Lord Forsyth of Drumlean
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European Union Referendum Bill
Lord Forsyth of Drumlean Excerpts(8 years, 6 months ago)
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Lord Liddle
My noble friend is, of course, right. My point is this: assuming that the Government reject my amendment, which I am sure they will—as I say, I moved it tongue in cheek—and we stick with the deadline in the legislation, if we are going to win this referendum there has to be honesty on the Government’s part about what it can and cannot achieve.
Lord Forsyth of Drumlean (Con)
I am most grateful to the noble Lord. On the subject of honesty, I know that the Labour Party’s policy is a little fluid at the moment and there is a debate on these matters, but will he explain how his amendment, which says that we should delay the referendum until as late as 2019, is consistent with the Opposition’s attack on the Government that by holding this referendum they are creating a period of uncertainty which is doing damage to British business?
Lord Liddle
Of course the noble Lord is right about that. However, I think that at the same time, he and some of the supporters of Britain’s withdrawal from Europe who argue that they will stay only if they get fundamental treaty change, the right of the national Parliament to overturn EU laws and a fundamental alteration to free movement, are hypocrites because they are saying things that they know are not achievable. If we are to have a decent conversation with the electorate in this referendum, we have to be honest about what can and cannot be done.
Lord Liddle
I am saying that those who argue that they will support continued membership of the EU only if there is fundamental treaty change hold a hypocritical position because that is not possible to achieve within the timescale that the Government have set out.
The Government should follow Harold Wilson’s example—
Baroness Smith of Newnham (LD)
Like the noble Lord, Lord Anderson, I have some reservations about the amendment proposed by the noble Lord, Lord Liddle. It takes us into risky territory in two ways. First, I have taken the liberty of checking the Conservative Party’s manifesto, and it is very clear that the referendum should take place by 31 December 2017. In your Lordships’ House this week, we have created some precedents in terms of voting against the Government, but I am not sure that trying to go against something that is in the Conservative Party manifesto is necessarily one of the things we should attempt to do in this Bill.
In another sense, I am concerned that extending the deadline for the referendum increases uncertainty, as the noble Lord, Lord Anderson, said. The more we talk about it and think about possible renegotiations and the more we have public debates, the less helpful it is for the City of London, British business or for Britain’s engagement in the European Union. If, as I and my party believe, Britain is better off in the European Union, it is better to have made the decision and to play a full role in the European Union. If the decision is that we leave, it would still be better that we and our European partners know where we stand. Extending the deadline to 2019 would extend uncertainty, and I think that the slightly tongue-in-cheek amendment should be treated with the joviality that perhaps it deserves.
Lord Forsyth of Drumlean
My Lords, I slightly worry about the speech of the noble Lord, Lord Liddle, and his use of words such as “hypocrite”. Earlier in the week, we had a noble Lord from the Opposition referring to the Prime Minister as a liar. We have rules in this House about asperity of speech. If the noble Lord cares to look at the Companion, he will find that it is a very difficult and unpleasant process if those rules are called into being.
Lord Liddle
I was not seeking to call the noble Lord a hypocrite. I was saying that people who make the argument that they might support European Union membership if certain unrealisable goals are achieved in this very short timescale are hypocrites.
Lord Forsyth of Drumlean
I have dealt with the problem of the use of rather extreme language, so I shall deal with the problem that arises from the noble Lord’s assertion. To suggest that people who take the view that we should leave the European Union but are open-minded enough to think that if certain changes were made they would change their position are somehow hypocritical or acting improperly is ridiculous. It is plain common sense. If the Prime Minister comes back and says that we can control our borders and decide our own social legislation and that Parliament not Europe can, for example, decide the amount of money that people have protected in their bank accounts, I, for one, will raise three cheers and see a completely reformed European Union. The noble Lord is quite extraordinary. He seems to be advancing a case that whatever is decided, and whatever happens to the European Union, Britain must remain a member. I can see that from the European Union’s point of view, it might be in its interests, but he is supposed to be in this Parliament to look after Britain’s interests.
Lord Liddle
That is Labour Party policy. Whatever comes out of this renegotiation, we will campaign to stay in the European Union because that is our judgment of the national interest. I believe that it is possible that Mr Cameron can achieve a useful set of reforms through his renegotiation. I do not believe that the kind of fundamental changes that the noble Lord, Lord Forsyth, was talking about are achievable in any sense whatever, and he knows it.
Lord Forsyth of Drumlean
The noble Lord may be right about that, but the reason I am against his amendment is because he is not prepared to let the British people decide this by March 2017. He wants to delay because he wants Britain to remain in the European Union whatever the British people think, and if he had his way, we would not be having a referendum at all. As was pointed out, the Labour Party’s position is that we need to get this sorted and out of the way in order to end the period of uncertainty, so he is out of line with Labour Party policy as well.
Baroness Crawley (Lab)
I agree with the noble Lord, Lord Forsyth, that in this important debate we must keep our language temperate. Does he believe that the Prime Minister will come back with the kind of deal that he has put to us this afternoon?
Lord Forsyth of Drumlean
I shall tell the Committee a story. I spent two, I think, years of my life going to European Social Affairs Council meetings in order to prevent the European Union and the Commission abusing the rules and defining the working time directive as a health and safety measure rather than an economic measure in order to get it through by qualified majority and undermine our veto. I sat through endless meetings where people read out prose. I knew that in the end we would have to go to the European Court and argue our case and that it would find against us because it is under an obligation to preserve the acquis. The result was that the working time directive was imposed upon us, even though we had joined on the basis that those matters would be decided by unanimity.
At a meeting of Ministers one night after one of those long and tedious sessions, we were having a few drinks, and I decided to take it upon myself to lecture them on the benefits of supply-side reforms. I pointed out that if they went on like this, adding to the costs of labour and to the disadvantage that European countries would have competing in the global economy, the results would be huge levels of youth unemployment and a slowing down of growth in the European Union. I think it was the Dutch Minister—maybe it was one of the others—who turned to me and said, “Ah, but you do not realise. We understand all of this but what you do not realise is that we have proportional representation and have already given people these rights. It is impossible for us to remove them. We want a level playing field, and we do not want you to have a competitive advantage over us”.
The noble Baroness asked whether I think we will get these changes. I hope and pray that the European Union makes these changes for the sake of the large numbers of unemployed young people—50% in the southern European states—and for the sake of what we see in Europe, which is a country that is failing to grow and meet the aspirations of its people. What I see at present—and the Prime Minister has to contend with this—is that we are not leaving the European Union; the European Union is leaving us. Monetary union means, as the noble Lord said—he talked about the inevitable process of moving closer together, except he used different language as he sees the way forward as further integration because of the consequences of the single currency, which the same people who are advocating—
Lord Forsyth of Drumlean
I shall give way in a second. The same people who are telling us now that we need to remain members of the European Union regardless of the terms are the same people who told us that, if we did not join the euro, Frankfurt would become the main centre for financial services in Europe and we would fall behind and become irrelevant. Thank goodness we did not join the euro; otherwise, we would be in the same predicament as France, Spain and Italy and the others. I give way to my former colleague.
Lord Davies of Stamford
I am most grateful to the noble Lord. I am perfectly happy to say my noble friend because he is that outside the Chamber. If the Prime Minister—maybe likely, maybe not—got the concessions that the noble Lord has just set out, would he then vote for us to remain part of the European Union?
Lord Forsyth of Drumlean
I might want to add to the list. Broadly speaking, if we get our country back, are in control of our borders and are able to decide on the regulations that govern business, not only would I vote in support of our continued membership of the European Union but I would say that the European Union has been saved and that the Prime Minister was a magician.
It is not what I think that matters. This is not what we are discussing; we are discussing giving the British people an opportunity to decide for themselves. It is a great disappointment to me that the noble Lord who used to be on our Benches, and who I know is a great democrat, really does not want the British people to have that opportunity and that is a great sadness. I give way to my other Scottish friend.
Lord Foulkes of Cumnock (Lab)
But never in the same party. For some time I was in the other House on the Front Bench as a spokesperson on foreign affairs and Europe. I remember the Single European Act and the Maastricht treaty being pushed through that House, in spite of some of our questions about it, by the Prime Minister, Margaret Thatcher. There was a younger Member called Michael Forsyth who went through the Lobbies in favour of all those centralising Motions. I wonder if he is any relative to the noble Lord.
Lord Forsyth of Drumlean
Yes, indeed, and it has only just dawned on me that, just before the Single European Act came before the House of Commons, I was made a Parliamentary Private Secretary to our late friend Geoffrey Howe, who was Foreign Secretary. Does the noble Lord think there might have been a coincidence perhaps? As a member of the payroll vote, I was expected to vote for it, and I did vote for it. Indeed, the late Lady Thatcher supported it, but I can tell noble Lords that if Lady Thatcher were here today she would be saying that we should leave the European Union. I have no doubt about that whatsoever.
Lord Forsyth of Drumlean
I would quite like to get on to the amendment, but I give way to my noble friend.
Lord Spicer
I have been reflecting on the exchange between my noble friend and the noble Lord, Lord Liddle, on the question of degrees of hypocrisy. I wonder whether it might be viewed as pretty hypocritical to push an amendment to delay the referendum for two years, hoping that it might go away in time for the general election.
Lord Forsyth of Drumlean
My noble friend is absolutely right, but even the noble Lord, Lord Liddle, could not keep a straight face. He said that his tongue was in his check. I do not know where his tongue was, but certainly the arguments coming from it were not very persuasive.
I actually got up to speak in favour of the amendment in the names of my noble friends Lord Hamilton and Lord Flight. Perhaps we have taken up a lot of time unnecessarily, because I assume that my noble friend the Minister is going to accept the amendment. Clearly, there can be no arguments against accepting it. The Government have given undertakings that they will not bounce us into a referendum campaign, and what better opportunity is there than this to put them on the face of the Bill? Ministers have already given those undertakings, so they must be government policy. The amendment is in order, so I expect that my noble friend will say that she accepts it. Therefore, I will not delay the Committee by making the arguments for it.
However, I would like to mention our experience. When I referred to the noble Lord, Lord Foulkes, as my friend, I was referring to him as a fellow unionist—as unionists campaigning in the referendum in Scotland. Then, we started off with about 28% of the vote in favour of independence and ended with 45% in favour of it. We allowed the Scottish Government to decide the length and date of the campaign, as well as the question, and that was a huge mistake. As a result, following that referendum people like me are going around saying, “Well, it wasn’t actually a fair contest because the rules were set by one of the participants”. I do not know what the Government’s position will be after these negotiations, but it is very important that we have notice of the campaign; otherwise, we will have a sort of “neverendum” starting now, with the possibility of the Government jumping us into a short campaign, which would mean that it would not be possible to get across these arguments.
The Government have said that they will do nothing of the sort, which is why I expect they will accept this amendment. However, I want to make the point that it would also be entirely consistent with the policy of the Government—both as a coalition Government and as a Conservative Government—who gave us the Fixed-term Parliaments Act. I was against that Act, but the Government’s argument was that it was completely unfair to allow a Prime Minister to have the patronage of deciding the date of the election and that people should know what the position was. Therefore, if we accepted the amendment of my noble friends Lord Hamilton and Lord Flight, we would know that we had at least a 10-week period in which to campaign, and I think that that would be seen as fair.
Yesterday we did not accept the advice of the Electoral Commission on the grounds that its role was to advise, and I thought that the argument put forward by my noble friend Lord Bridges was absolutely persuasive. However, I cannot think of a single argument that one could deploy against taking the advice of the Electoral Commission to accept the Government’s undertaking. That leaves one argument. When I was a Minister and I was absolutely desperate to find an argument to support not agreeing to an amendment for which the arguments were overwhelming, I would say, “It’s not necessary to put it on the face of the Bill because the Government have already given this undertaking”. I have the utmost respect for my noble friend and I hope that she is not going to deploy that argument, for there is nothing to be lost by accepting my noble friends’ amendment.
Lord Kerr of Kinlochard (CB)
I am going to disappoint the noble Lords, Lord Hamilton and Lord Forsyth. The sad fact is that I find myself in agreement with them. I do not agree with all that the noble Lord, Lord Forsyth, said this afternoon. Indeed, I had to wait until close to the end of this, his second Second Reading speech, to find the point at which I agreed. I agreed with the noble Lord, Lord Hamilton, and I agree with his amendment. I, too, have a worry about timetables and I, too, know what the Government’s assurance has been. Since that assurance has been given, why should it not be in the Bill? My particular worries about purdah are not exactly the same as those of the noble Lord, Lord Hamilton, but we will discover that when we come to later amendments. However, it seems to me that Amendment 1 has to be correct, and I hope that the Government will buy it.
The noble Lord, Lord Liddle, provoked a lively debate on Amendment 2, and we should be grateful to him. However, it seems absolutely clear to me that the Bill should not be amended as he proposes. We are operating on the basis of the Conservative Party manifesto, which the country voted for. It is clear that the referendum must happen by the end of 2017. For us to play with the idea of an extension would be extraordinarily dangerous.
As the noble Lord, Lord Liddle, took the opportunity of pointing out, it is the case that it is not possible on that timescale to secure treaty change. When the strategy was first unveiled, in the Bloomberg speech, there was time for the five stages that treaty change must go through; the final stage being national ratification, in some countries by referendum. It would have been possible then, but it is not possible now—we all know that. Therefore, the point about honesty was a little overdone, because the country is well aware that a treaty change is not securable on that timescale. However, I think that the noble Lord, Lord Liddle, was only teasing, and we should move on now from this second Second Reading and get back to the detailed scrutiny of the Bill. I support Amendment 1 and oppose Amendment 2.
Lord Forsyth of Drumlean
I was not implying in any way that health and safety is not important. Indeed, I was a Health and Safety Minister in the Department of Employment for at least a year. The point I was making was that employment rights, when we signed up to them, were subject to unanimity and we had a veto. They were then presented as health and safety in order to get round that and make it possible to change them by qualified majority.
Lord Collins of Highbury
I hear what the noble Lord says but I think these issues will be part of the general debate and I do not want to use these amendments for a broader discussion. The only point I will make, in relation to the debate we had on Amendment 2, is that there is a point in the process of negotiations where people put forward demands that they know full well cannot be achieved. In the Labour movement, we used to call people who made those sorts of propositions Trotskyists. I do not know whether the noble Lord, Lord Forsyth, would be offended, or would think that it was unparliamentary for me to use those terms, but sometimes, I have to confess, he does sound like a little bit of a Trot.
Lord Forsyth of Drumlean
In view of the person who now leads the Labour Party, I suppose I should take that as a compliment.
The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, I will speak first to the amendment in the name of my noble friend Lord Hamilton before turning to that in the name of the noble Lord, Lord Liddle. Both amendments deal with the date, which is why there was a rationale for the amendment in the name of the noble Lord, Lord Liddle, to remain in this group. He certainly added extra pizzazz to the debate—I am not sure that is a parliamentary word but never mind.
There was a very serious thread in the arguments brought forward by noble Lords; that is, that in considering the date on which the referendum should take place, the Government should take into consideration very firmly fairness and, as my noble friend Lord Blencathra said, that the Government should not seek to bounce the country into a referendum. That is certainly not what the Government are seeking to do. They seek to find fairness and a level playing field. That has certainly underwritten the way in which the Government addressed the drafting of the Bill, particularly when one looks at some of the technical schedules, to try to achieve that fairness.
As one or two noble Lords have said, it is rather our tradition in this House that on the first group of amendments, whatever they may refer to, somehow we revisit Second Reading. After nine hours of Second Reading, that would be quite a long revisit. I know that the noble Lord, Lord Pearson of Rannoch, was not able to take part in that debate so I will try to comment on one or two of his points when we reach my responses to the noble Lord, Lord Liddle. But listening to some of the interventions, I felt I was hearing the way that noble Lords were going to vote in the referendum even though we have not yet concluded the negotiations, let alone set the date.
Amendment 1 in the name of my noble friend Lord Hamilton would put in place two restrictions on how the referendum date is agreed by Parliament. First, it would require there to be at least 10 weeks between setting the date in regulations and the date of the referendum itself. Secondly, it would require at least 16 weeks between the draft regulation setting the date being laid in Parliament and the referendum. My noble friend quoted in support of his view the statement made by my honourable friend Mr Penrose, the Minister in another place, when he gave a commitment about timing. My honourable friend Mr Penrose said that it would be clear that there will be 16 weeks from regulations to the date of the referendum.
I appreciate that this is a technical Bill—it is straightforward but it is technical—and therefore it is very easy to read one set of regulations against another. In this case, on occasions noble Lords may have been referring to Clause 6(6), which refers of course to the Section 125 PPERA regulations—the so-called statutory purdah—when in fact Clause 1(2) deals with the setting of the date. I think we need to disaggregate that, and we will deal with Clause 6(6) next week when we consider amendments in the names of some of my noble friends, and others.
Some noble Lords put forward the point that it would be right immediately to accept an amendment which put on the face on the Bill a minimum referendum period of 10 weeks. Some indeed might see this amendment at first sight as writing into the Bill a minimum referendum period of 10 weeks, as recently recommended by the Delegated Powers and Regulatory Reform Committee. I note, as the noble Lord, Lord Collins, said, that the committee says, in paragraph 33:
“We consider that, if the Government intend there to be a minimum of 10 weeks for the referendum period, they cannot rely on the operation of the 2000 Act to deliver that minimum period. In our view, the 10 week minimum for the referendum period should be specified on the face of the Bill”.
Since I am currently looking almost eye to eye with the chair of that committee, I suddenly realise that I can continue to say how highly I have respected its views throughout my time here. Since we are looking at its recommendation, I would not be able to say today exactly how we would respond, but the committee has certainly presented a detailed, thorough report, which we are looking at and discussing in detail with colleagues before we come back with any firm commitment and proposal in response. That is the normal process in Committee, because all noble Lords who have taken part in discussions with Ministers or have been Ministers will know that there is a process by which these matters go forward.
Baroness Anelay of St Johns
I am grateful to the noble Lord, Lord Tyler. It is not the only point made in the committee’s report, and one of the factors which may not be appreciated by those outside this House is that, when the Delegated Powers and Regulatory Reform Committee commits itself to these pieces of work, the work has to be done very swiftly but it is always done with great consideration and much detail.
Lord Forsyth of Drumlean
Surely we are not discussing the committee’s report. We are discussing my noble friend’s amendment, which happens to be supported by a recommendation.
Baroness Anelay of St Johns
My Lords, I know that my noble friend hoped that I might immediately accept the amendment in the name of my noble friend Lord Hamilton. Perhaps I can skip forward a bit and disappoint my noble friend Lord Forsyth but he might welcome the rational answer that I wish to give him.
The trouble is that the amendment in the name of my noble friend Lord Hamilton does not actually achieve the change that he wants to achieve, because it does not refer to the right part of the Bill. It simply builds in a delay between the process of laying and agreeing regulations on the referendum, but not the regulations to which he was referring. It does not make any provision at all for the length of the referendum period itself, which is what I think he was trying to achieve. To try to be helpful and to achieve that sort of change, we would need to amend paragraph 1 of Schedule 1, which creates the power to set the length of the referendum period. I think I have perhaps set in train some further work for my noble friend Lord Hamilton and my noble friend Lord Forsyth, and we will certainly come on to that that later next week.
Lord Forsyth of Drumlean
I apologise for interrupting my noble friend, but I had forgotten that there is another argument that is put forward when you are a Minister and you do not want to accept the amendment and your arguments are a bit thin, and that is that the drafting is not correct. Would it not be possible at a later stage in the Bill for the Minister to bring forward an amendment which was drafted correctly and met my noble friend’s purpose?
Baroness Anelay of St Johns
My Lords, I was trying to be very reasonable by saying that we are looking at the proposal from the committee’s report, which appears to chime exactly with that of my noble friend Lord Hamilton. With the respect that I pay to the committee and to my noble friend, I want to be able to bring back a proposal which is appropriate and would achieve a result that the Government feel is workable and the House feels is right. That will be a matter for debate on another occasion.
In any event, the Government has always been clear that we do not intend to propose a referendum period shorter than 10 weeks. I know that some confusion has also arisen because of the issue of when the lead campaign should be designated. What we have tried to do is to provide more flexibility in this Bill by saying that that can happen before the 10-week period, and if it does it extends the whole period to which we are referring. I do not wish to confuse the matter even further. We had a good debate on those first two amendments. The Delegated Powers Committee has made a recommendation, and we are certainly looking at that very closely.
Baroness Anelay of St Johns
We have not reached that point yet, since this is merely the first clause of a Bill trying to deliver the ability to hold a referendum, but these are all serious points. Noble Lords are pointing out that any decision about setting a date must take into account all the circumstances under which a referendum would be expected to operate. The Government would have to take a decision about which date to recommend to Parliament; it would then be for Parliament to consider that and to set their view.
The noble Lord, Lord Greaves, pointed out that in the past there has been at least one occurrence of local election dates being moved. Amendments were agreed in another place to rule out those May dates in 2016 and 2017 specifically to ensure that the referendum does not clash with known local government dates. There is certainly no expectation that local government dates should be moved. That is not our plan and we do not see that happening. However, without wishing ill on any Member of any party in the other place, if there had to be a completely unforeseen parliamentary by-election or local government by-election and it was decided that a by-election might be held on the same day as the referendum, I think the House might consider that to be rather a different matter, but we have no plan to move other elections to combine them with the referendum.
My noble friend Lord Hamilton has moved his amendment and the noble Lord, Lord Liddle, has spoken to his. At this stage, I say formally to the noble Lord, Lord Liddle, that I hope he may see fit not to move his amendment when it is called from the list, and I invite my noble friend Lord Hamilton to withdraw his Amendment 1.
Lord Forsyth of Drumlean
My Lords, I may have misheard, but I thought my noble friend said in the context of the date of the referendum that the Prime Minister would make a recommendation to both Houses and both Houses would be able to decide. As that is by regulation, would that not get us into some difficulty in this House?
Baroness Anelay of St Johns
My noble friend tempts me sorely. I think he has made the point better than I could.
Lord Tyler
My Lords, I have not actually come to my own views on this subject. I have simply been reporting the views of the noble Lord’s colleagues in both this and the other House. If, for example, he has an objection to the views of my local Member of Parliament—a Conservative: Mr Neil Carmichael—I suggest that he take it up with him. All I am trying to suggest is that it is now the common experience and approach that young people are mature, well-informed and ready to take this particular step on this particular issue. This is widely accepted in all parts of your Lordships’ House—and, I suggest, in the other House.
Lord Forsyth of Drumlean
When we discussed this in the context of giving the Scottish Parliament the power to decide this, I warned that the Scottish Parliament would give the vote to 16 year-olds and that this would then be used as an argument for doing the same here, which is what the noble Lord has been doing. Does this not relate to the issue of the age of majority? In Scotland, 16 year-olds are not allowed to buy a pint of beer or a packet of cigarettes. Should we not look at this in the context of the appropriate age of majority and not in the context of a Bill of this kind?
Lord Tyler
I have not yet proposed an age limit for voting. Indeed, the noble Lord, Lord Tebbit, will have a vote in this referendum. He does not get one in a general election any more than I do, but he will be allowed a vote in this, which is one reason that some Members of your Lordships’ House feel that there is a clear case for extending the franchise. I hope that the noble Lord, Lord Tebbit, will vote the right way, although I have more confidence in the judgment of some 16 and 17 year-olds than I do in his.
Lord Forsyth of Drumlean
Was that a confession that the noble Lord is in favour of this because he thinks that these 16 year-olds will vote “the right way”?
Lord Tyler
It was not, my Lords. This issue is one on which the noble Lord, Lord Tebbit, and his colleagues—who may have doubtful views on these matters—are just as likely to persuade young people to vote their way as I am. I just think that the judgment should be in the hands of the people who are going to be affected.
Lord Davies of Stamford
My Lords, there is no way, either empirically or by reference to theory, in which one can reach what might be an agreed doctrine on the right age at which people should begin to enter into a parliamentary franchise. We could debate the matter all night as to whether it should be 16, 17, 18 or some other age, or why it should be one particular and not another. We would never come to a definitive conclusion.
If we debated what have to be the essential qualities of a law, and especially the essential qualities of a constitutional law or rule, we would come to a definitive conclusion. By definition a constitutional law or rule must have a very wide degree of support. It must have legitimacy. That is the essence of an effective constitution. You cannot have legitimacy if you have a law that is contradictory and incoherent. At present we have a law or set of rules that are utterly incoherent.
It is not possible to find a respectable argument to say to a young Scot, in exactly the sort of case cited in the noble Baroness’s intervention a moment ago, that they had the right to vote in the Scottish referendum on independence and the break-up of the United Kingdom but no right to vote in the referendum on the future of our membership of the European Union. I have yet to hear a respectable argument that could be delivered to such a young person. If somebody on either side of the House has one I would be delighted to give way immediately so that we could hear what that respectable argument is. I simply do not think that it exists.
It is also not a respectable argument to say to a young English person, “The Scots were able to vote in an important referendum but you are not capable of exercising the same degree of choice as a Scottish person of the same age”. That would be a hideous thing to say to anybody. Of course this applies equally in Wales. The noble Lord, Lord Wigley, gave us a good example. Young people in Wales are now being told that they have a right to vote on whether the Welsh Government should have tax-raising powers, but not on whether Wales and the United Kingdom should remain part of the European Union. On what possible basis can one make that distinction? What possible respectable argument could one use in saying that to such a young person, who would quite rightly be challenging that kind of judgment?
At the moment we have complete incoherence, which we should not have because it is deeply damaging to the legitimacy of our constitution. The logic of what I am saying means that we should also change the voting age for Westminster general elections. One thing that we absolutely should not do is keep the present franchise for the referendum on the European Union, cutting out 16 to 18 year-olds throughout the United Kingdom, including Scotland, and then a year or two later change the voting age for Westminster elections. In other words, we should not deliberately close the door on a referendum that, as had rightly been said, affects people for the next 40 or 50 years—this will not affect us in the House in this time, but it will affect those young people—and then say that these people can vote now in Westminster elections after all: we have waited a couple of years but have cut you out of the referendum, which is even more strategically important for the country. That would be an indefensible thing to do.
Lord Forsyth of Drumlean
I will have a go at a respectable argument. Is the answer to the noble Lord’s point about the mess that we are in that we should not proceed with constitutional or franchise reform on a piecemeal basis?
On the point about the difference between a 16 year-old north of the border and south of it, I am sure that the noble Lord has been to a place called Gretna Green. That exists because 16 year-olds south of the border are not allowed to marry without parental consent, whereas in Scotland that consent is not needed. There is a precedent. It is not a particularly good one, but it illustrates what happens when you do not look at the age of majority in a coherent, cross-border manner.
Lord Davies of Stamford
Not for the first time in these European debates, the noble Lord and I, although associated with very different camps, agree on something. We agree on the word “coherence”—a word that the noble Lord used and which I used myself. I totally agree with what he said. One should not legislate in a piecemeal fashion, particularly for constitutional legislation. One should look at the whole. That is precisely why my party proposes a constitutional convention to ensure that we do not go in for piecemeal legislation on the constitution. That is another debate for another day.
Lord Davies of Stamford
I fear that that is the case. The noble Lord and I agree on coherence. The only way to restore coherence now is by the way I have just suggested. The pragmatics—the actual experience of this—are that 16 and 17 year-olds make very mature choices. That has been the lesson of the Scottish referendum. Giving them the vote has encouraged and increased participation rates, and increased intellectual interest in politics and in public life in general among young people. All those things are very desirable. The pragmatics support the theory.
Lord Forsyth of Drumlean
I am most grateful to the noble Lord. It was not our Government who let the genie out of the bottle, but the Scottish nationalists in Scotland. It was this House and the other House that gave the Scottish nationalist Government the power to make piecemeal changes to the franchise. I warned against it at the time. I warned that we would end up with people making piecemeal changes to the franchise, which should be looked at in the context of the overall age of majority.
I am not sure that I do agree with the noble Lord. We agree that it is a mess but the way to sort it out is to look at it across the board on the basis of the age of majority, not to add to the mess by making yet one more piecemeal change regarding voting in this particular referendum. I was responding to his point on what you say to a 16 year-old about how the law is different on different sides of the border. Gretna Green is a long-standing example.
Lord Davies of Stamford
I had not quite finished my remarks. I will do the noble Lord the courtesy of replying to his intervention. We both agree on the need for coherence. I totally agree that we do not want to make another piecemeal change, which is why I suggest that we make a universal change. In my view the Government should take the opportunity to say that they will legislate as soon as possible and bring forward legislation that will enable us to reduce the age of the franchise for Westminster elections—indeed, for all elections in this country.
Lord Dobbs (Con)
My Lords, a considerable amount of thunder has been generated by a debate which is actually quite subtle. There are no blacks and whites in this but a kaleidoscope of colours, and that is entirely appropriate when we are talking about young people who are just starting their adult lives.
My first political experience was as a 12 year-old when I was knocking up on election day and I had a bucket of water thrown over me. That was certainly an immersion in the political process, but I am not sure it gave me a right to vote at the age of 12. I have listened very carefully to this impassioned debate. I always listen very carefully to the words of the noble Lord, Lord Forsyth. I usually agree with him. The noble Lord, Lord Blencathra, made a passionate speech about why we should not give 16 year-olds the vote. My noble friend—I am not sure if he is here—Lord Borwick, of Hawkshead, made a passionate speech at Second Reading against giving votes to 16 year-olds. I have just listened to a very powerful speech by the noble Earl, Lord Listowel, about the matter, but I assure him that I do not believe that this is a matter of party politics. It is a matter of judgment which crosses all parties.
Like so many others, when I was campaigning up in Scotland, I was very impressed with the response and the seriousness of young Scottish voters. We older voters might actually learn a great deal from their example and their engagement. I am bothered by the fact that, although the coalition Government and the Prime Minister did not specifically approve votes for 16 year-olds, they did acquiesce in votes for 16 year- olds. So the question I am struggling with is: how can it be right to allow 16 and 17 year-olds to vote in a referendum on Scotland but not in a referendum on Europe? There has to be some sort of consistency. Perish the thought, but I actually find myself agreeing with much of what the noble Lord, Lord Davies, was saying earlier—I hope he will forgive me for that.
It is a matter of balance. When I think about it and when I see those who have been supporting votes for 16 and 17 year-olds, I may not lose only my balance but shall probably lose my sense of sanity as well—climbing into bed with the noble Lord, Lord Foulkes; it will have to be a very stout bed-frame to take both of us. I have no idea which way 16 and 17 year-olds might vote. Will they look up to that European ideal that impressed so many of us when we were younger, or will they simply do what so many other young voters in Europe have done and stick two fingers up at the establishment? I suspect that the establishment will be piling in to say, “You must vote to remain”. I do not know, but it does not matter. It comes down to a question of balance and judgment.
Lord Forsyth of Drumlean
Is it not an argument about maturity, not about how people will vote? When I was 16, I thought I was a socialist but I grew out of it. Just because the Scottish Government, for political reasons, decided to give 16 year-olds the vote, that does not mean that the argument about maturity is being addressed. Is that not the central argument?
Lord Dobbs
It is certainly a central argument. I have a 20 year-old who is a devout Corbynista. I would love to take the vote from him, but I do not have the right to do so, even though I think that his judgment on politics—as well as choice of football club—may be rather flawed. If one takes a totally logical approach, as the noble Baroness was saying earlier, there are many elderly people who are perhaps not as capable and as competent as they might be in exercising their judgment. We have to look for a balance. I cannot see how we can face 16 and 17 year-old voters and say yes in Scotland and no as far as Europe is concerned. Although I shall end up with some very strange bedfellows on this one, I urge my noble friend to take a very close look at this issue again and see whether the Government cannot make progress on it.
Lord Forsyth of Drumlean
My Lords, perhaps I might respond to the point made about the position in Scotland. I am really very surprised to hear the noble Lord, Lord Kerr, advancing a naked party-political reason for operating in this way on a matter such as the franchise. He basically said that it would be in the interests of unionists to alter the franchise in a way which may or may not be desirable, and which has not been considered in the round, because otherwise the SNP would be able to make political capital. That is not a reason for doing so.
Whether this is about 18 year-olds or 16 year-olds voting, I do not think that they would vote on whether or not we should remain in the European Union because their younger brothers or sisters were not given the vote. They are probably mature enough to reach a different view. I would also point out that the SNP did not win 95% of the seats and 50% of the vote in Scotland because of the concern amongst youngsters that they did not get the vote in the general election but had it in the referendum. The noble Lord, Lord Kerr, is normally absolutely as sharp as a tack, but perhaps getting involved in this rough trade of politics is tainting him in a way which I would never have thought possible.
Lord Kerr of Kinlochard
I am disappointed to hear that the noble Lord, Lord Forsyth, is shocked and disappointed. I merely made the point, which I will repeat in case it was not fully understood, that if this amendment is not accepted the perception in Scotland will be that, while Edinburgh gives the 16 and 17 year- olds the vote, London does not. It seems to me that that perception would be correct and could be damaging. When I say damaging, I confess that I am a unionist. I do not think that I am making a party-political point but I am a unionist, as is the noble Lord, and I hope that we can agree on something.
Lord Forsyth of Drumlean
I apologise for interrupting but something is niggling me. The noble Baroness says that the door was opened by the Government. From this Dispatch Box there were several assurances by the Government that in allowing the Scottish Government to decide they were in no way setting a precedent, and they made that absolutely clear. The door for all of this was opened by the Labour Party when it set up the Scottish Parliament and created devolution.
Baroness Morgan of Ely
It was right to give the Scottish people the autonomy to decide that 16 year-olds could vote, but the Government opened the door. They knew when they allowed the SNP to determine a lot of the rules of that referendum that that would be the consequence.
I want to turn now to the practicalities of implementation. There would undoubtedly be some issues with the practicalities of implementing this amendment. Obviously, the further away the referendum is, the easier it will be to enact. Of course, electoral registration officers would need to actively encourage and inform those newly eligible electors to vote and if a separate registration initiative for young people is required, then so be it. Let us make it happen. The current system already allows for 17 year-olds and many 16 year-olds to go on the register so we would not be starting from scratch. We could use social media to encourage this age group to inform themselves. They are experts at this and it is important that we understand that that would be an easy way to communicate with them.
It could be argued that it would be easier to implement this policy in England than it was in Scotland because, according to the Government’s own website, after 16 in England you have to stay in full-time education at college or school, start an apprenticeship or traineeship, work or be a volunteer. So we know where these people are. It is not quite as clear-cut in Scotland but in England, according to the Government’s website, we know where they are. So ultimately, whether this is able to occur or not is a question of political will. If the Government want this to happen they can overcome those technicalities in the way that Scotland did. The Government should also remember that when the Electoral Commission last consulted the public on whether 16 and 17 year-olds should be allowed to vote, 72% agreed that they should be given a voice. I urge the Minister to rethink on this issue and to be aware that the voters of the future are watching pretty closely.
Lord Forsyth of Drumlean
I may be having a problem with my brain, because I do not understand where the noble Lord is coming from. He has spent the last year arguing that constitutional change should not be made in a piecemeal way and that we need to have a constitutional convention to look at these things in the round. We have spent this evening listening to people opening doors—saying that we opened the door to the Scottish changes in the franchise, when the Government said that it would not open the door. Surely, the noble Lord needs to work out whether he believes that these things should be looked at in the round. He has also argued that this is a one-off and will not have further implications. I am completely confused as to how he can maintain two opposing positions at the same time. One is tempted, is one not, when he made his slip, to conclude that the real reason he wants these changes is that it will help him to get the result that he wants?
Lord Tyler
My Lords, the Bill sets out a timetable, and we had some discussion on that earlier this evening. That is the timetable with which we are faced in your Lordships’ House; we have a Bill, and we are going to have a referendum. I agree with the noble Lord that it would have been preferable some years ago if we had had the opportunity to look at some of these issues in the round, but we did not, and we have not done so, and the present Government are still setting their face firmly against a constitutional convention. Unless he is prepared to delay a referendum for another three, four or five years, I am afraid that we must address what is on the Marshalled List today, which gives us an opportunity to decide what is to be the franchise for one very specific question. That is what it is all about.
I go back to the point made by the noble Lord, Lord Dobbs. It may well be that there are Members of your Lordships’ House who think that this is not the right moment to move, but I think that we have an excellent precedent on this sort of issue, when the decision that will be taken has such ramifications and implications for so long. In that context, we should make progress in that direction. However, I accept that this may not be technically the most robust amendment to achieve that change, and I certainly want to make sure that we get cross-House support from Cross-Benchers, Conservatives, Labour and Liberal Democrats for the amendment, to demonstrate how wide the support now is. More support has been demonstrated today, and I hope that we can do that. In that context, it is obviously right that for this Bill and on this occasion we make sure that the amendment is absolutely technically perfect. So in that circumstance, to make sure that we can demonstrate that breadth of support, for the time being I beg leave to withdraw the amendment.
Lord Foulkes of Cumnock
My Lords, I signed the amendment of the noble Baroness, Lady Miller. I am eager that we all pay attention to the words of the noble Lord, Lord Willoughby de Broke. After all, his title goes back to 1491. If my memory serves me right, it was on 7 November that year, that Maximilian I, the Holy Roman Emperor, and King Vladislaus II of Bohemia and Hungary, signed the Peace of Pressburg, ending the Austro-Hungarian war. Later that year, on 6 December, Charles VIII of France married Anne of Brittany and Brittany was incorporated into France. Even in 1491, the European Union was beginning to form. No doubt the very first Baron Willoughby de Broke did not like it very much either. Nothing changes in the barony of Willoughby de Broke but the rest of us have to live in the modern world—not in 1491 but in 2015.
I do not want to repeat the arguments that have been put forward but to underline that I agree with them. I am very fond of the Commonwealth and am on the executive committee of the Commonwealth Parliamentary Association, and I ask, as president of the Caribbean Council, what the logic is in extending the vote to citizens of Mozambique but not to citizens of France. It seems crazy. I agree with what has been said.
Secondly, there is the issue of no taxation without representation. We have many European Union citizens in the United Kingdom, who contribute so much to our economy—it is estimated at £20 billion between 2001 and 2011. London is, I think, the fourth largest French city. We have many French people living here, contributing to our economy, and making London such a powerful and successful place, yet we are saying to them that they are not going to get a say in a referendum which will affect their future. It just seems crazy.
The last argument I want to put forward is the crunch argument. European Union citizens already vote in local elections. As was said earlier, they voted in the Scottish referendum. Most important of all, they vote to choose their Member of the European Parliament. If they are allowed to choose the person who represents them there, it is manifestly obvious they should also be given a vote in the referendum which decides whether we continue to be members of the European Union and continue to send Members to the European Parliament. That is the right thing to do.
Lord Forsyth of Drumlean
Will the noble Lord deal with the point that was made by my noble friend Lord Ridley? He is right that people from eastern European countries living in Scotland were able to vote in the referendum. Certainly, looking at the broadcasts at the time, many of them voted for independence—partly as a result of their own experience; they saw it as about liberation and freedom. If the referendum result had been very close and gone the other way and people were able to demonstrate that it had been turned by the votes of people who had come from Europe, does the noble Lord not think we might have had a problem?
Lord Foulkes of Cumnock
No, I do not. No one made that point in the run-up to the referendum. No one said that they would not accept the result, even if it was close, because European citizens living in Scotland were voting in it. That was not an issue. I went round a lot of Scotland during the referendum and no one ever raised that as an issue with me.
As a postscript, I find the suggestion just referred to that, because no other countries have done this, we should not, quite depressing. We have pioneered so many things in the United Kingdom. We have invented and started so much. Why can we not also be pioneers in this? I hope the Government will give it serious consideration.
Lord Collins of Highbury
My Lords, I am tempted to stray on to the next group, which the noble Lord, Lord Green, has mentioned, because there are obviously a lot of issues here about what is citizenship and what is entitlement to vote. Of course, for historical reasons, entitlement to vote in this country is very complex and has developed over a long time. The link between the right to abode in this country and a British passport has been broken. We are changing that situation gradually, but it is very complex.
I have some sympathy with the comments of my noble friends Lord Liddle and Lord Foulkes because I must declare an interest: I am married to a Spanish citizen who came here to work and has been here for 20 years, and who does participate in civic life in this country. He regularly votes for his local councillor and considers himself an EU citizen. He considers himself part of a European Union and I think the problem we have in terms of this referendum is that it will undoubtedly cause him concern if Britain votes to leave the EU. No longer will he have that common bond; he will be told that he is simply a visitor here.
The noble Lord may raise a question here about residents having the opportunity to apply for citizenship and I will return to that, but I want noble Lords to address a number of questions which I would like the Minister to answer. Whatever conclusion we make, there are nearly 2 million people who have been living in this country and participated in civic society who deserve some clear answers.
When we came to a question about the future of the United Kingdom and a referendum was held in part of the United Kingdom, in Scotland, the decision was taken that the appropriate electorate for that decision was the franchise for the Scottish parliamentary elections—the local government franchise. No one disputed that at the time, as my noble friend Lord Foulkes said. Now I think citizens of the European Union—because that is what they are—who work here and have lived here for some time will ask if they vote for British representation—
Lord Forsyth of Drumlean
On the point that no one disputed the franchise, I certainly received many, many letters from people who were Scots living in England complaining that they did not have a vote in the Scottish referendum and that people who had come here from other European countries on a short-term basis—shorter than the noble Lord’s partner—perhaps to work for only one or two years did have a vote. It was by no means uncontroversial.
Lord Collins of Highbury
I know it was not uncontroversial because the previous Government conceded a referendum on the future of the United Kingdom where all parts of that United Kingdom would have said that they wanted a say in the future of this United Kingdom. That did not happen. I think that is a legitimate point to make. My husband is not my partner any longer—we have now been able to change that—but he and the 2 million people who came to this country and are here on a certain understanding are going to be faced with the prospect of radical changes in their circumstances without having any say.
I raised the point of Scotland, as did my noble friend Lord Foulkes, but when we come to British representation in the European Parliament, European citizens are entitled to vote for British representation in the European Parliament, not French or Spanish or whatever. My husband does not cast his vote in the European elections in Spain; he casts them here for British representation. They deserve an answer to that question and they deserve to know why you are choosing the Westminster franchise when maybe—as in Scotland or in Wales—the appropriate franchise would be the people who are most affected.
Of course as we come into the other debate on the next group, there is an issue about people who have resided here who can obtain the right to vote and get the Westminster franchise if they become British citizens. In the media last week, there were clear signs that people are concerned about their status changing and are therefore willing to fork out nearly £1,000 to obtain British citizenship. Maybe my husband will make that same decision—partly because he does not have to break his ties with Spain but can obtain dual nationality. That is not the case for everyone.
Lord Kerr of Kinlochard
I can remember the days when the Conservative Party was a very strong believer in the Commonwealth and I rather wish that the noble Lord, Lord Howell of Guildford, was here to join us and give us his views. I am in favour of maintaining Commonwealth ties. My father-in-law, a New Zealand Rhodes scholar, came here as a young man, spent 70 years here, wore the King’s uniform in the war, paid his taxes and never failed to vote. He voted in the 1975 referendum. I would think it a pity if people of that kind were denied a vote in this referendum.
I believe that the noble Lord, Lord Green of Deddington, whom I have known for 50 years and regard as a close friend, is completely wrong on this issue. It is uncomfortable to be caught between the noble Lords, Lord Hannay of Chiswick and Lord Green of Deddington, but we are a rough lot in the Foreign Office and I have learned to put up with it. In my view, there is a very serious immigration issue in this country but the issue is how best to integrate immigrant communities, and that is not best pursued by curtailing their rights.
The strongest argument against the amendment is the Irish one. We all know the long, sad history and the importance—and futility—of the settlement. I think that it would be most unwise to think of reopening that issue now, and I hope that the noble Lord, Lord Green, will withdraw his amendment.
Lord Forsyth of Drumlean
My Lords, I support the noble Lord, Lord Green, who made a compelling case. I thought that what we were discussing was not the future of the Commonwealth, our relations with the Commonwealth or our relations with Ireland but how we would give the British people an opportunity to decide whether their future was in the European Union. It seems to me that the noble Lord, Lord Green, is rightly arguing that British citizens and no one else should be the people to make that decision.
I must congratulate the noble Lord. It is the first time that I can remember in 30 years when the noble Lord, Lord Davies, has been reduced to total silence. He was stopped in mid-sentence when it was pointed out to him that in Irish referendums British citizens do not have a vote. If I had been living in Dublin, I certainly would not have expected to have a say—
Lord Forsyth of Drumlean
I will give way in a second but perhaps I may finish what I was saying. I would not have expected to have a say in whether the Irish should remain in the European Union. Indeed, if people like me had had a say and the vote had been narrow, I think that people would have been perfectly justified in arguing that this was a matter for the Irish people and not for citizens of other countries who happened to be resident in Ireland.
I very much look forward to the Minister’s reply because I thought that the noble Lord made a number of powerful points, not least—I could see the expressions on the faces of those on the Opposition Front Bench—in bringing to his support the very distinguished former law officer in the previous Labour Administration. We are not here to sort out the problems of the Commonwealth. I very much share my noble friend’s enthusiasm for the Commonwealth but that does not mean that members of the Commonwealth who are resident in this country should have a vote on matters that concern our internal affairs and our future as the United Kingdom.
It is very amusing to see this division of opinion between the former mandarins in the Foreign Office. I have to say to the noble Lord, Lord Kerr, that his arguments are, unusually, a little weak, whereas I felt that the noble Lord, Lord Green, made a powerful and persuasive case. I suspect that if most ordinary people in this country knew the position, they would find it deeply distressing and worrying. I give way to the noble Lord.
Lord Davies of Stamford
I think that the Committee will have enjoyed the spectacle of the three great Foreign Office mandarins disagreeing among themselves.
I have to say to the noble Lord that I was not stopped in mid-sentence. I had completed my last sentence and sat down, and, in consideration to the Committee at a late hour of the evening, I decided not to get up again. However, since the noble Lord insists, I repeat that the amendment of the noble Lord, Lord Green, would lead this country into a blatant breach of the Belfast agreement. That agreement laid down that all citizens of Northern Ireland had the same civil rights whether they called themselves Irish or British, or whether they were the subjects of one country or the other. The Belfast agreement did not make any provision for British subjects living in the 26 counties of the Republic of Ireland. Maybe it should have done but it did not. The fact is that proceeding with the noble Lord’s amendment would lead us to a breach of a major international agreement, with all the consequences that would flow from that.
Lord Forsyth of Drumlean
The noble Lord has not dealt with the fundamental point, which is that we do not have a vote in Irish referendums. I have an Irish son-in-law, and I will ask him, but I would be very surprised if people on either side of the border in Ireland lie awake at night worrying about whether or not they might have a vote on the decision that Britain has to take as to whether or not it wishes to remain part of the European Union. That is a pretty poor argument, given that we are concerned here with enabling the British people—British citizens—to decide the future of their country in a referendum in a way that is seen to be fair and equitable.
Lord Hannay of Chiswick
I honestly think that the noble Lord is treating in a very light-hearted fashion an extremely serious matter. I have had quite a lot of dealings with the Irish dimension in the context of the Government’s repatriation of some justice and home affairs legislation. If the noble Lord does not think that people are losing sleep on both sides of the border about the possibility that Britain might not be in the European Union, I am sorry, but he has not been reading very much. They are losing a great deal of sleep about that. If that were to result in the reinstallation of border controls, for both people and goods, the results could be pretty disastrous. A lot of sleep is being lost. If we were to move in the direction that this amendment proposes, it would merely increase the agitation.
Lord Forsyth of Drumlean
It is interesting that the noble Lord is anticipating that we are going to leave the European Union. I did not say that they were not losing sleep over whether or not we would leave the European Union; I said that I doubt they are losing sleep over not having a vote in the British referendum, which is an entirely different point. I am by no means making light of our relationship with Ireland; I think it is very important. However, what people in Ireland are losing sleep over is the amount of money and the destruction that their membership of the euro has cost them. But that is a debate for another day.
The hour is late. I support the noble Lord, Lord Green, and think that the oblique nature of the attacks on his arguments, rather than dealing with the substance of the amendments, indicates that this is a matter that we should return to at a later stage in the Bill.
Lord Lexden (Con)
I would like to make a small point of clarification, if I may, as far as the Irish Republic is concerned. At some point under Mrs Thatcher’s Government—I cannot remember the exact year—the Government of the Irish Republic extended to British citizens living there those voting rights that Republic of Ireland citizens have here. If British citizens are excluded from a referendum in the Irish Republic, it is because there is a separate electoral roll for that. As far as parliamentary elections are concerned, we are on all fours with the Irish Republic and have been for some years.
Lord Faulks
My Lords, the purpose of these two amendments is to restrict the franchise for the EU referendum so as to prevent Commonwealth citizens who are the citizens of a country mentioned in Schedule 3 to the British Nationality Act 1981, and Irish citizens who are resident in the UK, from voting. As the Committee will be aware, this referendum will use the franchise for parliamentary elections, which includes this category of Commonwealth citizens—for example, citizens of Australia, New Zealand, India and Kenya—and Irish citizens who are resident in the UK.
This is fair and consistent with the precedents Parliament has previously agreed. For example, this franchise was used for the UK alternative vote referendum in 2011. It is also the franchise set out in the European Union Act 2011, which some noble Lords may remember, which provided for a referendum in the event of transfer of powers and competencies in certain circumstances. It was initially opposed by the Labour Party, but then, I think, there was a change of heart and Labour decided to support the legislation after it had been passed.
The Representation of the People Act 1983 refers to those entitled to vote at United Kingdom parliamentary elections. They include resident Commonwealth citizens and citizens of the Republic of Ireland. “Commonwealth citizens” is a wide term. The categories of persons who fall within the definition of “Commonwealth citizens” are set out at Section 37 of the British Nationality Act 1981. Commonwealth citizens include British citizens as well as those with other types of British nationality, including, for example, British Overseas Territories citizens and British subjects, as well as citizens of those countries listed in Schedule 3 to the Act.
The Act also sets out that, in order to be entitled to register to vote, a Commonwealth citizen must either have leave to enter the United Kingdom or to remain under the Immigration Act 1971, or not require such leave. Citizenship of the country of residence is the normal prerequisite for the right to vote in the elections of that country in most democracies. However, the rights of Irish citizens, and this particular category of Commonwealth citizens, in the United Kingdom are slightly different.
The reason for granting Commonwealth citizens and Irish citizens the entitlement to vote and stand in United Kingdom parliamentary elections lies, as a number of noble Lords have said, in the historical ties we share—as the noble Lord, Lord Wallace, pointed out. In the past, citizens of Commonwealth countries and Ireland were British subjects. As countries have attained independence, the rules on franchise have been maintained and updated. In the case of Ireland, there is a long-standing agreement of reciprocity of voting rights between the UK and Ireland.
When the British Nationality Act 1981 came into force the then Government gave an undertaking to preserve certain rights of Commonwealth citizens resident here, and this included the right to vote. I should remind the House that at a conference held in 1947, the United Kingdom and the Dominions agreed that each should recognise the others’ freedom to devise their own nationality laws, but that all persons identified by such laws as citizens should continue to hold the common status of British subject. Ireland also took part in that conference and a special status was laid down for the benefit of its citizens.
It was agreed that citizens of one country of the Commonwealth who were resident in another country should, within the limits of the new citizenship system and as far as local conditions allow, be given all the rights possessed by citizens of the country in which they are resident. As I have already pointed out, Malta and Cyprus are EU member states but are also members of the Commonwealth and, if they meet the requirements that apply to Commonwealth citizens, they can vote.
On the occasions when it has considered the issue of Commonwealth and Irish citizens’ voting rights—I understand that the noble Lord, Lord Green, said that it was not considered when the matter went through the other place—Parliament has taken the view that this should not be changed. We say that the referendum is not the place to disturb this franchise. There has been reference to what the noble and learned Lord, Lord Goldsmith, said in 2008 in his citizenship review. I had understood that the passage quoted by the noble Lord, Lord Green, suggested that it was right in principle not to give the right to citizens of other countries until they became UK citizens. That ought to be seen in the context of a wider debate about what it means to be a United Kingdom citizen. I am not suggesting that any vote should be taken away from those who already have a vote for those long-historical reasons. However, it is a view that he has extended by saying that he supports the amendment, and perhaps we will hear his views on Report on that matter. He is entitled to have them. There are strong, historic reasons which we say mean that we should maintain a historic connection and a historic franchise.
Suggestions have been made, both inside and outside Parliament, that one franchise or another would influence the vote in this referendum. I entirely agree—at the risk of repetition—with all those who have said, whether fanciful or not, that any suggestion of changing the franchise might be to the effect of altering the result and needs to be avoided. The referendum should command support. I remain of the view that we should maintain our parliamentary franchise for the EU referendum and continue to include Commonwealth citizens of the countries listed in Schedule 3 to the British Nationality Act 1981 and Irish citizens as part of this.
Lord Forsyth of Drumlean
Can my noble friend confirm, so that we are clear, the position with respect to referenda held in Ireland? Would British citizens living in Ireland be entitled to vote in Irish referenda or not?
Lord Faulks
I do not believe they would, but in case that is not an accurate answer I will correct it.
Lord Forsyth of Drumlean
If that is the case, what does reciprocity mean in this context?
Lord Faulks
Yes. There is reciprocity. If a British citizen lives in Ireland they have the right to vote there, but not in a referendum. The position is, therefore, that there are long-historical links. The noble Lord, Lord Wallace, asked a question which I cannot answer now. However, I shall endeavour to provide the answer in due course. The amendments have once again provoked an interesting debate, but in the final analysis I suggest that we should stick to the parliamentary franchise, and I ask the noble Lord to withdraw the amendment.