Elections Bill — House of Lords, 2022-03-23
Topic: Civil Rights
Robert Andrew Stunell (Liberal Democrats, Centre to centre-left): My Lords, I want to ask some technical questions, without necessarily knowing what the correct answer is myself. I hope that the Minister, if he is not able to answer today, would be prepared to write to provide a further explanation I start by referring to some of the text of Clause 12. On page 14, line 13, under the new section "Extension of parliamentary franchise", there are various conditions that a person has to satisfy. They have to be, "not subject to any legal incapacity to vote (age apart)" et cetera. I take it—perhaps the Minister can consult the Box to get an answer to this—that that is to make sure that nobody overseas registers who is under age. I assume that is the meaning of that. If I am wrong about that, then there might be a whole set of questions arising, but that seems to be the common-sense explanation for those two words in brackets I want to move on to the next page of the same clause. New Section 1B is headed, "British citizens overseas: entitlement to be registered" The proposed new section sets out that, essentially, there are two ways in which one can qualify to be registered. The first is as a former elector in a United Kingdom constituency. There will be discussions about that, I am sure, but the second is what I want to focus on at the moment. The second condition is that you were a former resident in a UK constituency. We already know that there is quite a large number of people who are not registered, because we discussed earlier on that the Electoral Commission’s estimate is that in Great Britain and Northern Ireland, there are somewhere between 8.6 million and 9.8 million people who are currently resident but not on the electoral roll. There is, therefore, quite a large pool of people who, presumably in approximately equal proportion, will be overseas now. There is no special preference for people who have registered being the people who have migrated So my question is: does this legislation grant voting rights to someone who left the UK with their parents as a baby and moved to Switzerland, say, to claim their vote alongside their parents, once they reach the age of 18 overseas? If it does, I note that there does not seem to be any requirement for that baby to have been born in the United Kingdom; they need to establish only that they were resident here. As far as I can tell, there is no specified minimum period for that residence I will take a case that is not entirely hypothetical. Parents who came to the United Kingdom, having been working in Ghana, with a baby who was born in England, move to Switzerland six months later. It seems that nothing is set out in the legislation to prevent that baby from claiming their vote on reaching 18 while still living overseas. I want to check that I have not misunderstood what the legislation is saying there and that, by virtue of that brief period of residence, they would be eligible to vote and—I suppose I could add—to make a donation. If that is true, I know of two British nationals now in their 50s who will be very happy to take up the offer But I want to know whether that really is the extension to the franchise that the Government want or whether I have actually missed something and, in some other part of the RPA—or Schedule 9 or goodness knows where else—there is something that would prevent that absurd outcome.