled to vote in the forthcoming referendum.

Amendment 13 seeks to deal with the definition of “Commonwealth citizens”. I have searched long and hard in electoral law, including the Representation of the People Acts, and, indeed, in this Bill and other sources to try to ascertain who is and who is not a Commonwealth citizen. There is, obviously, a broader debate to which this House may wish to turn in due course, particularly given the accession of Mozambique and Rwanda to the Commonwealth, about whether Commonwealth citizens should continue to be part of the franchise for general elections in this country. There is also, however, an entirely different problem, which relates most acutely to nationals of Zimbabwe who are resident in this country and in Gibraltar.

At the moment, Zimbabwe is not a member of the Commonwealth; it has simply withdrawn from it. The Commonwealth ministerial action group is charged with deciding who is and who is not a member of the Commonwealth, who is suspended and whose membership is terminated, and it is unclear whether or not some countries—for example, Fiji—are currently members of the Commonwealth for all purposes.

I know not whether there is non-statutory guidance for returning officers, but the law is unclear whether they are supposed to afford the right to vote in a general election to a national of Zimbabwe, which, as I say, is not currently a member of the Commonwealth.

As I understand it, a previous Government indicated that no Zimbabwean should, as a result of that country’s withdrawal, suffer in respect of their ability to vote in general elections. However, in the absence of a definition, who is and who is not entitled to vote among Commonwealth citizens of countries that have been suspended from the Commonwealth or that have terminated their membership is, in practice, entirely unclear. We might therefore end up with the position where in one place in this country, a Zimbabwean national is on the electoral roll and entitled to vote, whereas in another place, a Zimbabwean national is not entitled to vote because the returning officer takes the view, rightly or wrongly, that Zimbabwe is not a member of the Commonwealth and therefore that that person is not a Commonwealth citizen.

There is a much broader debate to be had about this matter, but the Government need to ensure that there is consistency across the entire country and to make it clear whether the national of a Commonwealth country that has withdrawn from the Commonwealth or been suspended by the Commonwealth ministerial action group who has permanent leave to be here and should therefore be entitled to a vote is able to vote. When the Minister responds, I would like to hear what his plans are in this area.

Amendments 12 and 13, although they originate from the Back-Benches, are meant to be helpful to the Government, in the sense that they will provoke debate and ensure that there is consistency across the legislation. For that reason, I look forward to hearing from the Minister what the Government’s attitude to them is.

--- Later in debate ---

[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.