European Union Referendum Bill

Tom Brake Excerpts

Thursday 18th June 2015 Commons Chamber

[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.

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[Mike Gapes]

That is true, but there remains an anomaly which is not dealt with by what has been said by either the hon. Lady or my right hon. Friend the Member for Wolverhampton South East. We allow some EU citizens to vote in our elections; there is not a blanket ban. A Cypriot can vote, a Greek Cypriot can vote, but a Greek cannot vote.

[Tom Brake]

I am happy to have added my name to the hon. Gentleman’s very sensible amendment. What reasons have his Front-Bench colleagues given him for not supporting it?

[Mike Gapes]

I will let my Front-Bench colleagues speak for themselves. I will not put words into their mouths. I am presenting a case that is linked with my other amendment, which relates to British citizens living in other EU countries.

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[Mrs Main]

I have been gently chided from going down that route. The point is that a referendum is something that has been rattled around for a considerable time. We are now having one, thanks to the fact that we have a Conservative Government who have promised to deliver a referendum, and deliver it we shall. I do not wish to muddy the waters of something so vital, so important and so longed for by trying to move the franchise down to the age of 16 or 17.

I look forward to all sides expending as much effort and energy on this matter to ensure that those people who currently have the franchise exercise it. That will be the best way to ensure that we get a vote that represents the true wishes of the people of this country. Those people of 18 will be living with the consequences for a very long time—just as those of us in our fifties have lived with the consequences of what our parents chose for us. We should stick with our current franchise, and not be considering passing an amendment that does something so momentous as extending the franchise to 16 and 17-year-olds. Such a decision may be for another day. All the implications raised by the hon. Member for Ilford South could be discussed then. We could consider who should vote at general elections and at local elections. That is an important issue, but it is not for today. I shall vote with the Government and not support the amendment.

[Tom Brake]

I rise to speak in favour of amendments 51, 1, 2 and 18. Having been advised that the lead amendment would be 51, I put my name to that, but I am also happy to support amendment 18, which seeks to achieve the same thing in relation to EU citizens being able to vote.

Briefly, on the subject of votes at 16 and 17, the Scottish referendum has demonstrated convincingly that 16 and 17-year-olds are interested in politics and that when there is a vote of substance, they will want to take part. They have demonstrated, I would have thought convincingly to the House as a whole, that they should be entitled to vote. Certainly, that is something that the Liberal Democrats have pursued vigorously for many years. Indeed, Stephen Williams, the former Member for Bristol West, pursued the matter in the previous Parliament and ensured that the House voted in favour of votes at 16. It was not legislated on, because it is not something that the Conservatives would agree to in the coalition.

My friend in the other place, Lord Tyler, has also pursued the issue through a private Member’s Bill in the other place, calling for votes at 16 for all elections and referendums.

[Chris Skidmore]

The right hon. Gentleman takes a snipe at the Conservative party for refusing to take certain decisions within the coalition. But the Liberal Democrats refused to give us a referendum on Europe in the previous Parliament, which is why we are having it now. It is hardly fair to make those assumptions when his party, at heart, has always been against a referendum on Europe—certainly after 2010.

[Tom Brake]

The hon. Gentleman will know that that is not the case. In the previous Government, we legislated to allow a referendum to take place if there was a substantial transfer of powers—or proposals for such a transfer—from the UK to the EU.

There is one final reason why 16 and 17-year-olds should be given a vote in this referendum, which is that if the UK votes to come out of the EU, it will be a one-way street. If we choose “Brexit” rather than “Bremain” there will be no “Breadmission”. What does that mean for 16 and 17-year-olds? Their options for living, working, travelling and studying abroad are curtailed. Their horizons are restricted and their futures diminished. They have a right to have their say in a referendum, which, if the UK votes to leave the EU, could have a long-lasting and damaging impact on their life chances. We in this place should be giving them that right.

In relation to the franchise for EU citizens, currently 2.3 million citizens of other European member states live and work in the United Kingdom. In the regional and local elections that will be held across Britain and Northern Ireland next year, all EU citizens living in the UK will be entitled to vote, yet, as clause 2 stands, EU citizens living abroad in the UK will not be entitled to vote in the referendum. To respond to the point made by the Opposition spokesman, the right hon. Member for Wolverhampton South East (Mr McFadden), I do not think the fact that other countries have not allowed EU citizens to take part in similar referendums means that that is the path that the UK Government should follow.

I said earlier that EU citizens will not be entitled to vote, but of course, as several hon. Members have said today, a number of EU citizens will be able to vote in the referendum, because there is no consistency. Citizens of Ireland, Cyprus and Malta living in the UK will be able to vote in the referendum, but citizens from all other EU member states will not. As the hon. Member for Ilford South (Mike Gapes) said, it is clear that non-British EU citizens living in the UK have a very big stake in this election. If Britain leaves the EU, those men and women will still be EU citizens—unlike their UK counterparts, who will lose their EU citizenship rights—but they will no longer have the automatic right to live and work in the UK.

We should also remember that non-British citizens have the right to vote and stand in regional and local elections. There are many examples of European citizens playing a leading representative role in our democracy. As SNP Members will know, one of the best-known cases is that of the French-born Christian Allard, the SNP MSP for North East Scotland. It would be a disgrace if he was not allowed to vote in the EU referendum.

Do we really want to say to EU citizens who make such an outstanding contribution that they are good enough to represent us in the Scottish Parliament, in the Greater London Authority, or as our local councillor or mayor, but that they are not good enough to have a say in the EU referendum? Do we want to say to EU citizens that they are good enough to invest in Britain, set up a business here, pay their taxes and contribute to our communities, but that we do not want their voices to be heard in the referendum? Do we have the chutzpah to go to EU citizens next year, when all the political parties in this place will be competing for their votes in next year’s local and regional elections, and say, “Sorry, we didn’t give you the vote in the EU referendum, but please give us your vote now so that we can represent you”?

[Simon Hoare]

The corollary of the right hon. Gentleman’s argument is that he is advocating the abolition of the distinctions between the registers for local government elections and for Westminster and European elections. Is that at the heart of what he is saying? While I am on my feet, may I stress that this is not a qualitative position? We are not saying that people are either good enough or not good enough. It is about whether it is right or not.

[The Temporary Chair (Mr George Howarth)]

Order. Saying “While I am on my feet” is almost the same as saying “and secondly”. Members should make a single point.

[Tom Brake]

I certainly agree with the hon. Member for North Dorset (Simon Hoare) on the latter point, if I may respond to just one of the points that he made. This is about what is right and what is wrong, but there are some Opposition Members who believe that it is right to give EU citizens the right to vote in the referendum. Clearly, most Members on the Government Benches, if not all of them, do not think that it is.

Most importantly, EU citizens are mobilising and demanding the vote. A former Member of this House, whom I knew quite well as he represented a constituency close to mine, Roger Casale, an Italian by origin, has set up an organisation, New Europeans, which has been mentioned by the hon. Member for Ilford South, to ensure that EU citizens living in the UK have their voices heard. The organisation is celebrating its second birthday today, so I wish it a happy birthday.

On Tuesday, Roger and fellow members of New Europeans visited the House of Commons during the first Committee day of the EU referendum debate to speak to MPs about the franchise in the EU election. We have already heard the names of many of those who attended and I will not attempt to pronounce them, as that was well done earlier by the hon. Member for Ilford South.

EU citizens in Scotland had the right to vote in the referendum and may have helped to keep Scotland part of the United Kingdom by voting no to its break-up. Many EU citizens living in the UK now demand the right to vote in the EU referendum to keep Britain in Europe. Would we have argued that the independence referendum in Scotland was illegitimate if it had been won by such a narrow margin as to make the votes of EU citizens there decisive in the outcome? If not, why should we deny EU citizens the vote in the EU referendum, fearing that the outcome of the vote might depend on them?

[James Cartlidge (South Suffolk) (Con)]

As we all know, rightly or wrongly, many of the people who would vote to leave the European Union would do so because of the perceived issue of the number of people coming into the country. If we were to vote to stay in specifically as a result of the votes of European citizens, would that not be inflammatory to many millions of people who voted no?

[Tom Brake]

I will let the hon. Gentleman speculate on that, but what is clearly inflammatory is that 2.3 million EU citizens who live here will not be able to take part, if the Government have their way, in a referendum that will have a significant impact on them and their children. The Government disregard that at their peril.

This is exactly the argument that many Government Members have made to deny EU citizens the vote. It is a tactical and political argument that says that they want the referendum to be won—that is, for us to come out of the EU—on the votes of British citizens alone. There is no consistency in who can vote in the election, because it is not just British citizens who will be included. Citizens of 73 nationalities will be able to vote in the referendum, as they come from Commonwealth countries, and members of three EU states will be able to vote alongside British and Commonwealth citizens, yet citizens from the other 24 member states of the EU will not have the vote under the current parliamentary franchise.

[Mike Wood]

I welcome the right hon. Gentleman’s mention of consistency. Perhaps he could remind the House of what he did as Deputy Leader of the House until a few weeks ago to try to extend the parliamentary franchise to include all European Union electors?

[Tom Brake]

I thank the hon. Gentleman for that intervention, but I suspect that given the ferocity with which the Conservative party opposes any proposed extension there would not have been much point in my trying to pursue that as Deputy Leader of the House.

EU citizens in the UK are the group whose future will be most affected by the outcome of the vote, as well as 16 and 17-year-olds, as the hon. Member for Totnes (Dr Wollaston) said earlier. EU citizens in the UK are demanding the vote and for too long, we in this place have not listened to their voice in our communities. That has to change. It is the Liberal Democrats’ policy to allow EU citizens to vote and we call on other parties to follow suit. When we go to the polls next year in the regional and local elections, we will be held to account by more than 2.3 million EU citizens in the UK for the actions we take today. It is time to do the right thing and empower EU citizens by giving them the vote in the referendum. What better way to mark the second anniversary of New Europeans and to acknowledge the rights of the 2.3 million EU citizens they represent than to extend the franchise in the EU referendum to all EU citizens rather than just some? Basing the provision on the local election franchise and not the parliamentary franchise would achieve that, so I commend these amendments to the House.

[Chloe Smith]

I believe passionately—I have spoken on this point before, both in this place and outside it—that young people should have a place in our democracy. Doing nothing about their current position within our democracy is no option at all, and I would follow on from the arguments in that regard made by my hon. Friend the Member for Totnes (Dr Wollaston). However, I shall not support the amendments today. Let me explain why.

Disraeli tells us with some wisdom, as he often does, that we can see two nations in one. I do not mean two nations under one roof in the United Kingdom, but rather that there are two nations of older and younger voters. His original point was that his two nations might as well have been dwellers on different zones or planets, as they had so little sympathy with each other’s positions. One might be drawn to think that from the relative turnout figures for older and younger voters. In the 2010 election, the last one for which we have the complete figures, I believe, the average voting rate was around 65%. The rate among pensioners was about 75%, and the rate among 18 to 24-year-olds was about 44%. The data we have for the election just past are incomplete, but I understand that one set of data suggests that the turnout rate among 18 to 24-year-olds declined by one percentage point.

The point is this: we in the UK have a serious problem of low youth turnout—we are the sick man of Europe, or indeed the world on some counts. Some studies suggest that, at that statistical level, we are hopelessly behind other countries in Europe. There is a US-UK-Germany study on this point, which shows that, although young people turn out less than their elders in other countries—the US is a good example—in the UK the divergence is accelerating. That is a serious problem.

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[Chloe Smith]

My hon. Friend may think that—I couldn’t possibly comment. What I will comment on is the need to ensure that everyone of a suitable majority in this country has a chance to play their role in democracy. Defining a suitable majority is a much bigger thing than we could do through the amendment, as the quality of the debate today has shown.

[Tom Brake]

Given that the hon. Lady wants to deal with the issue holistically, has she spoken to Ministers and asked them if they would urgently introduce a Bill that would deal with it in a holistic manner? The referendum could then take place with 16 and 17-year-olds voting.

[Chloe Smith]

I have great respect for the right hon. Gentleman, having served alongside him on some of these matters in the previous Government. I want to say to Ministers through my remarks in the House today, in addition to whatever I may say to them privately, that we ought to return to this matter in the House. Some very important issues have been raised in the debate and I hope my remarks serve to show that there is cross-party consensus on the need to involve young people in our democracy. I am sure the Front-Bench team are listening very carefully to that.