My Lords, I regret that we will not be able to agree to these amendments, but I preface my remarks by sending my very best wishes to the noble Lord, Lord Green. He ploughs sometimes a lonely furrow in this Chamber, but he is somebody of the most outstanding integrity and is greatly respected in your Lordships’ House. I very much hope that my good wishes are passed on to him. The engagement meeting I had with him when I had Covid was over Zoom, so I do not claim responsibility—but I offer the profoundest sympathy to him.
Amendment 43 in the name of the noble Lord, Lord Green, would require the Government to consult each Commonwealth country and produce a report on how we might confine the voting rights of Commonwealth citizens to citizens of those countries that grant British citizens the right to vote. Each country has the right to determine its own franchise, and the United Kingdom has done this. Qualifying Commonwealth citizens—that is, those persons who have leave to remain in this country or who have status such that they do not require such leave—are entitled to the parliamentary franchise. The rights of Commonwealth citizens are long-standing, and they reflect our unique historic ties to the family of Commonwealth nations and with Her Majesty the Queen.
Historically, while the Commonwealth countries were part of the British Empire, their nationals were subjects of the British Crown, and they were governed directly by the British Parliament. In 1918, the Representation of the People Act provided that only British subjects could register as electors. The term “British subject” then included any person who owed allegiance to the Crown, regardless of the Crown
territory in which he or she was born. This recognised in part the contribution of servicemen of so many nations who fought in the Great War.
10 pm
Under the British Nationality Act 1981, those who had previously been British subjects became, in general terms, Commonwealth citizens. During the passage of that Act, the Government gave assurances that the new definition of “British subject” would not alter the possession of civic rights and privileges, such as the right to vote. Successive Governments and Parliaments since 1981 have concluded that the existing voting rights of Commonwealth citizens should not be disturbed. This Government echo that. In our judgment, conducting this consultation in the short period proposed would therefore be unnecessary and may seek to undermine our relationship with the Commonwealth at this delicate time. As such, we cannot support this amendment.
Amendment 44 would extend the local franchise in England to all persons aged 18 and over with a form of indefinite leave to enter or remain, as noble Lords have expounded. Amendment 44A would retain the automatic grant of voting and candidacy rights for all European citizens in Northern Ireland. With the exception of those rights that were granted to EU citizens under EU law, the criteria by which the local franchise in England is determined mirrors the parliamentary franchise criteria. On this matter, the Bill will update the franchise to reflect our new relationship with the European Union more appropriately.
Now that the United Kingdom has left the European Union—I recognise the regret that many noble Lords still have about that—the Government take the view that the right to vote and stand in local elections should no longer be conferred automatically by virtue of European citizenship. Hence, the provisions on European voting and candidacy rights in the Bill will remove the automatic right of European citizens to vote in all UK elections that use the local election franchise and are reserved to the UK Government.
However, the Government also recognise that such rights are already in existence. On this basis, we wish to preserve them for UK citizens in EU countries and, correspondingly, for EU citizens in the United Kingdom where this can be achieved on a reciprocal basis. The Government are also committed to respecting the existing rights of those EU citizens who made their home in the UK before EU exit. Many people doubted that this Government would do that but this Bill makes provision for these twin planks of policy on European voting rights. With specific reference to the proposal to extend the local franchise to all foreign nationals—this is not just EU citizens; they might be Russian nationals, for example—with permanent leave to enter or remain, the Government are clear that they have no plans to create new franchise rights where no such rights existed before, so we will not support this amendment.
I turn specifically to Amendment 44A and the measures in it as they apply to Northern Ireland. The noble Baroness, Lady Ritchie, expressed her concerns that these measures may breach the agreement of Article 2 of the Northern Ireland protocol. I listened to her with care and great respect, as I obviously always do to the noble Lord, Lord Murphy. I take this
further opportunity to assure the noble Baroness that, in our judgment, it is not the case that these measures breach the article.
As the noble Baroness told your Lordships, the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland have sought clarification on EU voting and candidacy rights in relation to the NI protocol. The United Kingdom’s position is clear and has been explained to both commissions: removing voting and candidacy rights from EU citizens arriving in Northern Ireland after the implementation date does not run counter to Article 2 of the Northern Ireland protocol. However, I can assure the noble Baroness that officials have, and will continue to have, regular engagement with both commissions. I will pass on to appropriate colleagues in government the comments and requests from her and the noble Lord, Lord Murphy.
The removal of voting and candidacy rights for EU citizens arriving after the end of the implementation period is a direct result of the reality of our changed relationship with the European Union. We have left the European Union but we have not left the Commonwealth. As such, the Government cannot support these amendments.